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.
An advisory from immigration firm Fragomen, published on 26 October 2026, outlines that the changes aim 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.
The PERM programme has not seen a comprehensive update since 2005. 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.
Fragomen notes that 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.
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. After this 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.
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. 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. This development comes as part of broader efforts by US authorities to review immigration requirements affecting foreign professionals and their sponsors.
