US Eyes New PERM Rules
The US is considering new PERM rules that could change labor certification requirements for foreign workers seeking US permanent residency.
New PERM Rules Proposed: What Green Card Applicants Should Know?
The US Department of Labor (DOL) is considering changes to the Permanent Labor Certification, or PERM, process used by employers to sponsor foreign workers for employment-based Green Cards.
The proposal was sent to the White House Office of Information and Regulatory Affairs (OIRA) on September 14, 2026, for review. Importantly, the new PERM rules are not yet final and have not changed the current process.
What Could Change Under the New PERM Rules?
The proposed changes would update how employers conduct recruitment and demonstrate that hiring a foreign worker will not negatively affect US workers.
The DOL is also considering stronger protections for workers affected by layoffs and updated requirements around recruitment, documentation and recordkeeping.
How Could the PERM Rules Affect Green Card Sponsorship?
The PERM labor certification process is an important step in many employer-sponsored US permanent residency cases.
Under the proposed framework, employers could face updated requirements when preparing labor certification applications.
This could be relevant to foreign professionals planning a United States Green Card, particularly those whose cases depend on employer sponsorship.
What Does This Mean for H-1B and EB-2 Applicants?
Many H-1B professionals use employer sponsorship when pursuing permanent residency. For workers comparing H1B vs green card pathways, developments affecting PERM could become relevant to their long-term plans.
The proposal may also be relevant to professionals researching EB 2 visa requirements, although it does not itself change current EB-2 eligibility rules.
Applicants should:
- Continue following the existing PERM requirements for green card sponsorship.
- Coordinate with their employer and immigration counsel.
- Avoid making decisions based solely on a proposed rule.
- Monitor future DOL announcements and implementation dates.
Could the Changes Affect Green Card Processing Time?
It is too early to determine whether the proposal would affect green card processing time. Any impact would depend on the final rule and how it is implemented.
For professionals tracking F1 visa processing time, the development is less directly relevant, but students planning an eventual employment-based Green Card should understand how employer-sponsored pathways work.
What Happens Next?
The proposal remains under regulatory review. If it moves forward, the DOL would generally publish a proposed rule and allow public comments before considering a final rule.
Until then, the existing PERM framework remains in effect.
For more updates on PERM Rules and US immigration developments, stay connected with Smart Immigrant.
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Hindustan Times — Green Card plans facing new hurdle? US moves to overhaul rules for sponsoring foreign workers
