The Department of Labor (DOL) is preparing the first full overhaul of the PERM process since 2004. The proposal went to White House review on September 14, 2026, but the text hasn’t been published and nothing has changed yet. Until a final rule takes effect, every PERM case follows the current rules. A Des Plaines, IL Green card lawyer can help employers and foreign workers navigate current PERM requirements and prepare for potential changes to the employment based green card process.
Key Takeaways
- No new PERM rule is in effect. The draft hasn’t been released to the public.
- PERM currently takes about 18 to 24 months from start to finish, and there’s no premium processing.
- Enforcement is already tougher. The Department of Justice (DOJ) has settled PERM recruitment cases with OpenAI and Cloudera this year.
- The safest move for employers right now: run PERM recruitment the same way you recruit for any other job.
If you’re waiting on an employer-sponsored green card, or you run PERM cases for your company, you’ve probably heard that big changes are coming. Some of that is true. Some of it is guesswork. This guide separates the two.
What Is PERM and Where Does It Fit in the Green Card Process?
PERM is the first step for most employer-sponsored green cards. The name stands for Program Electronic Review Management. It’s a labor market test: the employer has to show DOL there are no qualified, willing U.S. workers for the job at the required wage.
Most employer-sponsored green cards in the EB-2 and EB-3 categories follow three steps:
- PERM labor certification (DOL). The employer gets a prevailing wage determination, recruits for the job, then files Form ETA-9089.
- Immigrant petition, Form I-140 (USCIS). Once DOL certifies the PERM, the employer files the I-140 with U.S. Citizenship and Immigration Services (USCIS).
- The green card. When the worker’s priority date is current in the Visa Bulletin, they file to adjust status in the U.S. (Form I-485) or go through a consulate abroad.
Some green card routes skip PERM entirely, including EB-1A, EB-1C for multinational managers and the EB-2 National Interest Waiver.
What Is DOL Changing?
DOL is rewriting the PERM rules for the first time in more than 20 years. The proposal is officially titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program” (RIN 1205-AC29).
Here’s where it stands:
- It reached the White House Office of Information and Regulatory Affairs (OIRA) for review on September 14, 2026.
- OIRA marked it “economically significant,” which usually signals major changes.
- DOL’s stated goals are to update an outdated labor market test, strengthen protections for U.S. workers and improve how DOL reviews applications.
What We Know vs. What We Don’t
A lot of what’s being said online about this rule is prediction. Here’s the honest picture.
| What we know | What we don’t know yet |
|---|---|
| The rule (RIN 1205-AC29) has been under White House review since September 14, 2026 | The actual text |
| It’s the first comprehensive PERM rewrite since 2004 | Whether newspaper ad requirements will change or go away |
| DOL wants a modernized labor market test and stronger U.S. worker protections | How cases already in progress will be treated |
| A public comment period will open once it’s published | When it will be published or take effect |
Many practitioners expect more emphasis on online recruitment and better record keeping. That’s reasonable. But until DOL publishes the text, treat any specific change as a guess.
How Long Does PERM Take Right Now?
About 18 to 24 months from the first step to certification, if there’s no audit. Here’s where DOL’s queues stood in early October 2026.
| Stage | Current status |
|---|---|
| Prevailing wage (Form ETA-9141) | DOL was processing June 2026 requests (as of September 30) |
| Recruitment and waiting period | About 60 to 120 days, controlled by the employer |
| DOL analyst review (Form ETA-9089) | Average of 336 days; reviewing December 2025 filings (as of October 5) |
| Audit | Adds several months |
| Premium processing | Not available for PERM |
One timing detail catches people off guard. A prevailing wage determination is valid for 90 days to one year. Recruitment and filing must fit inside that window. Check current queues anytime at DOL’s processing times page.
Why Enforcement Matters More Than the New Rule Right Now
The rule isn’t out yet. Enforcement already is. This year, DOJ has made PERM recruitment a clear priority.
- OpenAI (August 2026). DOJ said the company required U.S. applicants for certain PERM jobs to apply by mail instead of online. The settlement included a $1.2 million penalty and a $2 million back-pay fund.
