The Department of Labor (DOL) and the Department of Homeland Security (DHS) have taken or proposed several actions affecting different stages of the high-skilled immigration process. Some are already in effect as enforcement actions; others are proposed rules that could still change after public comment.
For some U.S. visa holders seeking to remain in the country, these developments could make employer-sponsored routes less predictable. Eligible individuals may therefore consider the EB-5 Immigrant Investor Program as an alternative path to permanent residence, provided they meet its investment, job-creation and other eligibility requirements.
DOL advances proposed PERM changes
The DOL’s proposed modernization of the PERM labor-certification process cleared review by the White House Office of Information and Regulatory Affairs (OIRA) on Oct. 23, 2026, after DOL submitted it for review in September.
OIRA review does not make the proposal law or immediately change PERM requirements. For now, employers and workers must continue following current PERM procedures. The proposed rule must still be published before its specific provisions and public-comment period become available.
The regulatory agenda indicates that the proposal may address recruitment standards, protections for U.S. workers affected by layoffs, and employer compliance or recordkeeping requirements. DOL cannot assess its effects on case difficulty, processing times, costs, or eligibility until it publishes the regulatory text.
Separately, on Oct. 8, 2026, DOL announced that it would not accept new or process pending PERM applications involving eight employers, including Microsoft and Adobe, as part of an active investigation into alleged misuse or misrepresentation in employment-based immigration programs. The suspensions are separate from the proposed PERM rule and do not establish a general freeze on technology or IT-services companies.
To date, none of the eight employers has been found liable for wrongdoing or debarred from the PERM program.
DHS proposes removing deference to prior approvals
On Oct. 14, 2026, DHS published a proposed rule to remove the regulatory provision governing USCIS deference to prior approvals, which were restored in 2021. The public-comment period will remain open through Nov. 13, 2026.
Under the current regulation, USCIS generally gives deference to a prior eligibility determination when a petition involves the same parties and underlying facts. Exceptions include a material error, a material change, or new material information that adversely affects eligibility.
The proposal would remove that starting presumption and allow officers to reassess eligibility without deferring to the earlier approval, placing the burden on the petitioner to show continued eligibility each time. It would apply broadly to Form I-129 petitions, including petitions used for H-1B and L-1 classifications.
The proposal has not changed current adjudication procedures. USCIS would need to issue a final rule before implementing the change. If finalized, it could increase documentation demands, uncertainty, or processing time for some extension petitions, including cases involving the same employer, worker, position, and underlying facts.
A two-stage guide to these updates
These developments can be viewed across two stages of the high-skilled immigration process:
- Temporary status: DHS’s proposal to end USCIS’s current deference policy could let officers reassess certain Form I-129 extensions without treating a prior approval as the starting baseline. If finalized, the change could make some extensions less predictable.
- Permanent residence: DOL’s proposed PERM changes could affect recruitment, worker-protection, or compliance requirements. DOL cannot assess the impact on processing times, costs, or eligibility until it publishes the proposal.
Together, these measures could affect workers at different points in the immigration process. For example, someone whose employer faces PERM-related delays may need longer temporary visa extensions, while a change to the deference policy could affect how those extensions are reviewed.
However, the practical effect will depend on the final rules, agency implementation, the outcomes of employer investigations, and each worker’s and employer’s circumstances.
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