DOL PERM Proposal Clears White House Review, Not Yet in Effect

by Niloofar Rahimi Zadeh updated on Oct 29, 2026 04:38:42 PM

The U.S. Department of Labor’s proposed overhaul of the PERM permanent labor certification process completed White House regulatory review on October 23, 2026. The proposal could eventually change how employers recruit U.S. workers, address recent layoffs, document hiring decisions, and sponsor foreign professionals for employment-based green cards.

However, no new PERM requirements are currently in effect. As of October 29, 2026, the proposal has not been published in the Federal Register, its detailed text is not publicly available, and no public comment period has opened. (reginfo.gov)

What Happened to the 2026 PERM Proposal?

The Department of Labor sent the proposed rule to the Office of Information and Regulatory Affairs (OIRA) on September 14, 2026. OIRA concluded its review on October 23 with the result “Consistent with Change.” The rule remains classified as a proposed rule—not a final or effective regulation. (reginfo.gov)

The proposal is officially titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program” and is identified as RIN 1205-AC29.

Completing OIRA review allows the rulemaking to move closer to publication, but it does not reveal what specific regulatory language DOL will propose. The official record currently provides no Federal Register publication date.

Readers can review our earlier explanation of the broader initiative in DOL Plans PERM Rule Changes in 2026.

What Could the Proposed PERM Rule Change?

DOL’s regulatory agenda identifies four general areas the agency plans to address:

Minimum standards for recruiting qualified U.S. workers
Protections for U.S. workers affected by layoffs
Nondiscriminatory recruitment and hiring practices
Employer record-retention requirements

DOL says the PERM regulations have not been comprehensively updated since 2004, even as technology and employer recruitment practices have changed. The agency intends to develop a labor certification process that better reflects current labor-market conditions. (reginfo.gov)

The agenda does not disclose whether DOL will eliminate newspaper advertising, require additional online recruitment, expand the current layoff review period, or lengthen document-retention requirements. Those details cannot be confirmed until the proposed rule is published.

Do Current PERM Cases Have to Follow New Rules?

No. Employers must continue following the existing PERM regulations unless and until DOL publishes and finalizes a rule with an effective date.

Under the current rules for professional positions, mandatory recruitment generally includes a 30-day State Workforce Agency job order and two Sunday newspaper advertisements. Employers must also select three additional recruitment methods from the alternatives listed in the regulations. Most mandatory recruitment must occur at least 30 days—but no more than 180 days—before filing Form ETA-9089. (ecfr.gov)

Current regulations also provide that:

U.S. applicants must be rejected only for lawful, job-related reasons.
Employers must prepare a recruitment report.
If certain related layoffs occurred within six months before filing, the employer must notify and consider potentially qualified laid-off U.S. workers.
PERM applications and supporting documents generally must be retained for five years from filing. (ecfr.gov)

Employers with recruitment underway should consult their immigration counsel before changing timelines based on an unpublished proposal.

What This Means for F-1, OPT and H-1B Workers

The proposal does not directly change F-1 status, Curricular Practical Training (CPT), Optional Practical Training (OPT), STEM OPT, or H-1B employment authorization.

Its potential impact is on the employment-based green card process. PERM is commonly required when an employer sponsors a worker in the EB-2 or EB-3 categories. After receiving an approved labor certification, the employer generally proceeds to the Form I-140 immigrant petition stage.

International students do not necessarily need H-1B status before an employer begins green card sponsorship. However, a PERM filing or approved Form I-140 does not independently extend F-1 status, OPT, STEM OPT, or another temporary work authorization. Our guide to companies that begin green card sponsorship early explains this distinction in more detail.

Workers should continue monitoring their temporary status and employment authorization separately from the employer’s PERM process.

What Happens Next?

The next major step would be publication of a Notice of Proposed Rulemaking in the Federal Register. That document should disclose the proposed regulatory text, DOL’s explanation of the changes, and the deadline for public comments.

After reviewing public comments, DOL could revise the proposal, issue a final rule, delay further action, or withdraw the initiative. Even if a final rule is eventually published, it would not become enforceable before its stated effective date.

For now, the practical takeaway is straightforward: the PERM modernization proposal has advanced, but the existing rules remain in place.

Frequently Asked Questions

Is the new PERM rule effective now?

No. OIRA completed its review on October 23, 2026, but DOL has not published the proposed rule in the Federal Register. A proposal must still be published, opened for public comment, and finalized before new requirements can take effect.

Will the proposal eliminate newspaper advertisements for PERM?

That is not yet known. Existing regulations generally require two Sunday newspaper advertisements for professional positions, but the unpublished proposal’s exact recruitment requirements have not been released.

Does the proposal affect pending PERM applications?

No immediate change has been announced for pending applications. Current PERM regulations continue to apply. Whether a future final rule would include transition provisions for pending cases cannot be determined until DOL publishes the proposal and later finalizes any changes.

Does this change CPT, OPT or H-1B rules?

No. The rulemaking concerns permanent labor certification and does not directly amend CPT, OPT, STEM OPT, or H-1B requirements. Those workers could nevertheless be affected later if their employers use PERM to sponsor them for permanent residence.

Should an employer delay a PERM filing until the proposal is published?

There is no universal answer. Delaying a case can affect recruitment validity, priority-date planning, and a worker’s long-term immigration timeline. Employers and workers should discuss the specific filing stage and relevant deadlines with the employer’s immigration counsel.

Sources:

Topics: Perm

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