Three immigration rules now under White House review: premium processing, H-1B and PERM

Which immigration rules is the White House reviewing right now? As of October 14, 2026, the government's own review list shows three proposed rules that matter to skilled workers: one on premium processing timeframes, one reforming the H-1B program, and one modernizing PERM, the labor certification step in most employer-sponsored green cards. All three are proposed rules under review at the Office of Information and Regulatory Affairs (OIRA). None has been published. That means their content is not public, and nothing about premium processing, H-1B or PERM has changed because of them.

What is OIRA review?

Executive Order 12866, signed September 30, 1993 (58 FR 51735), sets up central review of federal regulations. It gives that job to the Office of Management and Budget (OMB) and, within OMB, to OIRA (Executive Order 12866, section 2(b)).

Under the order as published in 1993, an agency sends OIRA the draft text of each significant rule, with an explanation of why it is needed and an assessment of its costs and benefits (section 6(a)(3)(B)). For most rules, OIRA is to finish its review within 90 calendar days, and that period can be extended (section 6(b)(2)). Until review ends, the agency is not to publish:

"Except to the extent required by law, an agency shall not publish in the Federal Register or otherwise issue to the public any regulatory action that is subject to review under section 6 of this Executive order until (1) the Administrator of OIRA notifies the agency that OIRA has waived its review of the action or has completed its review without any requests for further consideration, or (2) the applicable time period in section 6(b)(2) expires without OIRA having notified the agency that it is returning the regulatory action for further consideration under section 6(b)(3), whichever occurs first." Executive Order 12866, section 8

The order also requires openness after the fact. Once a rule is published, the agency is to identify the substantive changes made between the draft sent to OIRA and the published version, and OIRA is to make the documents exchanged during review public (sections 6(a)(3)(E) and 6(b)(4)(D)). OIRA also keeps a public log that includes meetings with people outside the executive branch (section 6(b)(4)(C)) (Executive Order 12866). As of October 14, 2026, the reginfo.gov meeting search showed no logged meetings for any of the three rules below (1615-AD25, 1615-AD00, 1205-AC29).

"Economically significant" is a label on the review list. Reginfo.gov defines it as a rule that, under section 3(f)(1) of the order, "will have an annual effect on the economy of $100 million or more" or will adversely affect the economy or other listed interests in a material way (reginfo.gov, review list).

The key point for readers: while a rule sits at OIRA, its text is not public. The listing gives a title, an agency, a stage and a date, nothing more.

Which three rules are under review?

This is what the official review list on reginfo.gov showed on October 14, 2026 (reginfo.gov, EO 12866 regulatory review):

Each is listed as "Pending Review" with no legal deadline. A RIN, or Regulation Identifier Number, is the tracking number a rule keeps from planning to publication. A Federal Register search by RIN returned no published documents for any of the three on October 14, 2026 (Federal Register API).

Premium processing timeframe (RIN 1615-AD25)

The listing gives only the title, "Amending the Premium Processing Timeframe," the agency (USCIS), the stage (proposed rule) and the received date, October 13, 2026. It is not marked economically significant (reginfo.gov, review detail). Reginfo.gov states that "This rule has not been published in a Unified Agenda," so there is no agency abstract describing it (reginfo.gov, RIN 1615-AD25). We do not know what timeframe it would change, or how.

For context only, here are today's timeframes. Premium processing is an optional paid service in which USCIS guarantees it will take adjudicative action within a set time or refund the fee. The USCIS page, last updated March 23, 2026, lists 15 business days for most classifications, 30 business days for Form I-765 and for certain student and exchange visitor changes of status on Form I-539, and 45 business days for Form I-140 petitions in the E13 multinational executive and manager and E21 national interest waiver classifications (USCIS, How Do I Request Premium Processing?). Our guide to premium processing for the I-140 explains what the guarantee covers.

H-1B program reform (RIN 1615-AD00)

OIRA received this USCIS proposed rule on August 24, 2026, and it is marked economically significant (reginfo.gov, review detail). Unlike the premium processing rule, it appears in the Unified Agenda, the government's published list of planned rules. The current edition, which reginfo.gov labels the 2026 Unified Agenda, gives this abstract:

"DHS proposes to reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements, among other provisions. These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers' wages and working conditions." Unified Agenda, RIN 1615-AD00 (reginfo.gov)

The entry lists the regulation affected as 8 CFR 214.2(h), the section that contains the H-1B rules, and projects a proposed rule for "08/00/2026," meaning August 2026 (reginfo.gov, Unified Agenda, RIN 1615-AD00). The rule first appeared in the Spring 2025 agenda, which projected a proposed rule for December 2025 (reginfo.gov, Spring 2025 entry). Beyond the abstract, the official listings say nothing about what the rule contains.

