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The United States government is moving to revise employment-based green card sponsorship requirements following the completion of a federal review of proposed changes to the Permanent Labor Certification (PERM) programme.
The proposed regulation, developed by the US Department of Labor (DOL), has cleared review by the Office of Management and Budget (OMB), paving the way for its publication in the Federal Register.
According to an immigration advisory published by Fragomen on October 26, 2026, 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.
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The development represents a potential overhaul of the PERM programme, whose regulations have not undergone a comprehensive update since 2005.
US proposes changes to PERM recruitment
The Department of Labor intends to revise standards governing how employers recruit qualified American workers before sponsoring foreign nationals for permanent employment.
- Under the existing PERM framework, employers must demonstrate that there are insufficient qualified, willing and available US workers for the position being offered to a foreign national.
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 would focus on three major areas:
- Recruitment requirements: Revising the minimum standards employers must meet when testing the US labour market for qualified American workers.
- Worker layoffs: Strengthening rules governing recruitment and sponsorship where US workers have been affected by layoffs.
- Non-discrimination compliance: Enhancing employer obligations to comply with federal non-discrimination requirements during recruitment and hiring.
However, the specific provisions of the proposed regulation remain confidential pending publication in the Federal Register.
Proposed PERM rule awaits public consultation
Following the completion of OMB’s review, the Department of Labor is expected to publish the proposed regulation in the Federal Register.
- Once published, the agency is expected to open a public consultation period lasting either 30 or 60 days.
- During this period, employers, immigration attorneys, businesses and other stakeholders will have an opportunity to submit comments on the proposed changes.
- The Department of Labor will then review the submissions before determining whether to finalise the regulation.
The proposed requirements will not take effect until the rulemaking process is completed and a final regulation is issued.
US reviews foreign worker immigration rules
The proposed changes come amid broader efforts by US authorities to revise immigration requirements affecting foreign professionals and employers sponsoring international workers.
- In March 2026, Nairametrics reported that the US Department of Labor was considering higher prevailing wage requirements for foreign workers under the H-1B, H-1B1, E-3 and PERM labour certification programmes. The proposal could increase employment costs for businesses sponsoring foreign professionals.
- In August, Nairametrics reported that the US government was considering eliminating the 60-day grace period allowing certain foreign workers who lose their jobs to find new employment, change immigration status or leave the country.
- Earlier, Nairametrics explained how the EB-3 visa provides a pathway to US permanent residency for eligible foreign workers, including Nigerians, through employer sponsorship and labour certification.
More recently, Nairametrics reported that US immigration authorities denied 35,767 employment authorisation applications from green card applicants in the third quarter of fiscal year 2026, representing approximately 44% of decisions during the period.
