New PERM Rule 2026: DOL's Labor Market Test Proposal Cleared White House Review. Here's What Is Known
DOL's proposal to modernize the PERM labor market test cleared White House review on October 23, 2026, yet no text is public, no comment period is open, and your case still runs on today's rules.
Part of our guide to PERM labor certification.
Status as of November 1, 2026: there is no new PERM rule in 2026 yet. The Department of Labor's proposed rule to modernize the PERM "labor market test" (RIN 1205-AC29) cleared White House review on October 23, 2026, and has not been published. It has no public text, no comment period and no effective date. Every PERM case, yours included, still runs under the current recruitment rules at 20 CFR 656.17. DOL's separate prevailing-wage proposal (RIN 1205-AC30), published in March 2026, is also still only proposed.
If you are on H-1B with a PERM in recruitment or pending at DOL, this proposal changes nothing in your case today. Here is what is on the public record, how the rulemaking would unfold, and what you would see first.
New PERM rule 2026: what is true right now
As of November 1, 2026, DOL's PERM labor-market-test proposal (RIN 1205-AC29) is a cleared but unpublished draft. The White House regulatory office finished reviewing it on October 23, 2026. It has no public text, no comment period and no legal effect. PERM recruitment, filing and DOL review continue under 20 CFR 656.10 and 656.17.
The government has published two records on it. The first, OIRA's list of reviews completed in the last 30 days shows:
- Title: "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program (NPRM)"
- Stage: Proposed Rule (an NPRM, or notice of proposed rulemaking)
- Received by OIRA: 2026-09-14. Review concluded: 2026-10-23, after 39 days (our arithmetic)
- Decision: "Consistent with Change"
- Major: Yes. Economically significant: No. Legal deadline: None
- Date published: blank
We also checked the Federal Register's public inspection list on 2026-11-01. None of the documents filed there for publication on 2026-11-02 or 11-03 came from the Labor Department.
What DOL says the PERM proposal will do
DOL has described the proposal in one place: its Unified Agenda entry for RIN 1205-AC29. The entry, from DOL's Employment and Training Administration, cites 20 CFR 656 and, as legal authority, 8 U.S.C. 1182(a)(5)(A) and 1182(p)(1). Its abstract gives the reason in one line:
"The regulations governing the PERM process have not been comprehensively modified since 2004."
It then says DOL will modernize the program "by improving the minimum standards for recruiting qualified U.S. workers, strengthening safeguards for U.S. Workers impacted by layoffs, and enhancing employer compliance with program requirements related to non-discriminatory recruitment and hiring practices, and record retention requirements."
That is the whole public description: three areas and no specific requirement.
What is not known yet
- Which recruitment steps would be added, changed or removed. No public document says whether any particular step, print advertising included, would change.
- How the layoff safeguards would work, or how far back they would look.
- How a final rule would treat cases already in recruitment, already filed or already certified.
- How long the comment period will be, and what DOL estimates the rule will cost employers.
Two details on the record are easy to misread. The agenda entry listed the proposal for July 2026, a target that has already passed. And the agenda marked "Major" as undetermined, while OIRA's completed-review record now says Major: Yes.
What does "cleared OIRA" mean?
OIRA is the Office of Information and Regulatory Affairs inside the White House Office of Management and Budget. In its own words, from its frequently asked questions: "Executive Order 12866 assigns OIRA the responsibility of coordinating interagency Executive Branch review of significant regulations before publication." Clearance means the draft can now go to the Federal Register. It is not publication, it opens no comment period, and it does not create a rule.
The decision label "Consistent with Change" is generally read to mean the draft was changed during review. reginfo.gov's FAQ does not define it, and the record does not say what changed.
The "Major" flag is the Congressional Review Act category, and it matters at the final-rule stage. Under 5 U.S.C. 801(a)(3), a major rule generally takes effect no earlier than 60 days after the later of Congress receiving it or its Federal Register publication. The flag on the proposal does not fix how a final rule will be classified, but it suggests more than a technical update (our reading).
When will the PERM proposal be published?
No date has been announced. DOL can send the cleared draft to the Federal Register at any time. When it does, the document will first appear on the public inspection list shortly before official publication.
Publication is only the third of seven stages. A rule can stall at any of them, and only the last one touches your case.
