PERM Reform Clears White House Review: What Green Card Applicants Should Know
The Department of Labor’s proposed PERM overhaul cleared review by the White House Office of Information and Regulatory Affairs (OIRA) on October 23, 2026, according to the official record. DOL submitted the proposal for review on September 14.
As of October 27, DOL has not published the proposed rule. Employers and workers should continue to follow the current PERM requirements while they wait for the text and public comment period.
What Could the 2026 PERM Reform Change?
PERM labor certification is generally required before an employer can file an immigrant petition in an EB-2 or EB-3 case. Employers must test the U.S. labor market, and DOL must determine that qualified U.S. workers are unavailable and that hiring the foreign worker would not adversely affect wages and working conditions for similarly employed workers.
The PERM regulations have not had a comprehensive update since 2004. DOL’s regulatory agenda points to three areas for review:
Area | DOL’s stated focus |
Recruitment | Minimum standards for recruiting qualified U.S. workers |
Layoffs | Protections for U.S. workers affected by layoffs |
Employer compliance | Fair recruitment and hiring practices, and record retention |
The agenda outlines DOL’s priorities, but it does not provide the proposed requirements. It also does not say how a future rule would treat recruitment already underway or applications already filed.
ARCFE covered the proposal while OIRA review was pending. The October 23 conclusion is the latest procedural development.
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Talk with iCross × ARCFE about EB-5 project options and the investment process. For immigration advice about an individual case, consult a qualified U.S. immigration attorney.
What Should Applicants Do Now?
Employers can continue preparing and filing PERM applications under today’s rules. Workers with recruitment underway or an application pending should check the case timeline and supporting records with their employer and immigration counsel. Any new requirements, effective date or transition period will become clearer when DOL publishes the proposal.
Families exploring a path outside an employer’s PERM process may also consider EB-5, if it fits their finances and long-term plans. EB-5 does not require employer sponsorship, but investors must meet separate investment, lawful-source-of-funds, job-creation and visa-availability requirements.
iCross × ARCFE will follow the proposed rule and share developments relevant to EB-5 investors and families planning permanent residence in the United States.
Cover illustration: ARCFE. Official record screenshots: RegInfo.gov.
This article is for general information and does not constitute legal, immigration, tax or investment advice. The PERM proposal has not taken effect. Consult a qualified U.S. immigration attorney about an individual case.
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