The U.S. Department of Labor (DOL) has indicated, through its regulatory agenda, that it intends to introduce changes to the PERM labor certification process, potentially marking the most significant update to the system in over two decades. While no formal proposed rule has been issued yet, the agency’s plans signal a shift toward updated recruitment standards, increased scrutiny, and stronger protections for U.S. workers.

This article provides a brief overview of the PERM program and outlines what employers should know based on the DOL’s stated regulatory priorities.

A Brief Overview of the Current PERM Labor Certification Process

The PERM labor certification program, implemented in 2005, is the first step for most employment-based green card processes under the EB-2 and EB-3 categories. It requires U.S. employers to test the labor market before sponsoring a foreign national for permanent residence.

To obtain PERM certification, an employer must demonstrate that:

1. There are no able, willing, qualified, and available U.S. workers for the position; and
2. Hiring a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

To meet these requirements, employers must complete a structured recruitment process, which includes:

• Mandatory advertisements (state workforce agency job order and two Sunday newspaper ads)
• Posting notice of the job opportunity for 10 consecutive business days at the location of t employment
• Additional recruitment steps for professional positions
• A 30-day quiet period after recruitment concludes
• Careful review and documentation of all applicants who applied for the job opportunity.

The employer must also maintain detailed recruitment records and be prepared to justify lawful, job-related reasons for rejecting any U.S. applicants. Only after completing the required regulatory recruitment process and concluding that there are no able, willing, qualified, and available U.S. workers for the position may the employer file a PERM application on behalf of the foreign worker.

Notably, the PERM regulations have not been meaningfully updated since their implementation in 2005 (following their publication in 2004), despite significant changes in how employers recruit and hire in today’s labor market.

DOL’s Planned Rulemaking: What We Know So Far

According to the DOL’s Unified Agenda (RIN 1205-AC29), the agency is considering regulatory changes titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program.”

Although still at a preliminary stage and only listed on the regulatory agenda, this entry provides high-level insight into the agency’s direction and priorities. At this point, the DOL has not issued detailed regulatory text, and the agenda itself does not outline specific proposed changes. However, based on the agency’s stated objectives, several key themes emerge:

1. Modernizing Recruitment Practices

One of the main goals of the anticipated changes is to better align PERM recruitment requirements with current hiring practices, taking into account advancements in technology. The existing framework relies heavily on certain outdated recruitment methods, such as print newspaper advertisements, which may no longer reflect how employers recruit today.

The DOL is expected to evaluate whether updates are needed, potentially including:

• Greater emphasis on digital and online recruitment platforms
• Updates to standards for what constitutes sufficient labor market testing, with consideration of how PERM recruitment can better reflect modern recruitment practices and increased use of digital hiring platforms
• More structured or standardized recruitment requirements

These changes could reduce reliance on outdated methods while introducing new compliance considerations.

2. Increased Scrutiny of the Labor Market Test

The DOL has signaled an interest in strengthening how it evaluates whether employers have genuinely tested the U.S. labor market. Potential areas of focus may include:

• More detailed review of recruitment results
• Stricter standards for assessing whether U.S. applicants are qualified
• Increased scrutiny of job requirements to ensure they are not unduly restrictive

Employers may need to provide more detailed documentation to demonstrate that recruitment efforts were conducted in good faith.

3. Enhanced Protections for U.S. Workers

Improving protections for U.S. workers is a key policy objective reflected in the agenda. Based on this objective, anticipated rulemaking may potentially address:

• Strengthening safeguards for U.S. workers impacted by layoffs
• Enhancing employer compliance with program requirements related to non-discriminatory recruitment and hiring practices. The anticipated changes may for example, require employers to more clearly demonstrate that their PERM recruitment process is conducted in a consistent, transparent, and non-discriminatory manner that mirrors their normal recruitment process.

This suggests a heightened focus on ensuring that foreign worker sponsorship does not disadvantage the domestic workforce.

4. Expanded Recordkeeping and Compliance Expectations

The DOL is also expected to evaluate employer documentation and recordkeeping obligations. Possible changes may include:

• More detailed recruitment documentation requirements
• Expanded audit authority or enforcement mechanisms
• Expanded audit requirements to verify that PERM recruitment more closely aligns with employers’ standard or actual recruitment practices, including which recruitment mediums employers choose to use and closer review of how candidates are sourced, evaluated, and documented.
• Increased supervised recruitment triggers

Given the existing audit framework, any additional requirements could further increase compliance obligations.

What Employers Should Do Now

Although formal rules have not yet been proposed, the DOL’s stated priorities suggest that the PERM process may become more rigorous. While awaiting further developments, employers can take proactive steps to prepare:

• Review current PERM recruitment and documentation practices
• Ensure consistency and completeness in recruitment records
• Evaluate how layoffs or workforce changes may impact PERM strategy
• Monitor for the release of a formal proposed rule and comment period

Employers may need to engage earlier in the green card process and coordinate closely with immigration counsel. 

Final Thoughts
The DOL’s regulatory agenda signals a clear intent to modernize the PERM labor certification process and strengthen protections for U.S. workers through stricter compliance standards. While details will not be confirmed until a formal proposed rule is issued, the direction of these changes is evident.

Employers that begin preparing now will be better positioned to adapt to a more structured, compliance-focused PERM environment and minimize disruption to their immigration programs.

By: Krystal Alanis

Krystal Alanis is a Partner at Reddy Neumann Brown PC and serves as the Managing Attorney of the firm’s PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment-based green card matters. With over 14 years of experience, she advises employers and professionals on navigating complex business immigration processes with clarity and confidence. She has managed countless PERM applications across a wide range of industries, enabling her to anticipate challenges early and develop effective, efficient solutions.

Krystal works closely with companies and individuals on PERM, I-140 petitions, and Adjustment of Status applications. She also advises on temporary work visas (e.g. H-1B, TN), helping clients align their immigration strategy with business and career goals.