Table: the path from a cleared proposal to a rule that affects a PERM case, status as of 2026-11-01.
| Stage | Status on 2026-11-01 | What you would see | Does it change your case? |
|---|---|---|---|
| 1. OIRA review of the proposal | Done (2026-09-14 to 2026-10-23) | A completed-review entry on reginfo.gov | No |
| 2. Public inspection | Not yet | A DOL document on the Federal Register's public inspection list | No |
| 3. Proposal published, comments open | Not yet | A Federal Register NPRM with a docket number and comment deadline | No. A proposal is not law |
| 4. Comment review, final drafting | Not started | Usually nothing public, often for months | No |
| 5. OIRA review of the final rule | Not started | A new reginfo.gov entry at the Final Rule stage | No |
| 6. Final rule published | Not started | A Federal Register rule with an effective date and coverage terms | Not until its effective date |
| 7. Effective date | Not set | For a major rule, generally 60+ days after the later of publication or receipt by Congress | Yes, for the cases its text covers |
For a sense of speed, DOL's prevailing-wage NPRM (RIN 1205-AC30), published on March 27, 2026, is still proposed more than seven months later, with no final rule and nothing at OIRA. Our explainer on how the prevailing-wage proposal could affect a PERM case covers that separate rule.
Does the new PERM rule affect my pending PERM?
Not as of November 1, 2026. An unpublished proposal has no legal effect, and a published one still changes nothing until a final rule takes effect. Whether a final rule would reach cases already in recruitment or already filed depends on wording that is not public.
A proposal also cannot move a priority date you already have. Under 8 CFR 204.5(d), the priority date is the date "the labor certification application was accepted for processing by any office of the Department of Labor."
Table: what governs each PERM stage today, as of 2026-11.
| Your stage | What governs it today | When a final rule could matter |
|---|---|---|
| Prevailing wage request (Form ETA-9141) pending | Current wage rules; the wage NPRM is only proposed | Only if a final rule's text reaches pending requests |
| Recruitment under way | 20 CFR 656.17 and 656.10, including the 30-day and 180-day windows | Depends on the final rule's transition terms (unknown) |
| Form ETA-9089 filed, awaiting DOL | Current rules. DOL's FLAG processing times showed analyst review at January 2026 priority dates and a 303-day average (as of 2026-10-21) | Depends on whether the final text covers filed cases |
| Certified; I-140 or I-485 stage | Decided under the rules in force; the employment-based green card stages are USCIS's | Depends on the final text; ask counsel once it exists |
A worked example with real dates
Say your employer placed its State Workforce Agency job order and ran its two Sunday newspaper ads in early September 2026 (September 13 and 20 were Sundays). Under 20 CFR 656.17(e), those mandatory steps must take place at least 30 days and no more than 180 days before filing, so the Form ETA-9089 would have to go in by roughly early March 2027 or the recruitment would have to be redone (our arithmetic; your attorney sets the exact dates).
If DOL publishes the NPRM in the middle of that window, the timeline does not change, because a proposal is not law. Only a final rule in effect before filing, with transition terms covering cases like this one, could change it. As of November 1, 2026, none of that exists.
If your six-year H-1B limit is approaching, the filing date also matters because a one-year AC21 extension generally needs a PERM or I-140 filed at least 365 days earlier (8 CFR 214.2(h)(13)(iii)(D)). Our guide to AC21 portability and H-1B job changes during the green card process explains the rule; how it applies to your dates is a question for your employer's immigration attorney.
What PERM recruitment requires today
Until a final rule takes effect, 20 CFR 656.17 and 656.10 govern your case; DOL's Permanent Labor Certification page is the program's official overview. For a professional occupation, the rules require a 30-day job order with the State Workforce Agency, ads "on two different Sundays in the newspaper of general circulation" for the area, and three more steps from a list of ten (job fairs, the employer's website, a job search website and others). The mandatory steps must fall at least 30 and no more than 180 days before filing. A notice of filing must be posted at the worksite "for at least 10 consecutive business days," also between 30 and 180 days before filing.
The table below is our reading of which current rules DOL's three stated aims touch. It is not a description of the proposed text.
Table: DOL's stated aims mapped to current PERM rules, as of 2026-11.
| DOL's stated aim (agenda wording) | Current rule it touches (our reading) | What that rule requires today |
|---|---|---|
| "minimum standards for recruiting qualified U.S. workers" | 20 CFR 656.17(e) | Job order, two Sunday ads, three additional steps for professional jobs |
| "safeguards for U.S. Workers impacted by layoffs" | 20 CFR 656.17(k) | After a layoff by the employer in the area of intended employment within 6 months of filing, in the occupation or a related one, notify and consider all potentially qualified laid-off U.S. workers |
| "non-discriminatory recruitment and hiring practices" | 20 CFR 656.17(g) | A signed recruitment report listing lawful, job-related reasons for each rejection |
| "record retention requirements" | 20 CFR 656.10(f) | Keep everything for 5 years from filing |
For how recruitment plays out in practice, including why you cannot screen applicants for your own job, see our walkthrough of PERM recruitment and the recruitment report. Our guide to getting a green card on H-1B through PERM covers the full sequence in order.
