- The Department of Labor has no final PERM rule as of September 16, 2026, so current filing rules remain in place.
- One proposal would raise prevailing wage levels for PERM and some other foreign-worker programs if finalized.
- A separate modernization rule could expand recruitment and recordkeeping, but it still has not taken effect.
The U.S. Department of Labor is preparing changes to the PERM green card system, but September 16, 2026, brings no final rule and no new filing requirement. Employers still use the existing PERM labor certification process. The agency has not yet changed recruitment obligations.
Two proposals are moving on separate tracks. One would raise wage thresholds for PERM and some other foreign-worker programs. The other would revise the labor-market test itself. Neither has taken effect.
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The wage-protection rule was published as a proposal on March 27, 2026. Its title is Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States. If finalized, it would raise prevailing wage levels used in PERM cases and certain other programs.
The proposed increases would affect all four wage levels. Level I would move from the 17th to the 34th percentile, while Level II would rise from the 34th to the 52nd percentile. Level III would move from the 50th to the 70th percentile, and Level IV from the 67th to the 88th percentile.
The change would be prospective. It would apply to new filings made on or after the rule’s effective date, if finalized.
Existing cases would not be swept into the proposal. The rule would not cover already approved PERM prevailing wage determinations, existing PERM certifications, or already-certified labor condition applications, known as LCAs.
The second proposal would rebuild a labor-market test last changed in 2004
The separate PERM modernization proposal appears in the Department of Labor’s Spring 2026 Unified Agenda. It remains at the proposed-rule stage, and no published regulatory text has created new PERM duties.
The department is targeting rules that have not been materially changed since 2004. Its stated aims include stronger recruitment of U.S. workers, better protections for workers who have been laid off, tighter anti-discrimination compliance, and broader employer recordkeeping.
That proposal could add work before an employer reaches certification. Recruitment may become more demanding. Recordkeeping may expand. The department has not made those obligations effective.
Indian EB-2 and EB-3 applicants face the longest exposure to added delays
Indian professionals rely heavily on employer-sponsored green cards through EB-2 and EB-3. Many already face lengthy immigrant visa backlogs.
The existing PERM queue is also slow. An update citing analyst reviews put processing at about 372 days as of August 2026. Including the prevailing-wage and recruitment stages, the full process often takes 20 to 26 months.
Added friction could extend that timeline. Higher wage requirements could make sponsorship more expensive, while expanded recruitment could make employers more selective, particularly among large Indian IT and consulting companies.
A delayed filing can also postpone establishment of a worker’s priority date. That can push the full green card queue farther out for applicants already waiting in backlogged categories.
The two proposals therefore carry different consequences. The wage measure focuses on compensation benchmarks and would apply to new filings after its effective date. The modernization measure would alter recruitment, worker protections, compliance, and records.
Both remain unfinished. Until the Department of Labor publishes a final rule, employers must follow the current PERM process, including its existing filing and recruitment requirements. If the wage proposal becomes final, Indian workers entering the process could face higher employer wage obligations at the start of an already lengthy case.
