PERM Filings Suspended 2026: DOL Investigations, EAD Changes & Premium Processing Alert

The Department of Labor has launched investigations into immigration programs and suspended certain PERM labor certification filings, a development with direct implications for employers sponsoring EB-3 green cards. PERM is the foundational first step for most employment-based green card cases, and suspensions or heightened scrutiny can significantly delay or derail sponsorship timelines for both employers and foreign national workers. U.S. Citizenship and Immigration Services has issued a final rule eliminating the 540-day automatic extension of Employment Authorization Documents (EADs) for renewal applicants. This policy, which has been in effect since October 30, 2025, affects adjustment of status applicants, refugees, asylees, TPS beneficiaries, certain H-4 spouses, and VAWA self-petitioners. Workers in these categories must now file renewals well in advance of expiration to avoid gaps in work authorization. The Department of Homeland Security is also proposing changes to USCIS premium processing timelines. While no timelines have changed yet, DHS may seek to extend existing 15, 30, and 45 business-day windows. The proposal is currently under OMB review and will undergo a public comment period before any final rule takes effect. Employers relying on premium processing for H-1B, I-140, or other petitions should monitor this development closely. In a separate proposal, the Trump administration is seeking to eliminate the USCIS requirement to defer to prior approved petitions when facts remain unchanged. This would allow officers to independently reassess H-1B, L-1, O-1, and other nonimmigrant petitions from scratch upon each refiling, potentially increasing RFE rates and denial risks even for long-established employer-employee relationships. For EB-3 applicants and their employers, the combination of DOL PERM scrutiny, reduced EAD protections, and potential premium processing delays represents a more challenging compliance environment. Proactive case management—including early renewals, close monitoring of PERM suspension updates, and contingency planning for work authorization gaps—is strongly advised.