The United States government is preparing to introduce changes to employment-based green card sponsorship requirements after a proposed overhaul of the Permanent Labor Certification (PERM) programme cleared federal review.
The proposed regulation, developed by the US Department of Labor (DOL), has completed its review by the Office of Management and Budget (OMB), bringing it closer to publication in the Federal Register. According to immigration law firm Fragomen, the proposal could introduce stricter recruitment standards, strengthen protections for American workers affected by layoffs and impose additional compliance obligations on employers sponsoring foreign nationals for permanent residency.
The planned reforms could significantly reshape the PERM programme, whose regulations have not undergone a comprehensive update since 2005.
Under the existing system, employers must demonstrate that there are not enough qualified, willing and available American workers to fill a position before sponsoring a foreign national for permanent employment. The 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.
According to Fragomen, the proposed changes focus on three major areas: recruitment requirements, safeguards for American workers affected by layoffs and compliance with federal non-discrimination rules.
The new framework is expected to revise the minimum recruitment standards employers must meet when testing the US labour market. These requirements are intended to ensure that employers properly assess the availability of qualified American workers before seeking to hire foreign nationals permanently.
The proposal also seeks to strengthen protections for US workers who lose their jobs through layoffs. Employers could face additional requirements when sponsoring foreign workers for positions in circumstances where American employees have recently been laid off.
Another major focus is compliance with federal non-discrimination rules. Employers may be required to meet stronger standards to ensure their recruitment and hiring procedures comply with applicable laws and do not unfairly disadvantage workers.
However, the precise details of the proposed regulation remain undisclosed pending its official publication in the Federal Register.
With the OMB review completed, the US Department of Labor is expected to publish the proposed rule, opening it up for public consultation. Employers, immigration attorneys, businesses and other interested parties will then have an opportunity to examine the provisions and submit comments.
The consultation period is expected to last either 30 or 60 days, depending on the timeline specified in the published proposal. After the deadline, the department will consider the submissions before deciding whether to adopt the changes through a final regulation.
The proposed rules will not take effect immediately following publication. The Department of Labor must complete the rulemaking process and issue a final regulation before the new requirements can become effective.
For employers seeking to sponsor foreign workers and individuals pursuing employment-based permanent residency in the United States, the proposed changes could affect recruitment procedures and sponsorship compliance requirements. However, the full implications will become clearer once the official proposal is released.
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