DOL Advances PERM Labor Certification Modernization Proposal

• The Office of Management and Budget has cleared a U.S. Department of Labor proposed rule that could significantly update the PERM labor certification process.

PERM Labor Certification Modernization Proposal

The Office of Management and Budget (OMB) has cleared a proposed U.S. Department of Labor (DOL) regulation that would revise several aspects of the PERM labor certification program, a key component of the employment-based green card process. The proposal would mark the first comprehensive update to PERM regulations since 2004 and is expected to move next to publication in the Federal Register for public comment.  

According to DOL, the proposal would modernize the labor market test used in PERM cases and strengthen safeguards for U.S. workers while updating employer compliance requirements. The contents of the rule remain confidential until publication in the Federal Register.  

Potential PERM Program Changes 

While the full text of the proposed rule has not yet been released, DOL has indicated that it may: 

• Revise minimum standards for recruiting qualified U.S. workers as part of the PERM labor market test.  
• Strengthen requirements related to layoffs affecting U.S. workers.  
• Enhance employer compliance with non-discrimination requirements in recruitment and hiring.  
• Update record retention and other employer compliance obligations.  
• Modernize recruitment procedures to better reflect current technology and labor market practices.