US Labor Department moves to revamp PERM green-card certification, affecting Indian professionals

The U.S. Department of Labor is preparing a major overhaul of the PERM labor-certification process that underpins most employer-sponsored EB-2 and EB-3 green-card applications. The draft rule, which entered Office of Management and Budget review on September 14, 2026, seeks to update recruitment standards, strengthen lay-off safeguards, enforce non-discrimination in hiring, and tighten documentation and record-keeping obligations.

Because the regulation has not yet been published in the Federal Register, its specific requirements—such as advertising channels or timelines—remain confidential. After publication, a 30- or 60-day comment window will allow stakeholders, including immigration firms like Fragomen, DiRaimondo & Schroeder, and Boundless Immigration, to provide feedback before a final rule is adopted. One outlet PERM framework, unchanged since 2004, has been criticized for relying on outdated recruitment methods.

While the proposal does not immediately alter existing cases, employers may need to adjust future filings, especially those involving recent layoffs, and Indian professionals could see changes in how their employers conduct the labor-market test. The overhaul does not address the separate visa-number backlog or Visa Bulletin issues.