The United States authorities is shifting to revise employment-based green card sponsorship requirements following the completion of a federal assessment of proposed modifications to the Permanent Labor Certification (PERM) programme.
The proposed regulation, developed by the US Department of Labor (DOL), has cleared assessment by the Office of Management and Budget (OMB), paving the way in which for its publication within the Federal Register.
According to an immigration advisory printed by Fragomen on October 26, 2026, the proposed modifications would revise recruitment requirements for employers searching for to sponsor foreign workers for everlasting residency.
The reforms would additionally strengthen protections for American workers affected by layoffs and introduce extra employer compliance requirements.
The growth represents a possible overhaul of the PERM programme, whose rules haven’t undergone a complete replace since 2005.
US proposes modifications to PERM recruitment
The Department of Labor intends to revise requirements governing how employers recruit certified American workers earlier than sponsoring foreign nationals for everlasting employment.
- Under the present PERM framework, employers should display that there are inadequate certified, prepared and out there US workers for the place being supplied to a foreign nationwide.
The course of is a key requirement for many employment-based green card functions, notably these beneath the EB-2 and EB-3 immigrant visa classes.
According to Fragomen, the proposed regulation would deal with three main areas:
- Recruitment requirements: Revising the minimal requirements employers should meet when testing the US labour market for certified American workers.
- Worker layoffs: Strengthening guidelines governing recruitment and sponsorship the place US workers have been affected by layoffs.
- Non-discrimination compliance: Enhancing employer obligations to adjust to federal non-discrimination requirements throughout recruitment and hiring.
However, the precise provisions of the proposed regulation stay confidential pending publication within the Federal Register.
Proposed PERM rule awaits public session
Following the completion of OMB’s assessment, the Department of Labor is anticipated to publish the proposed regulation within the Federal Register.
- Once printed, the company is anticipated to open a public session interval lasting both 30 or 60 days.
- During this era, employers, immigration attorneys, companies and different stakeholders may have a chance to submit feedback on the proposed modifications.
- The Department of Labor will then assessment the submissions earlier than figuring out whether or not to finalise the regulation.
The proposed requirements is not going to take impact till the rulemaking course of is accomplished and a ultimate regulation is issued.
US opinions foreign employee immigration guidelines
The proposed modifications come amid broader efforts by US authorities to revise immigration requirements affecting foreign professionals and employers sponsoring worldwide workers.
- In March 2026, Nairametrics reported that the US Department of Labor was contemplating greater prevailing wage requirements for foreign workers beneath the H-1B, H-1B1, E-3 and PERM labour certification programmes. The proposal may enhance employment prices for companies sponsoring foreign professionals.
- In August, Nairametrics reported that the US government was considering eliminating the 60-day grace period permitting sure foreign workers who lose their jobs to discover new employment, change immigration standing or go away the nation.
- Earlier, Nairametrics defined how the EB-3 visa supplies a pathway to US everlasting residency for eligible foreign workers, together with Nigerians, by employer sponsorship and labour certification.
More recently, Nairametrics reported that US immigration authorities denied 35,767 employment authorisation functions from green card candidates within the third quarter of fiscal 12 months 2026, representing roughly 44% of selections in the course of the interval.
