A proposed overhaul of the PERM permanent-labor-certification process is now under White House review. On September 14, 2026, the Department of Labor (DOL) submitted a proposed rule, "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program" (RIN 1205-AC29), to the White House's Office of Information and Regulatory Affairs (OIRA) for review.
The proposed regulatory text is currently not publicly available and won't be until OIRA finishes its review and DOL publishes the proposal for public comment. Employees and employers should expect a wait ranging from a few weeks to several months.
Until DOL publishes a proposal, the following distinguishes what the government has publicly identified from what remains unknown.
What did DOL submit to OIRA, and when?
On September 14, 2026, DOL's Employment and Training Administration submitted a proposed PERM rule to the White House's Office of Information and Regulatory Affairs (OIRA) for review.
What is the rule officially titled, and what is its RIN number?
The rule is titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program." Its regulatory identifier is RIN 1205-AC29.
What are DOL's stated objectives for the rule?
DOL's stated objectives are as follows:
- Incorporate modern standards and procedures for recruiting U.S. workers.
- Uphold stronger measures for U.S. workers affected by layoffs.
- Enhance employer compliance with nondiscrimination and recruitment requirements.
- Strengthen record-retention and enforcement mechanisms.
Is the proposed rule's text currently public?
No. The proposed regulatory text is not publicly available. Currently, the record only confirms the rule's title, RIN, and general objectives, and does not present any clear details about its specific mechanics or requirements. OIRA review for the proposed rule is still pending.
What is the rule's regulatory significance classification?
The official record classifies the proposal as "economically significant." That classification matters for 2 reasons:
- It signals the rule is expected to have a substantial economic impact (generally triggering more rigorous cost-benefit analysis under the applicable executive order framework).
- It also means that the rule gets closer scrutiny and potentially a longer, more involved OIRA review, and often a second OIRA review when DOL prepares the final rule after the comment period.
How long does OIRA review typically take for a significant DOL rule, and what's the outer limit with an extension?
Under the normal framework, OIRA has up to 90 calendar days to review a significant rule, with a possible one-time extension of up to 30 additional days. In certain circumstances, the agency head can request additional time beyond that.
Since there is no minimum review period, OIRA can and often does finish the review process sooner too.
Given the September 14, 2026 submission date, what's the range of realistic publication windows (fast, typical, and slow scenarios)?
Publication could occur within weeks, near the end of the initial review period, or later if the proposal is revised, returned, withdrawn, or otherwise delayed. No statutory publication deadline appears in the public OIRA record.
Will OIRA review this rule a second time, and at what stage?
Possibly. The White House describes a common 2-stage review process for significant rules. This includes:
- First review: OIRA reviews the proposed rule (the current stage).
- Second review: OIRA reviews the final rule after DOL considers public comments.
Does current law already permit online recruitment (employer websites, job boards), or is that a new addition being proposed?
The current law already permits it. As per the existing 20 C.F.R. § 656.17, an employer's own website and job-search websites other than the employer's are already listed among the 3 additional recruitment steps an employer can choose from for professional occupations.
The aspect that remains unconfirmed is whether the proposed rule expands, restructures, or adds further modern methods such as social media to the list.
What are the current requirements for advertising content (wage, job description, geographic specificity)?
Here are the requirements as per the current law that employer advertisements must adhere to:
- Identify the employer.
- Inform applicants where or how to submit résumés or apply.
- Describe the vacancy sufficiently to inform U.S. workers about the opportunity.
- Identify the geographic area of employment with enough detail to inform U.S. workers of any travel requirements and likely residence in the area.
- Not state a wage lower than the prevailing wage.
- Avoid listing requirements or duties exceeding those stated on ETA Form 9089.
- Avoid offering less favorable wages or employment terms than those offered to the foreign worker.
For newspaper advertisements, the regulation separately requires identification of the geographic area of employment with enough specificity to apprise U.S. workers of any travel requirements and likely residence in the area.
What must a recruitment report currently contain?
The employer must prepare a recruitment report, signed by the employer or an authorized representative. The report must mention the following details:
- The completed recruitment steps.
- The result of each recruitment step.
- The number of U.S. workers hired, if any.
- The number of U.S. workers rejected, if any.
- The lawful, job-related reason for each rejection category.
DOL's Certifying Officer may also request the résumés or applications of rejected U.S. workers, sorted by the reason for rejection. Besides that, a U.S. worker is considered qualified for the job if they are able to acquire the necessary skills during a reasonable period of on-the-job training. In simple terms, an employer cannot reject a U.S. worker simply for lacking skills that could reasonably be learned on the job.
Do current PERM recruitment rules remain in effect and unchanged while OIRA review is pending?
Submitting a proposed rule to OIRA does not suspend the current law or have any legal effect on existing regulations. The current version of 20 C.F.R. § 656.17, including its newspaper advertising requirements, SWA job order, additional recruitment steps (which still include radio/TV and mail-based methods as permissible options), and all other current provisions remain in full force. Nothing pertaining to the law will change until DOL publishes a final rule, which will still take months at the earliest.
Until the final rule appears, employers must comply with the current PERM recruitment rules.
What we have to say
Currently, the PERM recruitment rules remain in full effect, and employers must comply with them instead of relying solely on predictions.
