What You Missed In Immigration: DOL Clears a PERM Overhaul, Citizenship Approvals Crater 72% & the Supreme Court Keeps Case Closures Locked Down
DOL Proposed Rule to Modernize PERM Labor Certification Clears White House Review
The Office of Management and Budget has cleared a Department of Labor proposed rule that could substantially rewrite the PERM labor certification process. The proposal is expected to address recruitment standards, protections for U.S. workers affected by layoffs, and employer compliance requirements. The regulatory text has not been published yet, so the specific provisions remain unknown. Current PERM regulations stay in effect until any final rule is adopted. Employers with pending or planned PERM filings should monitor the Federal Register for publication and prepare to engage during the public comment period.
The PERM Takeaway: This is the biggest development for PERM employers in this entire news cycle. A proposed rule clearing OMB review means the regulatory text is close to publication, and everything we have seen from the administration this year points toward tighter standards. The executive order tying H-1B approvals to layoff history, the Microsoft and Adobe suspensions, the proposal to end deference to prior approvals: all of those signal where DOL is heading with PERM. Expect the proposed rule to raise the bar on recruitment documentation, expand the definition of what constitutes adequate testing of the U.S. labor market, and add layoff-related compliance requirements that mirror the H-1B executive order. Employers should not wait for the text to start preparing. Review your current recruitment processes, job posting practices, and internal documentation standards now. When the proposed rule publishes, you want to be reading it with a compliance framework already in place, not building one from scratch. The comment period will be the industry's chance to shape the final rule, and PERM employers, immigration attorneys, and ad agencies all have a direct stake in what those final requirements look like.
Citizenship Approvals Fall 72% as the Naturalization Backlog Grows Past 800,000
U.S. citizenship approvals dropped 72% in the first eight months of 2026 compared to the same period in 2025, according to The Washington Post. The naturalization backlog has swelled from roughly 500,000 to more than 800,000 pending applications. Applicants are reporting delayed interviews and canceled ceremonies. The administration attributes the slowdown to expanded screening and vetting requirements. Applicants should expect longer processing times and monitor their USCIS accounts for updates.
The PERM Takeaway: A 72% drop in citizenship approvals is a staggering number, and it confirms what the Q3 processing data showed earlier this month: USCIS is falling further behind across the board. When the agency is processing naturalization cases at less than a third of last year's pace, that resource strain bleeds into every other program. Employment-based petition adjudications, EAD renewals, and I-485 processing all compete for the same pool of agency resources. For PERM employers, the practical takeaway is to build longer lead times into every filing that depends on a USCIS decision. If your sponsored employee's work authorization hinges on a timely EAD renewal or I-485 adjudication, assume the timeline will be longer than the posted estimate. The loss of automatic EAD extensions, combined with an agency processing at reduced capacity, means the margin for error on authorization gaps is shrinking. File early, file complete, and have a backup plan for every case where a lapsed document could pull an employee off the job.
Federal Judge Temporarily Blocks Rule Shortening Refugees' Appeal Window
A federal judge in Boston temporarily blocked a USCIS rule that cut the time refugees have to respond to a notice of intent to terminate their status from 30 days to 10 days. Judge Julia Kobick's order runs through November 6, when a different judge will decide whether to extend it. DHS estimated the rule could affect up to 186,000 refugees. The court has not yet ruled on whether the rule is lawful, so the timeline could change depending on the next ruling.
The PERM Takeaway: This rule does not directly touch the PERM process, but it fits a pattern that PERM employers should be watching. The administration is compressing response timelines across multiple immigration categories. Shorter windows to respond to termination notices, the end of automatic EAD extensions, the proposal to deny cases without first requesting evidence: all of these reduce the time immigrants and their employers have to react. For PERM employers, that means building responsiveness into your compliance infrastructure. When USCIS issues an audit letter on a PERM filing, the response window is fixed, and there is no indication that those deadlines will get longer. Make sure your internal processes can produce a complete audit response within the required timeframe, and keep recruitment records organized and accessible so counsel does not have to reconstruct them under deadline pressure.
USCIS Allows Certain CBP One Parolees to Request Case Reopening Without a Fee
Following a federal court order in the Sileiri Doe litigation, USCIS announced that qualifying individuals whose parole was terminated in April 2025 may request reopening or reconsideration of certain adverse immigration decisions without paying a filing fee. Eligibility is limited to specific class members and specific decisions. Anyone who believes they may qualify should review the USCIS announcement and consult with an immigration attorney.
The PERM Takeaway: This development is narrow in scope and unlikely to affect most PERM employers directly. But it illustrates a broader dynamic worth understanding: federal court orders are regularly forcing USCIS to reopen or reconsider decisions the agency made under current policies. For employers whose sponsored employees have received adverse USCIS decisions, the lesson is that litigation outcomes in other cases can sometimes create reopening opportunities. Counsel should be tracking relevant class action settlements and court orders that might benefit their clients, even when the original case involves a different immigration category.
Supreme Court Leaves Restrictions on Immigration Court Case Closures in Place
The Supreme Court declined to intervene in a dispute over administrative closure, the practice that allows immigration judges to temporarily shelve deportation cases from their active dockets. The October 27 decision leaves a nationwide restriction on case closures in place while lower court litigation continues. The change affects individuals who are in removal proceedings while waiting for decisions on family-based petitions or other immigration benefits.
The PERM Takeaway: Administrative closure was the mechanism that allowed immigration judges to park a deportation case while the respondent pursued a separate immigration benefit, such as an employer-sponsored green card. Without that option, removal proceedings can continue even while a PERM case or I-140 petition is pending. For employers who are sponsoring an employee who is also in removal proceedings, the inability to close the removal case creates a parallel track that adds legal complexity and cost. Counsel needs to manage both proceedings simultaneously, and any misstep in the removal case could undermine the employment-based sponsorship. If you have a sponsored employee in this situation, make sure your immigration team and the employee's removal defense attorney are coordinating closely. These cases require a unified strategy across both proceedings.
Stay sharp, stay compliant, and we'll see you next week.
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