US Moves To Revise Green Card Sponsorship Rules

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 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 LEADERSHIP on Wednesday, the proposed changes would revise recruitment requirements for employers seeking to sponsor foreign workers for permanent residency.

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

The proposed review could significantly overhaul the PERM programme, whose regulations have not been comprehensively updated since 2005.

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

The advisory stated, “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.”

According to Fragomen, the proposed regulation would focus on three major areas: recruitment requirements, protections for American workers affected by layoffs and compliance with federal non-discrimination rules.

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

Employers could also face stricter requirements when recruiting foreign workers for positions affected by layoffs, alongside enhanced obligations to ensure that recruitment and hiring practices comply with federal non-discrimination requirements.

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

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 stakeholders to examine the proposed requirements and submit comments.

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 stakeholder submissions before deciding whether to issue a final regulation.

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

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

Employers sponsoring foreign workers under the EB-2 and EB-3 immigrant visa categories may need to review their recruitment procedures and compliance practices if the changes are adopted.

The potential reforms could also affect foreign professionals seeking permanent residency through employer sponsorship, particularly where recruitment standards and requirements relating to layoffs influence their applications.

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.