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| DOL/ETA | RIN: 1205-AC29 | Publication ID: 2026 |
| Title: ●Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program (NPRM) | |
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Abstract:
The Immigration and Nationality Act (8 USC 1101, et seq .) requires that for most employment-based immigrant admissions to the United States, the Secretary of Labor must certify that the employment of the immigrant will not adversely affect the wages and working conditions of U.S. workers similarly employed and that U.S. workers are unavailable for the position. The Department of Labor’s (Department) Employment and Training Administration (ETA) is initiating rulemaking to modernize aspects of the permanent labor certification process (PERM) program for U.S. employers seeking to employ foreign nationals on a permanent basis. The regulations governing the PERM process have not been comprehensively modified since 2004. Since then, there have been advancements in technology and changes that have altered industry practices in key areas, including recruitment. As a result, the Department will seek to modernize the standards and procedures by which the Department receives and reviews employers' applications for permanent labor certification 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. The rulemaking will result in a labor certification process that better reflects current labor market dynamics and ensures employers experiencing true shortages of high-skilled labor are permitted access to the permanent employment-based immigration process. |
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| Agency: Department of Labor(DOL) | Priority: Other Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: Undetermined | Unfunded Mandates: Undetermined |
| EO 14192 Designation: Fully or Partially Exempt | |
| CFR Citation: 20 CFR 656 | |
| Legal Authority: 8 U.S.C. 1182(a)(5)(A) 8 U.S.C. 1182(p)(1) | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: Undetermined | Government Levels Affected: Undetermined |
| Federalism: Undetermined | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Brian Pasternak Administrator Department of Labor Employment and Training Administration 200 Constitution Avenue NW, Office of Foreign Labor Certification; Room N-5311, FP Building, Washington, DC 20210 Phone:202 693-8200 Email: oflc.regulations@dol.gov |
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