DOL Signals Plans to Modernize the PERM Labor Certification Program: Key Takeaways for Employers

By: Sreelatha Babu | July 9, 2026

The U.S. Department of Labor (DOL) has identified modernization of the PERM labor certification program as a regulatory priority in the Spring 2026 Unified Agenda of Federal Regulatory and Deregulatory Actions, released on July 3, 2026. While the Unified Agenda itself does not change existing regulations, it signals the DOL’s intent to initiate rulemaking that could result in the most significant updates to the PERM program in more than two decades.

The DOL's regulatory agenda includes a proposed rule titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program." According to the agency, the current PERM regulations have remained largely unchanged for more than 20 years despite significant changes in labor market conditions, recruitment practices, and technology.

The proposed rule is expected to advance the following key objectives:

• Modernize the PERM labor market test by updating recruitment and labor certification requirements to better reflect today's hiring practices, labor market conditions, and technological advancements.
• Strengthen protections for U.S. workers by ensuring that the PERM process continues to safeguard the domestic workforce while balancing employers' need to recruit qualified foreign talent.
• Update the existing regulatory framework to improve the administration and integrity of the PERM program, recognizing that the current regulations no longer fully align with the modern employment landscape.

Although DOL has not yet published the text of the proposed rule, employers can expect that the agency will evaluate various aspects of the PERM process as part of this modernization effort. Potential areas of review may include recruitment procedures, employer compliance obligations, documentation and recordkeeping requirements, and other measures intended to enhance program integrity and reflect current labor market realities.

At this stage, these are policy objectives rather than finalized regulatory changes. The Unified Agenda serves as a roadmap for anticipated rulemaking and does not alter the existing PERM requirements. Employers should continue to comply with the current regulations until the DOL issues a proposed rule and completes the formal notice-and-comment rulemaking process.

What Employers Should Know

The PERM labor certification process remains a critical component of many employment-based permanent residence sponsorships. Any future changes to recruitment requirements, compliance obligations, or documentation standards could have a meaningful impact on employers sponsoring foreign national employees for permanent residence.

While the scope and timing of the proposed rule remain uncertain, employers should closely monitor these developments and be prepared to assess their PERM strategies as additional details become available. Chugh LLP will continue to monitor DOL’s rulemaking efforts and provide updates as further information is released.

For any questions or assistance, please contact your trusted Chugh, LLP immigration professional.

Source: U.S. Department of Labor, Spring 2026 Unified Agenda of Federal Regulatory and Deregulatory Actions (RIN 1205-AC25)