The United States is set to revise requirements for employers sponsoring green cards after completing a federal review of changes to the Permanent Labour Certification (PERM) programme. The proposed regulation, developed by the US Department of Labour, has successfully cleared the Office of Management and Budget’s review, enabling its publication in the Federal Register. This update aims to modernize the PERM programme, which has not seen a comprehensive update since 2005.
The proposed regulation outlines changes to update recruitment standards for employers seeking to sponsor foreign workers for permanent residency. These reforms would enhance protections for American workers laid off and introduce stricter compliance measures for employers. Currently, employers must show that no qualified, willing, and available US workers exist for a position before sponsoring a foreign national for permanent employment. This process is essential for many employment-based green card applications under the EB-2 and EB-3 visa categories.
The proposed regulation will focus on three main areas: recruitment requirements, protections for American workers affected by layoffs, and compliance with federal non-discrimination rules. It aims to raise the minimum standards for testing the US labour market for qualified American workers and strengthen requirements for recruitment and sponsorship in cases involving layoffs. According to an advisory from immigration firm Fragomen, published on 26 October 2026, these changes will significantly impact how employers recruit and document their efforts to hire qualified US workers.
The specifics of the proposed regulation remain confidential until its publication in the Federal Register. Once published, there will be a public consultation period lasting 30 to 60 days, during which employers, immigration lawyers, and other stakeholders can provide feedback. This period allows for a thorough review of the proposed changes and offers an opportunity for stakeholders to voice their opinions and concerns.
After the public consultation period, the Department of Labor will review the comments before deciding on a final regulation. The proposed requirements will only take effect once this rulemaking process is complete. Employers under the EB-2 and EB-3 categories may need to reassess their recruitment practices if these changes are adopted. The full impact on new applications and ongoing cases will not be clear until the proposed regulation is released and its details assessed.
The intended reforms could significantly alter how employers recruit and document their efforts to hire qualified US workers before sponsoring foreign nationals for permanent residency. This development comes as part of broader efforts by US authorities to review immigration requirements affecting foreign professionals and their sponsors. The changes aim to balance the needs of employers with the protection of American workers.
The proposed revisions to the PERM programme reflect the US government's ongoing efforts to refine its immigration policies. By enhancing protections for American workers and introducing stricter compliance measures, the proposed regulation seeks to ensure a fair and transparent process for all stakeholders involved. The regulation's impact will be closely watched by employers, immigration lawyers, and foreign nationals seeking permanent residency in the United States.
Key points
- The proposed regulation aims to enhance protections for American workers laid off and introduce stricter compliance measures for employers sponsoring green cards.
