This is a little different from our usual rule proposal or headline clarification post. Today's news is about enforcement. The DOJ and DOL just settled with two companies over how they ran their PERM recruitment. Let's get into what happened and, more importantly, what it could mean for you.
What Actually Happened
On October 13th, Cloudera agreed to a two-year PERM debarment plus civil penalties and back pay, after DOJ and DOL found it had used a non-functional recruitment email address for PERM-advertised jobs between March 2024 and January 2025, meaning some US applicants who tried to apply for those positions simply couldn't.
Then on October 20th, Instacart settled for up to $5 million (a $1 million civil penalty plus up to $4 million for affected applicants) over requiring PERM job applicants to apply by physical mail, while its regular hiring accepted applications online, between December 2023 and February 2026.
Both companies deny wrongdoing, and it’s important to remember that these are settlements, not court findings of guilt. But they are part of a broader DOJ/DOL enforcement push against PERM recruitment practices the agencies say disadvantage US workers.
Who This Affects
These settlements are about how specific employers ran their recruitment, not about individual green card applicants' cases. If your employer followed the rules, i.e. using functional contact info and following a process US candidates could actually use, then this doesn't impact you. It's not a sign that PERM filings in general are getting rejected, frozen, or scrutinized more harshly across the board. However, it IS a sign that the DOL and DOJ are actively watching recruitment compliance right now, which, if anything, is good news for the integrity of the program on which your own case depends. If you're not sure how your employer's immigration counsel ran your recruitment step, it's okay to reach out and ask.
The Bigger Rule Quietly Moving Forward
Separately, DOL's proposed overhaul of the entire PERM process (it would be the biggest rewrite since 2004) cleared White House/OIRA regulatory review on October 23rd. That clearance is a procedural green light to publish the proposed rule. There's still no public text on what it would actually require, so any claims are truly just speculation at this point. Some focus areas that are expected include tougher, better-documented US-worker recruitment requirements (including how employers handle digital recruiting), factoring recent layoffs into labor certification review, and anti-discrimination and record-keeping provisions.
TLDR
Two large companies, Cloudera and Instacart, faced legal action and agreed to settlements for how they ran recruitment for PERM jobs. The issue was not sponsoring foreign workers, but that they were alleged to have cut corners on giving US applicants a fair shot. If your employer did it right, this changes nothing for you.
The bigger PERM overhaul rule just cleared a procedural hurdle at the White House, which means it's getting closer to being published — but there's still no actual rule text.
This post is for general information only and is not legal advice. For guidance on your specific situation, please consult a licensed immigration attorney.
