On October 23, 2026, the Office of Management and Budget (OMB) finished reviewing a Department of Labor (DOL) proposal to overhaul the PERM labor certification program. DOL sent the proposed rule to OMB on September 14. OMB cleared it “consistent with change,” which means revisions were made during review, and classified it as economically significant. PERM has not been comprehensively overhauled since the program launched in 2005.
The next step is publication in the Federal Register. No date has been announced, and publication could come at any time. Once the proposal is published, the public will have 30 or 60 days to comment. Until then, the text remains confidential. Current PERM rules stay in effect until DOL publishes and finalizes a rule.
According to DOL’s regulatory agenda, the rule would raise the minimum standards for recruiting qualified U.S. workers in the PERM labor market test. It would also strengthen protections for U.S. workers affected by layoffs and tighten employer compliance with non-discrimination and record retention requirements in recruitment and hiring.
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, it’s particularly critical you get the right advice.