The proposal could affect employers seeking employment-based green cards for foreign professionals, as PERM serves as the required labor certification process in many cases. While the administration has outlined its objectives, the specific regulatory language has not yet been released.
The planned update comes as the administration continues broader efforts to reshape legal immigration programs alongside its enforcement policies targeting unauthorized immigration. According to the Department of Labor’s regulatory agenda, the agency believes the existing PERM framework has not been substantially updated since 2004 despite significant changes in recruitment practices and the labor market.
Labor Department Targets Modernization of the PERM Process
Under the current PERM system, employers generally must demonstrate that no qualified, willing, and available U.S. workers can fill a position before sponsoring a foreign national for permanent employment. Employers are also required to show that hiring a foreign worker would not negatively affect the wages or working conditions of similarly employed U.S. workers.
According to Newsweek, employers typically complete several recruitment steps before filing a PERM application. These include obtaining a prevailing wage determination, placing mandatory job advertisements, posting an internal workplace notice, listing the position with the appropriate State Workforce Agency, and, for professional occupations, completing at least three additional recruitment activities such as online job postings, campus recruiting, job fairs, or postings on employer websites.
Employers must also review applications received during the recruitment process in good faith and document why any U.S. applicants were determined not to be qualified for the position.
The Department of Labor has indicated that it intends to modernize the standards and procedures governing PERM applications. According to the department’s regulatory agenda, the planned reforms would strengthen recruitment requirements, expand protections for U.S. workers affected by layoffs, and improve employer compliance with hiring rules.
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Details Remain Pending as Employers Await Proposed Regulations
Although the administration has announced its intention to revise the PERM framework, it has not yet published draft regulations describing how the new requirements would operate. According to the Department of Labor’s agenda, officials plan to revisit the labor-market testing requirements that form the foundation of the certification process.
Newsweek reported that potential changes could involve stricter documentation standards, expanded recruitment obligations, greater scrutiny of employer hiring efforts, or additional safeguards intended to ensure that U.S. workers receive priority consideration before permanent positions are offered to foreign nationals. The publication also noted that the final details remain unknown until a proposed rule is formally released.
The proposed PERM revisions are part of a wider effort by the administration to reshape legal immigration pathways. According to Newsweek, administration officials have already pursued changes affecting the H-1B visa program for specialty occupations and have proposed higher wage requirements in some foreign worker programs.
The regulatory agenda has drawn attention from employers and immigration attorneys who are monitoring the rulemaking process closely. Because PERM serves as the starting point for many employment-based green card applications, any revisions to recruitment standards or employer obligations could alter how businesses pursue permanent residency sponsorship for foreign workers once the proposed regulations are published.
