A PERM Overhaul Has Cleared the White House — What's Known, What Isn't, and Which Green Card Routes Skip This Stepc

PERM is the gatekeeping step for many employer-sponsored green cards, and it is already one of the slowest. A proposal that reworks how it operates is worth watching. It is also worth reading with care, because at this stage the headline is much larger than the confirmed facts.

What's Been Reported

• OMB has cleared a proposed Department of Labor rule that could significantly update the PERM process.
• It is expected to address recruitment requirements, protections for U.S. workers affected by layoffs, and employer compliance.
• The proposed rule has not yet been published, so its specific requirements are unknown.
• The existing PERM regulations remain in effect.
• Employers are advised to watch for the publication and the public comment period.

What PERM Is and Where It Sits

PERM is the Department of Labor's labor certification program. Before an employer can sponsor most employees for an EB-2 or EB-3 green card, it must show DOL that it tried to hire qualified U.S. workers and could not find any who were willing and able to take the job. The outline below is general, and the details vary by case.

The three topics in the proposal map onto the early steps: recruitment (step 2), layoff-related obligations (also part of recruitment and the application), and compliance (steps 3 and 4). That gives you a rough idea of where an employer might feel changes, but nothing more.

What "Cleared White House Review" Does and Doesn't Mean

Before many significant federal rules are published, they pass through review by OMB's Office of Information and Regulatory Affairs. Clearing that review generally means a rule is closer to publication, but it does not set the publication date, and nothing changes for applicants until a rule is actually issued and takes effect. A proposed rule typically opens a public comment period before any final rule follows, and a final rule has its own effective date. Until then, today's regulations are the rules.

It is also worth remembering that a proposed rule can change between proposal and final form, so the first published text is not the last word.

The Layoff Piece Isn't Entirely New

Current PERM rules already include a layoff-related step: an employer that has laid off U.S. workers in the same or a related occupation within the six months before filing is generally required to notify and consider those workers before certifying that no qualified U.S. worker is available. A proposal that addresses "protections for U.S. workers affected by layoffs" may build on or tighten that framework, though the summary doesn't say how.

It also fits a broader emphasis on layoffs in this year's policy. A September 18 executive order reportedly directs agencies to consider an employer's recent or planned layoffs when reviewing H-1B filings, including a DOL review of previously filed labor condition applications. Whether the PERM proposal is part of the same effort is not something the available reporting says.

What Employers Should Do While They Wait

• Keep following the current rules. Nothing has changed. Cases filed now are governed by the regulations in effect today.
• Keep recruitment records audit-ready. Whatever the rule says, complete, well-organized documentation is the best protection in a DOL review.
• Track your own layoffs. If you have laid off workers in an occupation you plan to sponsor, note the dates and how you handled the affected workers, and raise it with counsel before filing.
• Ask counsel whether timing matters for you. Whether it is better to file before a rule takes effect depends on what the rule says and how it applies to pending cases, which nobody knows yet. Don't rush a case in response to a rumor.
• Watch for publication. The Federal Register and reginfo.gov are the places to check, and the comment period is the employer's one direct chance to weigh in.

What Sponsored Employees Should Do

• Keep your documents and your record in order. Experience letters, degrees, and employment history are needed whatever the rule ends up saying.
• Ask your employer where your case stands and whether any layoff in your department could affect it.
• Don't depend on a single route. PERM adds a step that sits entirely in your employer's hands, which is a good reason to look at whether another route exists for you.

Routes That Skip PERM Entirely

Not every green card category involves labor certification. The EB-2 National Interest Waiver exists to waive the job offer and labor certification requirements for people whose work meets the three-prong standard of Matter of Dhanasar, and the EB-1A category for extraordinary ability does not require PERM or an employer sponsor at all. O-1 is a nonimmigrant status with no labor certification. For people with a strong professional or research record, those routes depend on the record and the plan instead of on an employer's recruitment, so a change in PERM rules does not touch them.