Status as of October 27, 2026: A proposed PERM rule cleared White House regulatory review. It has not taken effect.
The Department of Labor's proposed overhaul of the PERM labor certification process cleared review by the White House Office of Information and Regulatory Affairs on October 23, 2026. The official record lists the outcome as “Consistent with Change.” That is a step toward publishing a proposed rule, not a change to the rules employers must follow today.
What is being considered?
PERM is a labor certification process used in many employer-sponsored EB-2 and EB-3 green card cases. According to the Department of Labor's regulatory agenda, the agency intends to modernize recruitment requirements, improve protections for U.S. workers affected by layoffs, and strengthen nondiscrimination and recordkeeping standards. The detailed proposal has not yet been published, so its specific requirements cannot be confirmed.
What should applicants do?
Employers and workers should continue following existing PERM requirements. OIRA clearance does not cancel pending cases, establish a new filing deadline, or change anyone's immigration status. The next meaningful development will be publication of the proposed text and an opportunity for public comment. A final rule, if adopted, would require further rulemaking.