Department of Labor Signals Potential Changes to the PERM Process: What It Could Mean for EB-3 Applicants

The U.S. Department of Labor recently announced that it is considering updates to the PERM labor certification process, which is the first major step in most EB-3 employment-based green card cases.

Since this announcement has generated a lot of questions, I wanted to explain what we actually know and, just as importantly, what we don't.

Nothing has changed today

The most important takeaway is that the PERM process has not changed.

The Department of Labor has simply placed this on its regulatory agenda, meaning it intends to explore updates to the program. Before anything could change, the government would first need to publish a proposed rule, allow time for public comments, review those comments, and then issue a final rule. That process typically takes time.

For now, employers are continuing to file PERM applications under the same regulations that have been in place for many years.

Why is the government looking at PERM?

The current PERM regulations were implemented in 2005. Since then, the way employers recruit employees has changed dramatically.

Today, most hiring takes place online, while the PERM process still relies on requirements like Sunday newspaper advertisements and other recruitment methods that were much more common twenty years ago.

Based on the Department of Labor's published objectives, the agency appears to be focused on modernizing the recruitment process while strengthening protections for U.S. workers.

Although we don't have the details yet, potential changes could include:

• Greater emphasis on modern online recruitment methods.
• Additional documentation during the recruitment process.
• More detailed review of how employers evaluate U.S. applicants.
• Increased compliance and recordkeeping requirements.
• Expanded audits of PERM filings.

At this stage, these are simply areas the Department of Labor has indicated it wants to evaluate. They are not new rules.

Does this mean the EB-3 program is going away?

Based on everything that has been released so far, I do not believe that's what this announcement is about.

The purpose of the PERM process has always been to ensure qualified U.S. workers have the opportunity to apply for available positions before an employer sponsors a foreign national for permanent residence. Nothing released by the Department of Labor suggests that employer sponsorship itself is being eliminated.

The discussion appears to be focused on how employers demonstrate compliance with those requirements rather than whether employers will continue sponsoring foreign workers.

What if you're already in the process?

For our current Immilink clients, especially those whose PERM cases have already been filed or are currently moving through the PERM process, this announcement is not something I would be overly concerned about.

Our clients are already proceeding under the current PERM framework. At this point, there is nothing for you to do differently, and we will continue managing your case as planned.

If the Department of Labor eventually proposes changes that could affect pending or future cases, we'll communicate those updates clearly and explain exactly what they mean. Until then, it's business as usual.

What if you're considering starting an EB-3 case?

This announcement doesn't mean anyone needs to rush into a decision.

At the same time, if you've already decided that pursuing an EB-3 green card is the right path for you, I don't see much benefit in waiting simply because the government may propose future changes.

No one knows exactly what those future regulations will look like or when they could take effect. It's entirely possible that the process becomes more modern, but it could also become more documentation-intensive or require additional compliance from employers.

Starting your case while the current rules are in place provides more certainty than waiting for a system that may look different in the future.

My perspective

I've worked in employment-based immigration for many years, and one thing I've learned is that immigration programs are constantly evolving. Processing times change, filing procedures change, government forms change, and occasionally the regulations themselves change.

This announcement is worth paying attention to, but I don't think it's a reason for unnecessary concern. Right now, it's simply an indication that the Department of Labor is evaluating updates to a process that has remained largely unchanged for two decades.

As more information becomes available, I'll continue sharing updates and explaining what they actually mean for employers and foreign workers. My goal is to help people understand these developments without the fear or speculation that often surrounds immigration news.