DOL plans to update four parts of PERM: which channels employers recruit through, how laid-off U.S. workers are protected, how recruiting discrimination is prevented, and what records must be kept. The proposal went to the White House’s OIRA on September 14 and review finished October 23 with “Consistent with Change,” meaning DOL can publish once it makes the White House’s requested changes. Next, DOL publishes the full proposal in the Federal Register with a public comment deadline.
Who is affected
Workers planning an employer-sponsored green card (including those on H-1B now, or on OPT with an employer promise to sponsor), and the employers filing PERM for them.
Keep in mind
This changes the recruiting and compliance steps at the start of a green card. The H-1B lottery is unchanged, and PERM wage levels are handled by a separate proposal (#06, RIN 1205-AC30).
Next to watch
Date unknown · DOL publishes the formal proposal, with recruiting channels, which cases it covers and a public comment deadline.
Policy background
00 / BACKGROUND
PERM, also called labor certification, is the first step of an employment-based green card. The employer has to recruit publicly through set channels and show it genuinely tried to hire U.S. workers and found no qualified one; only after the Department of Labor approves can it file Form I-140. PERM’s rules are in the federal regulation at 20 CFR 656, largely written in 2005.
DOL listed the reform in the government’s rulemaking plan, aiming to publish a proposal in July. On September 14, 2026 it sent the proposal to the White House’s OIRA for review; on October 23 OIRA finished (review record rrid=1533011) with the conclusion “Consistent with Change.” The full proposal has not been published yet, and the current PERM rules still apply.
Five changes practitioners expect
These five items are predictions by law firms and practitioners based on the government’s plan and recent enforcement; the actual terms will be in DOL’s published proposal. At least three already showed up in the Justice Department’s August 4, 2026 PERM settlement with OpenAI: DOJ found the company did not post PERM jobs on its public careers site, accepted only paper applications by mail and ran late-night radio ads; the settlement requires it to post on its own site and accept online applications.
01
Drop the mandatory newspaper ad
Stop requiring a print advertisement in a local newspaper. Print ads are a holdover from the 2005 rule, and most technical job seekers never see them.
02
Move to modern recruitment channels
Require or allow social media, job boards and other current channels, while dropping outdated ones such as radio and television.
03
Stop requiring mailed resumes
Stop treating “paper applications by mail only” as compliant recruitment, so a physical step does not screen applicants out.
04
Post roles on the company job page
If an employer has its own careers page, PERM roles should appear there, not only in a newspaper or on the state job board.
05
Accept applications through the ATS
If an employer uses an applicant tracking system (ATS, the online system you submit a resume through), applicants should be able to apply through it rather than to a single mailbox or mailing address.
Potential impact
01 / IMPACT
OUR TAKE · ANALYSIS
Green-card sponsorship may take more time on recruiting and records.
Our view: the reform aims to make PERM recruiting look more like how companies really hire. If it goes that way, recruiting channels, how applications are taken and what records are kept may all change, and each case will likely cost employers more time and money; companies with recent layoffs will have more checking to do. The five items below are predictions from law firms and industry; the proposal will have the actual terms.
For employers: more recruiting and recordkeeping
If minimum recruiting and recordkeeping standards go up, companies will need to change their process and keep more evidence. The proposal will spell out which steps and what cost.
For example · Hypothetical
A company is preparing PERM for Chen. If the final rule requires fuller recruitment records, HR would need to compile more application and hiring data, and preparation would take longer.
For companies with layoffs: stricter protections for U.S. workers
The plan says protections for laid-off U.S. workers will be stronger. How far back it looks, which jobs count and whether each worker must be notified will be set in the proposal. Companies that had layoffs can still file PERM.
For example · Hypothetical
Lin’s company recently had layoffs and is about to start his PERM. With stronger protections for laid-off workers, the company may have to check related jobs more carefully; the proposal will set the scope.
For H-1B employees: green-card timing could slip
If employer preparation takes longer, the employee’s green-card timeline could shift. Existing H-1B status continues as before.
For example · Hypothetical
Wang is on H-1B and his employer has committed to start his green card this year. If the new rules mean more preparation, the filing could slip; Wang’s H-1B status continues as before.
Outlook
02 / OUTLOOK
OIRA is done; next comes DOL’s formal proposal. Watch for recruiting channels, notice and checks after layoffs, how long records must be kept and how cases already filed are handled.
What happens in each case?
Pick a situation to see what it would mean for you. The three are side-by-side possibilities, in no particular order.
IF THIS HAPPENS A · Review done; proposal pending
Current rules still apply
Assumption: OIRA has finished; DOL has not published the proposal yet.
Potential effects in this scenario
Employers keep preparing cases under current rules.
Signals to watch
Whether DOL and the Federal Register publish the proposal, and what it changes.
These scenarios are our analysis and get updated as new documents come out.
What would change this analysis?
What it covers
PERM labor certification under 20 CFR 656, the first step of an employment-based green card.
Link to H-1B
It mainly affects later employer-sponsored green cards; the H-1B lottery and H-1B status stay the same.
Where it stands
Sent to OIRA September 14 and cleared October 23; next comes the published proposal and comment period.
Progress
03 / Federal rulemaking
OIRA finished reviewing the PERM proposal on October 23, 2026 and cleared it with changes; until the full proposal is published, current rules apply.
Currently waiting for
DOL’s proposal and comment deadline.
Last completed · OIRA review
The White House’s OIRA reviews it before it goes public; publication usually follows soon after.
Key dates
04 / TIMELINE
DOL listed PERM reform in the government’s rulemaking plan, aiming to publish a proposal in July.
DOJ settled with OpenAI over PERM, requiring it to post jobs on its own site and accept online applications.
The proposal went to the White House’s OIRA for review.
OIRA finished review and cleared the proposal once changes are made (Consistent with Change).