US Moves to Update Rules for Foreign Worker Green Cards

The United States is planning to revise its employment-based green card sponsorship requirements after a proposed overhaul of the Permanent Labor Certification (PERM) programme cleared a federal review, according to an immigration advisory.

The regulation, drafted by the US Department of Labour, has passed review by the Office of Management and Budget (OMB) and is now cleared for publication in the Federal Register.

The proposed changes, reported by Fragomen on October 26, aim to update recruitment standards for employers sponsoring foreign workers, bolster protections for American workers affected by layoffs, and impose stricter compliance requirements.

The PERM programme, which requires employers to prove there are no qualified American workers available before hiring foreign nationals, has not seen a comprehensive regulatory update since 2005.

It is a critical step for many employment-based green cards, particularly under the EB-2 and EB-3 categories.

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

“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,” the advisory read.

The proposed regulation would focus on recruitment requirements, protections for American workers affected by layoffs, and compliance with federal non-discrimination rules.

It would revise the minimum standards employers must meet when testing the US labour market and strengthen requirements governing recruitment and sponsorship where US workers have been affected by layoffs.

Employers could also face enhanced obligations to ensure hiring practices comply with federal non-discrimination requirements.

Specific provisions of the proposed regulation remain confidential pending publication in the Federal Register, which would open the proposal to public scrutiny.

The public consultation period is expected to last 30 or 60 days, after which the Department of Labor will review submissions before deciding whether to issue a final regulation. The proposed requirements will not take effect until the rulemaking process is completed.