Thursday, October 29, 2026 - The United States government is moving to revise employment-based green card sponsorship requirements after completing a federal review of proposed changes to the Permanent Labor Certification (PERM) programme.
The proposed regulation, developed by the US
Department of Labor, has cleared review by the Office of Management and Budget,
paving the way for its publication in the Federal Register.
According to an immigration advisory published by
Fragomen, the proposed changes would revise recruitment standards for employers
seeking to sponsor foreign workers for permanent residency.
The reforms would also strengthen protections for American
workers affected by layoffs and introduce additional employer compliance
requirements.
The development could overhaul the PERM programme, whose
regulations have not been comprehensively updated since 2005.
Under the existing PERM framework, employers must
demonstrate that there are insufficient qualified, willing and available US
workers for the position before sponsoring a foreign national for permanent
employment.
The process is a key requirement for many employment-based
green card applications, particularly those under the EB-2 and EB-3 immigrant
visa categories.
According to Fragomen, the proposed regulation focuses on
three major areas: recruitment requirements, protections for American workers
affected by layoffs, and compliance with federal non-discrimination rules.
The proposed changes would revise the minimum standards
employers must meet when testing the US labour market for qualified American
workers. They would also strengthen requirements governing recruitment and
sponsorship in situations where US workers have been affected by layoffs.
In addition, employers could face enhanced obligations to
ensure their recruitment and hiring practices comply with federal
non-discrimination requirements. However, the specific provisions of the
proposed regulation remain confidential pending publication in the Federal
Register.
Following the completion of OMB’s review, the Department of
Labor is expected to publish the proposed regulation in the Federal Register.
The publication will open the proposal to public
scrutiny, allowing employers, immigration lawyers, businesses, and other
stakeholders to submit comments.
The public consultation period is expected to last either 30
or 60 days, depending on the published proposal. Following this period, the
Department of Labor will review submissions before deciding whether to issue a
final regulation.
The proposed requirements will not take effect until the
rulemaking process is fully completed and a final regulation is issued
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