PERM EB-3 Compliance Alert 2026: DOJ Enforcement Trends & Employer Best Practices

The Department of Justice (DOJ) has significantly increased its enforcement activity around PERM Labor Certification compliance, posing heightened risks for employers sponsoring EB-3 workers. PERM, administered by the Department of Labor (DOL), requires employers to conduct a good-faith recruitment effort to demonstrate no qualified U.S. workers are available before sponsoring a foreign national for a green card. Key DOJ enforcement trends include audits targeting recruitment process integrity, advertising documentation, and prevailing wage compliance. Employers found to have conducted sham recruitment — advertising positions with overly specific requirements tailored to foreign workers — face serious consequences including PERM denial and potential debarment from future sponsorship. For EB-3 applicants, these enforcement actions are particularly significant because PERM approval is the mandatory first step in the employment-based green card process. A denied or invalidated PERM filing can reset years of priority date waiting time and delay green card timelines substantially. Employer best practices highlighted in the analysis include maintaining meticulous recruitment records for at least five years, ensuring job descriptions accurately reflect genuine business needs, and working with experienced immigration counsel during the recruitment and filing process. Internal audits and compliance reviews are strongly recommended before filing. EB-3 petitioners and their employers should proactively review their PERM processes to align with DOJ scrutiny standards, especially as enforcement activity is expected to continue through 2026. Early compliance investment significantly reduces the risk of costly denials or investigations.