The rules governing how U.S. employers sponsor foreign professionals for permanent residency could be headed for a major overhaul.*
On October 23, 2026, the U.S. Department of Labor’s proposed PERM modernization rule officially cleared White House regulatory review, bringing the possibility of significant changes to employment-based immigration one step closer.
Why is this a big deal?
The PERM labor certification process has not undergone a comprehensive regulatory overhaul since 2004.
Now, the Department of Labor is preparing to revisit key aspects of the system, including:
🔹 Recruitment: New standards for how employers recruit and evaluate qualified U.S. workers.
🔹 Worker Protections: Stronger safeguards involving layoffs and the protection of American workers.
🔹 Employer Compliance: Potentially stricter requirements for nondiscriminatory recruitment, hiring practices, and record retention.
⚠️ WHAT COULD THIS MEAN FOR EMPLOYERS AND FOREIGN PROFESSIONALS?
For companies sponsoring foreign talent through the PERM process, the potential implications are significant.
Changes could reshape recruitment procedures, increase compliance responsibilities, and affect how employers approach employment-based green card sponsorship.
However, the most important point is this: THE RULES HAVE NOT CHANGED YET.
The proposed regulation has cleared White House review, but its full text has not been released. Existing PERM regulations remain in effect.
The question is no longer whether the Department of Labor is pursuing PERM reform. It is how far those reforms will go.
After more than two decades, the PERM system could be entering a new era.
Employers, foreign professionals, and immigration practitioners should be paying close attention.
Official Department of Labor regulatory information:
https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202510&RIN=1205-AC29