The United States government is preparing to update employment-based green card sponsorship rules following the completion of a federal review of the Permanent Labor Certification (PERM) program.
The proposed regulation, developed by the US Department of Labor, cleared review by the Office of Management and Budget and will soon be published in the Federal Register.
The development could overhaul the PERM process, which has not seen a comprehensive update since 2005. Under current rules, employers must prove that no qualified American workers are available before sponsoring a foreign national for permanent residency, particularly under EB-2 and EB-3 visa categories.
According to immigration firm Fragomen, the proposed changes focus on three main areas: updating labor market recruitment standards, strengthening protections for American workers affected by layoffs, and enforcing stricter compliance with federal non-discrimination laws.
Once published in the Federal Register, the proposal will open for a 30 to 60-day public comment period. Employers, lawyers, and business owners will have the opportunity to submit feedback before the Department of Labor decides on a final regulation.
The new requirements will not take effect until the full rulemaking process is completed and official final regulations are issued.
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