As of August 17, 2026, the Department of Labor is preparing a new DOL labor certification rule. The change could reshape how employers sponsor foreign workers for green cards. Immigration analyst Stuart Anderson first reported the news on August 10, 2026, in a DOL rule report on employer sponsorship. His report says the rule could tighten PERM labor certification and add new hurdles for companies and immigrants. The source has not published draft rule text yet.
So, what does this mean for you? If your green card case depends on labor certification, this update matters now. Our Houston immigration law firm has guided employers and workers through PERM cases for years. Below, we break down what has changed, who it affects, and what you should do next.
What Changed With the DOL Labor Certification Rule
The Department of Labor is working on a rule that targets PERM labor certification. This certification is the first step most employers take before sponsoring a foreign worker for a green card. Anderson’s report explains that the DOL wants to tighten this step. But the report doesn’t list exact dates, fees, or new forms yet. So, employers can’t confirm specific deadlines today.
PERM Certification Under Review
The DOL’s PERM labor certification program currently requires employers to test the labor market before hiring a foreign worker permanently. That process is the piece the department wants to revisit. Anderson’s report frames this as a move toward stricter review.
No Effective Date Confirmed
The source hasn’t specified when the rule would take effect. Also, it doesn’t name specific fee changes or form updates. That means employers should watch for updates rather than assume a firm timeline. We’ll update this page once the DOL publishes a proposed rule.
Key Takeaway: The DOL labor certification rule is still in development. No effective date, fee, or form change has been confirmed. Employers relying on PERM sponsorship should watch for the proposed rule and avoid assuming any specific timeline until the DOL publishes official details.
Who Is Affected by the PERM Certification Update
Two groups feel this shift most directly: the companies that sponsor foreign talent, and the workers waiting on their green card. Anderson’s report names both as directly affected by the coming DOL labor certification rule.
Employers Sponsoring Foreign Workers
Companies that rely on PERM labor certification to hire foreign talent face the most exposure. If the DOL labor certification rule adds new steps, hiring timelines could stretch. Plus, HR teams may need extra documentation for pending cases. Check our immigration law updates for the latest on this developing rule.
Employment-Based Green Card Applicants
Foreign workers waiting on a labor certification also feel this shift. Their green card timeline depends on their employer’s sponsorship moving forward smoothly. So, a stricter DOL rule could slow cases already in the pipeline.
What Employers and Applicants Should Do Now
You can’t control when the DOL finalizes its rule. But you can control how ready your case is. Two steps matter most right now: track the process, and don’t sit on a case that’s ready to file.
Track the Rule Closely
First, watch DOL announcements for the proposed rule text. The USCIS permanent worker green card process still runs under current PERM rules for now. That means today’s requirements still apply while the rule moves through the department.
Consider Filing Pending Cases Early
Second, employers with a PERM case ready to file should act soon. Filing before new requirements take hold may protect your place in the process. This step matters most for cases already close to ready.
Pro Tip: Don’t wait for the final rule to organize your PERM paperwork. Gather wage data, recruitment records, and job descriptions now. That way, your case moves fast the moment you’re ready to file, no matter when the DOL labor certification rule takes effect.
How Herrera Law Firm Can Help
Rule changes are easier to handle with the right guidance. Our team reviews pending PERM cases and flags risks tied to the coming DOL labor certification rule. Contact Herrera Law Firm today for a review of your case.
Guidance Through PERM and Green Card Cases
We help employers organize recruitment records and wage data ahead of any new requirement. We also walk applicants through what a stricter labor certification process could mean for their timeline.
A Track Record Clients Trust
Clients notice the difference over time. Laura Pinzon, a client for 14 years, says: ‘Our family has worked with Hector Herrera for the past 14 years, and it is truly impossible to fully express how grateful we are for everything he has done for us… Hector has been more than an attorney.’ That kind of trust matters when rules shift fast. Green card holders planning ahead can also review our citizenship eligibility guide for next steps.
Common Mistake to Avoid: Don’t assume your PERM case is unaffected just because it’s already filed. Even pending cases can face added scrutiny if the DOL changes review standards. Talk to an attorney about your specific filing date before you assume you’re in the clear.
What We Don't Know Yet About the DOL Rule
It’s worth being clear about what’s still unknown. The report confirms a rule is coming. It doesn’t confirm the details that would let you plan around exact numbers or dates.
No Published Rule Text Yet
The DOL hasn’t released draft rule language. So, we can’t confirm specific fee amounts, new forms, or exact thresholds yet. Anderson’s report notes the rule is still being prepared inside the department.