Will PERM recruitment requirements change?
Possibly. DOL has said it intends to improve the minimum recruiting standards, but no specific change is public, and none can take effect before a final rule does. Plan around the rules in force.
Common misconception: "DOL just released new PERM ad rules," or "PERM recruitment works differently from 2027." Correction (as of 2026-11-01): no proposed text is public; OIRA's record shows review concluded on 2026-10-23 and no publication date. A published proposal would still not be law. Until a final rule takes effect, 20 CFR 656.17 governs.
When the NPRM is published, read these parts first: the coverage or transition provisions (which cases, from what date), the recruitment steps, the layoff look-back, the documentation and retention rules, the comment deadline and the docket number.
How this fits with the other PERM news
The proposal cleared review during an unusually busy autumn for PERM. Keep these items separate:
- PERM suspension of eight employers: in effect as announced on 2026-10-08 (Microsoft, Adobe, Cognizant, Infosys, TCS, Wipro, HCL, Capgemini), with no published notice and no announced end date as of 11-01. Mayer Brown notes that it "does not suspend any employer from the H-1B program." This is enforcement, not rulemaking; our breakdown of the DOL PERM suspension and what it means for H-1B workers covers it.
- Settlements: Cloudera's settlement announced 2026-10-16 imposes a two-year PERM debarment, a $600,000 civil penalty and a $1.4 million back-pay fund for U.S. workers who tried to apply for seven PERM jobs. Instacart settled with DOJ and the EEOC for $5 million on 2026-10-20 over paper-only applications for PERM jobs. Neither is a rule change.
- Funding: the current continuing resolution funds DOL through 2026-12-11. Judging by past funding lapses, DOL's foreign labor certification work (PERM, prevailing wage, LCAs) could pause after that date unless Congress passes funding by 2026-12-11. That is a reported precedent, not a DOL statement.
- Processing: FLAG's next PERM update is expected around 2026-11-06. Our guide to how long PERM labor certification really takes in 2026 covers each stage.
What to do now
- Check the Federal Register public inspection list for a Labor Department document titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program."
- Look up RIN 1205-AC29 on reginfo.gov. After the proposal is published and comments close, a new entry at the "Final Rule" stage would be the first sign that a binding rule is close.
- Ask your employer's immigration attorney for the dates of your Form ETA-9141 prevailing wage request, each recruitment step and the planned Form ETA-9089 filing, so you know which window you are in.
- Track a filed ETA-9089 against DOL's FLAG processing times, noting the "as of" date on the page.
- Keep copies of your ETA-9089 filing confirmation, I-797 notices and I-94 in one place.
- Read the NPRM when it is published. If you want to comment, use the docket it names on regulations.gov before the deadline it states.
- Route each question to the right person. F-1, OPT, STEM OPT or SEVIS questions go to your DSO. PERM, H-1B extension or status strategy goes to a licensed immigration attorney. Tax questions go to a tax professional who handles nonresident returns.
Common mistakes
- Treating "cleared OIRA" as "new rule." Clearance allows publication, and publication would still produce only a proposal.
- Rushing or pausing a case because of a headline. Whether to start, speed up or delay a PERM is your employer's decision, made with its attorney and ideally with the published text in hand.
- Mixing up the two DOL rules. RIN 1205-AC29 is the labor market test. RIN 1205-AC30 is prevailing wages, published in March and still proposed.
- Reading the PERM suspension as part of this rule. The eight-employer suspension is an enforcement action covering PERM, not the H-1B program.
- Reading "Major" as "economically significant." OIRA's record shows Major: Yes and Economically Significant: No, two different labels.
- Trusting a predicted publication date. DOL's own July 2026 target has already passed.
Frequently asked questions
Is there a new PERM rule in 2026?
No new PERM rule is in effect as of November 1, 2026. DOL's proposed rule on modernizing the PERM labor market test (RIN 1205-AC29) finished White House review on October 23, 2026, but has not been published in the Federal Register. The current recruitment rules in 20 CFR 656.17 still govern every PERM case.
Does the new PERM rule affect my pending PERM?
