The recruitment and labor market test rules at the heart of the PERM labor certification process haven’t been overhauled since 2004. That may be about to change.
On July 9, The Department of Labor (DOLl) added a proposed rule to its regulatory agenda: "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program.”
It targets PERM, the labor certification step many employers must clear before sponsoring a foreign worker for a Green Card in the EB-2 and EB-3 categories. DOL plans to publish a proposed rule sometime in July.
What is PERM? PERM is the process requiring an employer to test the U.S. labor market before sponsoring a foreign worker for permanent residence. The employer runs a required recruitment test and attest that no qualified, willing, and available U.S. worker was found for the role.
What could change?
According to the agenda abstract, DOL says it wants to:
- Modernize the minimum standards for recruiting qualified U.S. workers.
- Strengthen safeguards for U.S. workers affected by layoffs.
- Enhance employer compliance with non-discriminatory recruitment and hiring practices, and with recordkeeping requirements.
This abstract indicates the direction DOL wants to take, but the actual provisions won’t be known until the proposed rule is published.
Note: This is separate from the prevailing wage proposal DOL issued in March 2026. That rule addresses how wages are calculated, not recruitment.
What happens next?
DOL expects to publish the proposed rule this month. A public comment period will follow, giving employers and the public a chance to weigh in before any final rule takes effect.
About the Author
Senior Staff Writer
Myles Ma is a veteran editor and journalist who has spent his career untangling complicated, sometimes unpleasant topics to help readers make smarter decisions. His reporting and insights have been featured in major outlets including the Washington Post, PBS, and CNBC.
Read bioReviewed By
Princ. Immigration Attorney
Nicole is the founding legal architect and an immigration attorney with extensive experience across extraordinary ability, employment-based, and investment visas. As the founding legal architect, Nicole helped shape the engine of Manifest Law to serve our clients as effectively and strategically as possible.
Read bioShare this article:
