- The US Department of Labour has completed a federal review of proposed changes to the Permanent Labour Certification (PERM) programme, paving the way for publication in the Federal Register
- The proposed overhaul targets recruitment standards, protections for American workers affected by layoffs, and employers’ compliance with non-discrimination requirements
- PERM regulations have not undergone a comprehensive update since 2005, making the proposal a potentially significant change for employers sponsoring foreign workers for employment-based Green Cards
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The United States government is preparing to revise the rules employers must follow when sponsoring foreign workers for permanent residency, following the completion of a key federal review of proposed changes to the Permanent Labour Certification (PERM) programme.
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The US Department of Labour (DOL) proposal has cleared review by the Office of Management and Budget (OMB), according to an immigration advisory published by Fragomen on October 26, 2026.
The proposal will now move towards publication in the Federal Register, the official US government journal, where the public will have an opportunity to review the proposed changes and submit comments.
US: What the Proposed PERM Changes Cover
The PERM programme is an important step in many employment-based Green Card applications, particularly those filed under the EB-2 and EB-3 immigrant visa categories.
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Under the existing process, employers generally must demonstrate that there are no qualified, willing and available US workers for the position before sponsoring a foreign national for permanent employment.
The proposed regulation focuses on three key areas that could affect how employers recruit and sponsor foreign workers.
1. Revised Recruitment Standards
The DOL plans to revise the minimum requirements employers must meet when testing the US labour market for qualified American candidates.
These requirements are intended to establish whether suitable US workers are available for a position before an employer proceeds with sponsoring a foreign worker.
The proposed revisions could change how employers conduct and document recruitment, although the precise requirements will become clearer when the draft regulation is formally published.
2. Stronger Protections for American Workers After Layoffs
The proposal also targets recruitment and sponsorship practices in situations where an employer has previously laid off US workers.
The planned changes would tighten the rules governing these circumstances, potentially placing additional responsibilities on employers seeking to sponsor foreign nationals for positions affected by workforce reductions.
The specific conditions and compliance requirements have not yet been publicly detailed in the proposal.
3. Employer Compliance With Non-Discrimination Rules
Another area of focus is compliance with federal non-discrimination requirements during recruitment and hiring.
The proposed regulation would expand employers’ obligations in this area, reinforcing the importance of fair hiring practices when conducting labour-market recruitment for PERM applications.
The detailed provisions remain confidential until the proposed rule is formally published in the Federal Register.
US Green Card: What Happens Next?
Following publication, the proposed regulation is expected to undergo a public consultation period of either 30 or 60 days.
During this period, employers, immigration lawyers, businesses and other interested parties will be able to submit comments on the proposed requirements.
The Department of Labour will review the submissions before deciding whether to issue a final regulation. The proposal will not become an enforceable final rule simply because it has cleared the federal review stage.
Any new requirements will take effect only after the rulemaking process is completed and a final regulation is issued, subject to the effective date specified in that regulation.
Why the Proposed PERM Overhaul Matters
The existing PERM regulations have not received a comprehensive update since 2005. The proposed changes therefore represent a potentially significant shift in the process employers use to sponsor foreign professionals for permanent residency.
For employers, the eventual revisions could affect recruitment procedures, record-keeping and compliance obligations. Foreign workers pursuing employment-based Green Cards may also be affected by changes to the sponsorship process, depending on the final requirements.
However, the proposal does not mean that the United States has already changed its PERM rules. Until the draft is published and the rulemaking process concludes, the existing requirements remain in place.
The development comes as US authorities continue reviewing immigration policies affecting foreign professionals and the businesses seeking to employ them.
US Reviews Other Green Card Eligibility Rules
The proposed PERM changes come amid other developments involving US immigration policy.
On July 16, 2026, the Department of Homeland Security (DHS) announced a final rule rescinding the 2022 public charge regulation. That regulation had governed how immigration officers assessed whether an applicant was likely to rely on certain government benefits.
The change restored a more discretionary framework, allowing US Citizenship and Immigration Services (USCIS) officers to consider the relevant circumstances of individual applicants rather than relying on the previous regulation’s prescribed approach.
The public charge policy and the proposed PERM overhaul concern different aspects of immigration. While the former relates to assessments of certain applicants’ likelihood of relying on government benefits, PERM governs the labour-certification process used in many employment-based Green Card cases.
For foreign workers and their prospective employers, the key development is that the proposed PERM changes have cleared federal review but have not yet become final rules.
Source: Legit.ng