PERM Reform Under White House Review: What EB-2 and EB-3 Applicants Should Know
Updated: 19 hours ago
On September 14, 2026, the U.S. Department of Labor (DOL) submitted a proposed PERM reform rule to the White House Office of Information and Regulatory Affairs (OIRA) for review.
As of September 28, the OIRA record still lists the proposal as pending. Its full text has not been released, and current PERM requirements remain in effect.
Why PERM Matters
For most employer-sponsored EB-2 and EB-3 green card cases, the employer must obtain a PERM labor certification before filing an immigrant petition.
The process requires the employer to test the U.S. labor market for qualified, available workers. DOL must also determine that hiring the foreign worker would not adversely affect the wages and working conditions of similarly employed U.S. workers.
The PERM regulations have not been comprehensively updated since 2004. Recruitment practices have changed considerably since then, which is one reason DOL is revisiting the process.
Families comparing immigration routes can also learn how the EB-5 program works while following this proposal.
What Could Change Under PERM Reform?
DOL’s public agenda summary identifies three areas of focus:
Recruitment: Updating standards for finding qualified U.S. workers.
Layoffs: Strengthening protections for U.S. workers affected by an employer’s layoffs.
Compliance: Reviewing nondiscriminatory hiring practices and recordkeeping requirements.
These are proposed directions, not new filing instructions. The details will become clear only when DOL publishes the proposed rule.
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What Should EB-2 and EB-3 Applicants Do Now?
Employers and applicants can continue preparing and filing PERM cases under existing rules. There is no announced requirement to restart a case because of this proposal.
For applicants born in India, PERM processing is only one part of the timeline. EB-2 and EB-3 visa availability is a separate issue governed by the monthly Visa Bulletin. Employers and applicants should review both timelines with immigration counsel rather than make decisions based on an unpublished rule.
Where EB-5 May Fit
For families with qualifying capital and long-term U.S. plans, EB-5 offers a potential permanent residence path that does not require an employer sponsor or PERM certification.
Some eligible applicants already in the United States may file Form I-526E and Form I-485 concurrently when a visa is available and they otherwise qualify. They may also apply for employment authorization and advance parole. Filing does not itself grant work or travel permission, and eligibility and processing times vary. ARCFE’s concurrent filing guide explains the requirements.
Recent ARCFE EB-5 Principal Repayment Highlights
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Considering EB-5 for Your Family?
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