The Department of Labor’s proposed rule to modernize the PERM labor certification program has cleared White House review. The Office of Information and Regulatory Affairs concluded its review on October 23, 2026, finding the proposal consistent with change. The rule, titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program” (RIN 1205-AC29), is the first broad rewrite of the PERM rules in about two decades, and it can now be published in the Federal Register at any time.
What DOL Has Signaled
The text of the proposal will not be public until it is published. Based on what DOL has said in its regulatory agenda and related announcements, employers should expect proposals in four areas: higher minimum standards for recruiting U.S. workers, stronger protections for U.S. workers who have been laid off, broader nondiscrimination requirements, and tighter recordkeeping.
What We Do Not Know Yet
Several important questions will stay open until the text is released. We do not yet know how much more demanding recruitment will become, whether processing times will grow, what new costs employers will face, or which cases the new rules will reach, including whether any transition provisions will protect cases already underway. We will review the proposal as soon as it is published and update this post.
Why Timing Matters
A proposed rule has no legal effect. DOL must first take public comments, which usually run for 30 or 60 days, review them, and then issue a final rule with its own effective date. That process generally takes months. Until a final rule takes effect, PERM cases continue under the current regulations, which employers and their counsel know well.
In green card sponsorship, predictability has real value. Recruitment timelines, prevailing wage requests, and the steps that follow all depend on knowing the rules that apply. Employers that already plan to sponsor employees through PERM in 2027 should consider starting those cases now, while the current framework still governs.
Practical Steps for Employers
Identify the employees you expect to sponsor over the next year and review where each case stands. Start prevailing wage requests and recruitment planning for those cases sooner rather than later. Review how your PERM recruitment compares with your normal hiring, since recent enforcement actions have focused on that gap. Keep complete records of every recruitment step, every applicant, and the reason each applicant was not hired.
Frequently Asked Questions
Has the new PERM rule been published?
Not yet. It cleared White House review on October 23, 2026, and publication in the Federal Register is the next step.
Does the proposal change PERM rules now?
No. A proposed rule has no legal effect. Current PERM rules apply until a final rule takes effect.
Will cases filed before the final rule be affected?
That is not yet known. It will depend on the final rule and any transition provisions it includes.
Can employers comment on the proposal?
Yes. Once the proposal is published, DOL will accept public comments for the period stated in the Federal Register notice.
Should we wait to see the rule before starting PERM cases?
Employers already planning 2027 PERM cases may benefit from starting them now, under rules that are known. Each case should be reviewed with counsel.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ & B Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.