DOL proposal to modernize PERM labor certification clears OIRA review
Key points
- OIRA cleared DOL's PERM modernization proposal (RIN 1205-AC29) on October 23
- The proposal would raise recruitment standards for qualified U.S. workers and strengthen protections for those affected by layoffs
- PERM has had no major update since 2004; the proposed rule has not yet been published
On October 23, 2026, the Office of Information and Regulatory Affairs (OIRA) cleared a Department of Labor (DOL) proposal (RIN 1205-AC29) to modernize the PERM labor certification process. A proposed rule may be published later, followed by a notice-and-comment period. PERM has had no significant update since 2004. According to DOL, the proposal will raise minimum standards for recruiting qualified U.S. workers, strengthen safeguards for U.S. workers affected by layoffs, and improve nondiscriminatory recruitment and recordkeeping compliance.
What employers should do
- Monitor the publication of the PERM proposed rule and the notice-and-comment schedule, and review current recruitment and recordkeeping processes
Policy details
- Jurisdiction
- Federal
- Status
- Proposed rule
- Effective date
- —
- Employers covered
- US employers sponsoring foreign workers via PERM labor certification
- Official source
- Official source pending
Original report: Immigration Blog ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.