Track Official Channels for Updates
The Federal Register’s DOL rule tracker lists proposed rules once they’re published. Check it directly for the most current status. We’ll also update our blog when the DOL publishes formal language.
What This Means for You: The DOL labor certification rule isn’t final. You don’t need to panic, but you shouldn’t ignore it either. If you have a PERM case in progress or planned, use this time to prepare your documentation and talk with an immigration attorney. Waiting until the rule publishes could cost you valuable time on cases already in the pipeline.
The DOL labor certification rule is still taking shape, and no final text is public. Here’s what we know: the Department of Labor wants to tighten PERM labor certification, and both employers and green card applicants could feel the impact. No effective date, fee, or form change has been confirmed yet.
Don’t wait to prepare. If you have a pending or planned PERM case, review your documents now and watch for updates. Contact Herrera Law Firm today, and check our citizenship processing timelines page if you’re also planning ahead for citizenship after your green card.
This article is general information, not legal advice. Consult an attorney about your specific case.
Expert Insight from Hector Herrera, Lead Immigration Attorney: PERM cases already take real planning, and that hasn’t changed. When DOL policy shifts, the employers who prepared their paperwork early are the ones who keep their timelines steady. Green card applicants feel these shifts too, since their case depends on the employer’s filing. My advice right now is simple: get your recruitment records and wage data in order before the rule publishes, not after.
Frequently Asked Questions
What is the DOL labor certification rule?
The DOL labor certification rule is a proposed change to how the Department of Labor reviews PERM labor certification cases. It could add new steps before employers sponsor a foreign worker for a green card. The DOL hasn’t published the final rule text yet.
When will the DOL labor certification rule take effect?
No effective date has been confirmed. The source report doesn’t list a start date for the labor certification changes. Labor certification updates like this often take months to finalize. So, track DOL announcements and organize your paperwork now.
Who does the PERM labor certification update affect?
The update affects employers sponsoring foreign workers and the employees waiting on their green card. If your case relies on PERM labor certification, watch for changes. Both groups could see slower timelines if the DOL adds new requirements.
What should employers do about the new DOL rule now?
Employers should organize wage data, recruitment records, and job descriptions today. Filing pending PERM labor certification cases early may help protect your place in line. Don’t wait for the final rule text before you start preparing your documents.
Where can I track updates on this DOL rule?
Check the Federal Register for official DOL rule filings, and watch our blog for plain-language updates. If you have a labor certification case in progress, an immigration attorney can help you follow updates that affect your specific filing.
Step-by-Step: Responding to the PERM Labor Certification Update
10 Practical Steps for Employers and Applicants
1. Read the original Forbes report on the DOL rule change.
2. Confirm whether your PERM case is pending or planned.
3. Gather current wage and recruitment documentation now.
4. Update job descriptions to match current PERM standards.
5. Check the Federal Register for the DOL’s proposed rule text.
6. Consult an immigration attorney about your filing timeline.
7. File ready PERM cases before requirements possibly change.
8. Track USCIS updates on employment-based green card processing.
9. Ask your attorney about risks to pending PERM filings.
10. Set a reminder to review DOL announcements monthly.
Quick Reference: What Is the DOL Labor Certification Rule?
The DOL labor certification rule is a proposed update from the Department of Labor. It targets PERM labor certification, the step employers complete before sponsoring a foreign worker for a green card. The rule isn’t final yet. No effective date, fee, or form has been confirmed. So, employers and applicants should watch for the DOL’s official proposal before assuming anything will change today.
Additional Resources
What Is U.S. Citizenship? explains the rights and benefits that follow once a green card holder becomes eligible to naturalize down the road.
Why Becoming a U.S. Citizen Opens Doors covers what changes once an employment-based green card leads to citizenship.
Can You Lose U.S. Citizenship? explains your rights and protections once your immigration status is secure.
Reviewed by Hector Herrera, Founder and Lead Immigration Attorney · Updated
About the author
Hector Herrera
Founder and Lead Immigration Attorney
Hector Herrera is the founder and lead immigration attorney at Herrera Law Firm (also known as the Law Offices of Herrera and Associates, PLLC) in Houston, Texas. He has practiced immigration law since 2007, representing clients in family immigration, employment-based and investment visas (including E-2 and EB-5), naturalization, and business legal services. Herrera and his bilingual team serve Houston and surrounding areas including Katy, The Woodlands, Pearland, Sugar Land, and Cypress, working with clients in both English and Spanish. He is listed as an attorney with the Law Offices of Herrera & Associates PLLC on FindLaw's lawyer directory and identified as a Texas immigration lawyer at Herrera Law Firm on ZoomInfo.
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