US MOVES TO REVISE GREEN CARD SPONSORSHIP RULES FOR FOREIGN WORKERS

The United States government is preparing to revise employment-based green card sponsorship requirements following the completion of a federal review of proposed changes to the Permanent Labour Certification (PERM) programme.

The proposed regulation, developed by the US Department of Labour (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, and seen by PUNCH Online on Wednesday, the proposed reforms would update recruitment requirements for employers seeking to sponsor foreign nationals for permanent residency.

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The changes are also expected to strengthen protections for American workers affected by layoffs and introduce additional compliance obligations for employers.

The proposed regulation could significantly reshape the PERM programme, whose rules have not undergone a comprehensive review since 2005.

Under the existing framework, employers must demonstrate that there are insufficient qualified, willing and available American workers to fill a position before sponsoring a foreign national for permanent employment.

The labour certification process is a key requirement for many employment-based green card applications, particularly those filed under the EB-2 and EB-3 immigrant visa categories.

Fragomen said the proposed reforms would focus on three major areas: recruitment standards, protections for American workers affected by layoffs, and compliance with federal anti-discrimination requirements.

The changes would revise the minimum standards employers must satisfy when testing the US labour market for qualified local workers.

They would also strengthen recruitment and sponsorship requirements in situations where American workers have been laid off.

Additionally, employers could face stricter obligations to ensure that their recruitment and hiring practices comply with federal non-discrimination laws.

However, the specific provisions of the proposed regulation remain undisclosed pending its publication in the Federal Register.

Proposed Rule Awaits Public Consultation

Following the completion of the OMB review, the Department of Labour is expected to publish the proposed regulation in the Federal Register, opening it to public scrutiny.

The publication would allow employers, immigration lawyers, businesses and other interested stakeholders to examine the proposed changes and submit feedback.

The public consultation period is expected to last either 30 or 60 days, depending on the timeline specified in the published proposal.

After the consultation period, the Department of Labour will review the submissions before deciding whether to issue a final regulation.

The proposed requirements will not take effect until the rulemaking process is completed and a final regulation is issued.

Changes Could Affect Employment-Based Green Card Applicants

The proposed reforms could change how employers recruit workers and document their efforts to hire qualified Americans before sponsoring foreign nationals for permanent residency.

Employers seeking to sponsor foreign professionals under the EB-2 and EB-3 categories may need to review their recruitment procedures and compliance practices if the proposed changes are adopted.

The reforms could also affect foreign professionals pursuing permanent residency through employer sponsorship, particularly where recruitment standards and regulations concerning layoffs influence the certification process.

However, the precise implications for new applications and cases already in progress remain unclear until the proposed regulation is published and its provisions are examined.

The development comes amid broader efforts by US authorities to review immigration requirements affecting foreign professionals and employers sponsoring international workers.