DOJ and DOL PERM enforcement has substantially increased this fall. On October 8th, 2026, the U.S. Department of Labor (DOL) suspended PERM filings for eight major tech employers. All new filings from these employers are on hold. In addition, the Department of Justice has filed several suits regarding citizenship discrimination and PERM recruitment.
Learning how to comply with current guidelines is important for employers, even when they don’t affect them directly. Regulators are scrutinizing the recruitment process beyond posting advertisements. Many companies are currently auditing their PERM recruitment.
What to know about PERM Recruitment
You can take steps to ensure your company follows federal requirements when conducting recruitment.
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Audit your normal recruitment process and your PERM recruitment Process
- Are there any discrepancies in how candidates can apply (e.g., different inboxes or only by mail)? A separate process is not illegal on its own but must have a business justification. The DOJ has deemed having a separate or more difficult application process to deter US workers from applying to the job.
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Test all channels used to accept Applications
- Make sure that your advertising contact information is valid. (Emails, website link to careers page, mailing address, phone number, etc.) When you test these channels, keep records of the results.
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Give U.S. applicants real Consideration
- Review if they meet the minimum job requirements. Do not compare them to your alien’s resume. In most cases, if a U.S. worker can learn the skills with a reasonable amount of on-the-job training, they will qualify.
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Make note of each person denied and Why
- DOL will want specific reasons why you did not hire each rejected U.S. worker. Each US worker rejection must have a reason. “Not a good fit” is not a good reason; however, if the rejected person doesn’t have Java experience listed as a requirement in your job postings, that’s a plausible reason.
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Maintain Documentation
- You must maintain your PERM file for 5 years after filing. This includes ads, resumes, interview notes, communications with candidates, and your channel testing. Some employers keep these files longer. With the recent scrutiny, we recommend keeping them longer.
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Educate those involved in Recruitment
- Team members who interact with applicants should know how to conduct the recruitment process properly. Never tell candidates that a position has been filled or discourage them from applying. Route applicants’ resumes to the proper individual.
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Review your job Postings
- Your job postings should not show preference for visa holders. Under federal law, you cannot discriminate against U.S. citizens or other protected U.S. workers (permanent residents, refugees, asylees, etc.) because of their citizenship status.
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Work as a Team
- HR and hiring managers should all work together to conduct recruitment. Create a written process and communicate it to everyone involved to ensure the recruitment process is conducted properly.
What This Means for Employers
There’s no foolproof way to avoid getting flagged. If your process mirrors how you normally recruit and is well documented, you will be in a better situation if DOL/DOJ comes calling. As DOL continues to change its focus and update its rules, it is wise to audit your process from time to time. Following these steps is the best way for employers to prevent a PERM suspension.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, you must get the right advice.