A proposed overhaul of the PERM labor certification program — the employer step at the heart of most EB-2 and EB-3 green card cases — has cleared White House review, according to an Envoy Global alert reported October 26. Bloomberg Law reported the regulatory review cleared on October 23.
The Department of Labor says the proposal would modernize the labor market test employers must run, strengthen safeguards for U.S. workers, and update employer compliance. Areas it may touch include minimum recruitment standards, rules tied to layoffs of U.S. workers, non-discrimination compliance, record retention, and recruitment methods that reflect current technology. It would be the first comprehensive PERM update since 2004.
Why it matters — and what has not happened: the text is still confidential and nothing has changed in current PERM practice. Publication in the Federal Register comes next, followed by a 30- or 60-day comment period before any final rule. Employers and workers with cases in preparation should watch for the published text rather than acting on summaries. This is general information, not legal advice. Flagged for human review: consequential immigration item — proposal only, not enacted policy.