Not as of November 1, 2026. An unpublished proposal has no legal effect, and even a published proposal changes nothing until DOL issues a final rule and that rule takes effect. How a final rule would treat cases already in recruitment or already filed depends on text that is not public yet, so read it with your employer's immigration attorney once it appears.
What does it mean that the PERM proposal cleared OIRA?
OIRA, the White House Office of Information and Regulatory Affairs, reviews significant draft rules before publication. It concluded its review of DOL's PERM proposal on October 23, 2026, marked "Consistent with Change," a label generally read to mean the draft was changed during review. Clearance lets DOL publish the proposal. It is not a rule and opens no comment period.
When will the PERM proposal be published?
No date has been announced as of November 1, 2026. DOL can send the cleared proposal to the Federal Register at any time, and it would appear on the public inspection list shortly before publication. DOL's regulatory agenda had targeted July 2026, which has already passed, so treat any predicted date as a guess.
Will PERM recruitment requirements change?
Possibly, but nothing has changed yet and no specific change is public. DOL's agenda says the rulemaking would improve the minimum standards for recruiting qualified U.S. workers, strengthen safeguards for U.S. workers impacted by layoffs, and enhance employer compliance on non-discriminatory recruitment, hiring and record retention. Until a final rule takes effect, the job order, Sunday ads, additional steps and notice of filing in 20 CFR 656.10 and 656.17 still apply.
Sources
- OIRA, reviews completed in the last 30 days (XML), entry for RIN 1205-AC29
- DOL, Unified Agenda entry for RIN 1205-AC29
- OIRA, frequently asked questions
- eCFR, 20 CFR 656.17 and 20 CFR part 656
- DOL, Permanent Labor Certification program page
- DOL OFLC, FLAG processing times
- Federal Register, public inspection list and the prevailing-wage NPRM of 2026-03-27
- 5 U.S.C. 801, 8 CFR 204.5 and 8 CFR 214.2 (Cornell LII)
- DOJ, Cloudera settlement announcement
- Mayer Brown, analysis of DOL's 2026-10-08 PERM enforcement announcement (law-firm commentary, not a government source)
- USCIS, green card for employment-based immigrants
How we checked this: on 2026-11-01 we read OIRA's completed-review record and DOL's Unified Agenda entry for RIN 1205-AC29, the Federal Register public inspection list, 20 CFR 656.10 and 656.17, 8 CFR 204.5(d), 5 U.S.C. 801, and DOL's FLAG processing times dated 2026-10-21.
This is general information, not legal or tax advice. Your own notices, filing records and your attorney or DSO govern over anything published here.
If you are on OPT, STEM OPT or H-1B and want your search focused on employers that sponsor visas and green cards, F1Jobs can help you plan it.
Frequently asked questions
Is there a new PERM rule in 2026?
No new PERM rule is in effect as of November 1, 2026. DOL's proposed rule on modernizing the PERM labor market test (RIN 1205-AC29) finished White House review on October 23, 2026, but has not been published in the Federal Register. The current recruitment rules in 20 CFR 656.17 still govern every PERM case.
Does the new PERM rule affect my pending PERM?
Not as of November 1, 2026. An unpublished proposal has no legal effect, and even a published proposal changes nothing until DOL issues a final rule and that rule takes effect. How a final rule would treat cases already in recruitment or already filed depends on text that is not public yet, so read it with your employer's immigration attorney once it appears.
What does it mean that the PERM proposal cleared OIRA?
OIRA, the White House Office of Information and Regulatory Affairs, reviews significant draft rules before publication. It concluded its review of DOL's PERM proposal on October 23, 2026, marked Consistent with Change, a label generally read to mean the draft was changed during review. Clearance lets DOL publish the proposal. It is not a rule and opens no comment period.
When will the PERM proposal be published?
No date has been announced as of November 1, 2026. DOL can send the cleared proposal to the Federal Register at any time, and it would appear on the public inspection list shortly before publication. DOL's regulatory agenda had targeted July 2026, which has already passed, so treat any predicted date as a guess.
Will PERM recruitment requirements change?
Possibly, but nothing has changed yet and no specific change is public. DOL's agenda says the rulemaking would improve the minimum standards for recruiting qualified U.S. workers, strengthen safeguards for U.S. workers impacted by layoffs, and enhance employer compliance on non-discriminatory recruitment, hiring and record retention. Until a final rule takes effect, the job order, Sunday ads, additional steps and notice of filing in 20 CFR 656.10 and 656.17 still apply.