- Cloudera (October 16, 2026). The settlement brought a two-year PERM debarment and about $2 million in penalties and back pay. DOL had already suspended the company’s PERM processing for 180 days in May.
The common thread: PERM jobs were harder for U.S. workers to find or apply to than the company’s normal openings. Following DOL’s technical steps isn’t enough if the process discourages U.S. applicants.
The simplest test is this: if a U.S. worker wanted the PERM job, could they find it, apply the normal way and get a fair look? If the honest answer is yes, you’re in a strong position.
Should Employers File Before the New Rule?
There’s no guaranteed advantage to rushing. Nobody knows yet how the new rule will treat cases already in progress, and no PERM case can safely skip steps.
That said, cases that are ready shouldn’t wait. A multi-year green card plan doesn’t get easier by sitting still.
Watch one more proposal too. In March 2026, DOL separately proposed raising the prevailing wage levels used for PERM and H-1B. Level I would move from the 17th to the 34th percentile of local wages. The comment period closed on May 26, 2026. It isn’t final.
What Does This Mean for Workers Waiting on a Green Card?
Your case follows today’s rules. Ask your employer or attorney three questions:
- What stage is my case in right now?
- Has the prevailing wage determination been issued?
- Has recruitment started, and when will the PERM be filed?
Also keep an eye on the Visa Bulletin. As of November 2026, EB-2 for most countries is at April 1, 2025. For India, it’s November 1, 2013. Your priority date is usually the date your PERM is filed.
PERM Checklist for Employers (Current Rules)
- Tie every job requirement to a real business need.
- Make PERM job ads match how you advertise other jobs.
- Accept PERM applications the same way you accept all others, including online.
- Keep resumes, interview notes and the reason each applicant was or wasn’t qualified.
- Review recent layoffs in similar roles before you start.
- Watch for the published rule, and read the actual text before changing anything.
Frequently Asked Questions
How long does PERM take in 2026?
About 18 to 24 months from the start of the prevailing wage request to certification, if there’s no audit. DOL’s analyst review alone averaged 336 days as of October 2026.
Is there premium processing for PERM?
No. There’s no paid way to speed up DOL’s review. Premium processing is available later, for the I-140.
Has the new PERM rule taken effect?
No. It’s under White House review, and the text hasn’t been published. All cases follow the current rules.
Will newspaper ads still be required for PERM?
Yes, under current rules. The new rule may change recruitment steps, but nothing is confirmed until DOL publishes it.
Can I change jobs while my PERM is pending?
Usually, a PERM is tied to a specific employer and job. Changing jobs before the I-140 is approved often means starting over. Talk to an attorney before you move.
What happens after PERM is approved?
The employer files Form I-140 with USCIS. Once that’s approved and your priority date is current, you can apply for the green card.
Why are companies being fined over PERM recruitment?
DOJ says some employers made PERM jobs harder for U.S. workers to find or apply to, for example by requiring mailed applications. That can be illegal discrimination even if the DOL steps were followed.
Not Sure Where You Stand?
PERM is changing, and the rules for enforcement already have. Dworsky Law Firm in Northbrook handles PERM and employment-based green cards for employers and professionals in the Chicago area and nationwide.
Book a free 15-minute consultation to review your PERM plans or your green card timeline.
Sources
- OIRA review record for RIN 1205-AC29 (Reginfo.gov)
- DOL Advances Major PERM Overhaul (Badmus & Associates)
- DOL Plans Major Modernization of PERM (DiRaimondo & Schroeder)
- PERM Processing Time and Steps (Kamal Law Firm)
- DOL processing times (FLAG)
- DOJ Settlement Signals Increased Scrutiny of PERM Recruiting (CWC)
- Cloudera Settlement: Two-Year PERM Debarment (Reddy Neumann Brown)
- DOL proposed prevailing wage rule (Federal Register)
- November 2026 Visa Bulletin (Fragomen)
This article is general information, not legal advice. Immigration rules change often. Talk to an attorney about your situation.