This is a different rulemaking from DHS's proposed H-1B fee, "Fee for Certain H-1B Petitions," which has its own RIN, 1615-AD20, and was published as a proposed rule on August 25, 2026, at 91 FR 54817 (Federal Register API, RIN 1615-AD20). For the fee and the related court cases, see the H-1B $100,000 fee in October 2026 and DHS proposes additional H-1B fee.

PERM modernization (RIN 1205-AC29)

PERM is the Labor Department's permanent labor certification process, the step in which an employer tests the US labor market before sponsoring a worker for many employment-based green cards. OIRA received the Department of Labor's proposed rule, from its Employment and Training Administration (ETA), on September 14, 2026, and it is marked economically significant (reginfo.gov, review detail).

Its Unified Agenda entry, published there for the first time in the current edition, says the PERM regulations "have not been comprehensively modified since 2004" and describes the plan in one sentence:

"As a result, the Department will seek to modernize the standards and procedures by which the Department receives and reviews employers' applications for permanent labor certification by improving the minimum standards for recruiting qualified U.S. workers, strengthening safeguards for U.S. Workers impacted by layoffs, and enhancing employer compliance with program requirements related to non-discriminatory recruitment and hiring practices, and record retention requirements." Unified Agenda, RIN 1205-AC29 (reginfo.gov)

The entry lists 20 CFR 656, the PERM regulations, and projects a proposed rule for "07/00/2026," meaning July 2026 (reginfo.gov, Unified Agenda, RIN 1205-AC29). Beyond the abstract, the official listings say nothing about what the rule contains. This rulemaking is separate from the Labor Department's reported PERM suspension for eight employers, covered in our post on that suspension.

What happens next?

All three are listed at the proposed rule stage. If OIRA concludes review and an agency publishes, the document would be a notice of proposed rulemaking in the Federal Register, with a comment period, and only a later final rule could change the regulations. An agency could also change or withdraw a draft. We cannot say when or whether any of the three will be published, or what they will say.

What this means in practice: for now, the current rules on premium processing, H-1B petitions and PERM still apply. In our view, it is not a good idea to change plans based on a title alone. If one of these rules matters to you, watch the Federal Register for the RIN and read the published text, which is when you can comment. If you are weighing routes that do not run through PERM, our comparison of EB-2 NIW vs PERM sets out the differences.

Where to start

H-1B and PERM cases are handled by partner-firm attorneys; Frank does not cover them. If you would like a route that depends less on H-1B or PERM rules, start with the free evaluation, with no account and no card, to see where your record stands for the O-1, EB-1A or EB-2 NIW. Frank then finds real opportunities for the criteria you do not yet meet. Starter is $49 a month with a 7-day free trial. Legal work is done by licensed attorneys at an independent partner firm; Green Card Guide is not a law firm, and this post is not legal advice.

Sources

All checked October 14, 2026.

• Reginfo.gov, Executive Order 12866 regulatory review list. Titles, agencies, RINs, stages, economic significance and received dates for all three rules.
• Reginfo.gov review details: 1615-AD25, 1615-AD00, 1205-AC29.
• Reginfo.gov Unified Agenda entries: 1615-AD00, current edition; 1615-AD00, Spring 2025; 1205-AC29, current edition; 1615-AD25, not in a Unified Agenda.
• Reginfo.gov EO 12866 meeting search results: 1615-AD25, 1615-AD00, 1205-AC29. No meetings logged for the three RINs.
• Executive Order 12866, Regulatory Planning and Review (58 FR 51735, October 4, 1993). OIRA's role, the review period, the publication rule (quoted) and disclosure duties, as originally published.
• Federal Register API, documents by RIN. The H-1B fee proposal under RIN 1615-AD20, and no documents under the three RINs above.
• USCIS, How Do I Request Premium Processing? (last updated March 23, 2026). Current premium processing timeframes.

Frequently asked questions

Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.