Proposed changes to the Permanent Labor Certification programme could tighten recruitment standards, strengthen protections for American workers affected by layoffs and introduce additional compliance obligations for employers sponsoring foreign professionals.
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 Labor Certification (PERM) programme.
The proposed regulation, developed by the US Department of Labor (DOL), has completed its review by the Office of Management and Budget (OMB), clearing the way for its publication in the Federal Register.
According to an immigration advisory published by Fragomen on October 26, 2026, the proposed reforms would change the recruitment standards employers must satisfy before sponsoring foreign nationals for permanent residency.
The changes are also expected to strengthen protections for American workers affected by layoffs and introduce additional compliance obligations for employers involved in employment-based immigration sponsorship.
The proposed overhaul could significantly reshape the PERM programme, whose regulations have not undergone a comprehensive update since 2005.
Under the existing framework, employers must establish that there are not enough qualified, willing and available American workers to fill a position before sponsoring a foreign national for permanent employment.
PERM certification is an important requirement for many employment-based green card applications, particularly those under the EB-2 and EB-3 immigrant visa categories.
Three Major Areas Targeted by Proposed Reforms
According to Fragomen, the proposed regulation would concentrate on three principal areas: recruitment requirements, safeguards for American workers affected by layoffs, and compliance with federal non-discrimination rules.
The proposed changes would revise the minimum standards employers must satisfy when assessing the US labour market for qualified American candidates.
Employers could also face stricter recruitment and sponsorship requirements in circumstances where American workers have recently lost their jobs.
In addition, companies may be required to strengthen their recruitment and hiring procedures to demonstrate compliance with federal rules prohibiting discrimination.
These measures could increase the documentation and compliance responsibilities of employers seeking to hire foreign professionals permanently.
However, the specific provisions of the proposed regulation remain confidential until the Department of Labor publishes the proposal in the Federal Register.
Proposed Regulation to Undergo Public Consultation
With the OMB review completed, the Department of Labor is expected to publish the proposed rule in the Federal Register, opening it to public scrutiny.
Publication would allow employers, immigration attorneys, businesses and other interested parties to examine the proposed requirements and submit comments.
The public consultation period is expected to last either 30 or 60 days, although the final duration will depend on the details announced when the proposal is published.
After the consultation closes, the Department of Labor will review the submissions before determining whether to issue a final regulation.
The proposed changes will not take effect immediately following the OMB review. They must first pass through the remaining rulemaking stages, culminating in the issuance of a final rule.
Until that process is completed, employers and prospective green card applicants will need to rely on the existing requirements.
Potential Impact on EB-2 and EB-3 Green Card Applicants
The proposed changes could affect how employers recruit candidates, document hiring efforts and demonstrate that qualified American workers are not available before sponsoring foreign nationals for permanent residency.
Companies using the EB-2 and EB-3 immigration categories may need to reassess their recruitment procedures and compliance systems if the proposed requirements are adopted.
The reforms could also have significant implications for foreign professionals seeking permanent residency through employer sponsorship, particularly where recruitment standards and protections relating to layoffs influence an application.
However, the precise consequences for new applications and cases already in progress remain uncertain because the proposed regulation has not yet been published.
Employers and applicants will have a clearer understanding of the potential changes once the full text becomes publicly available.
Employers Await Details of the Proposed Changes
The planned review forms part of broader US efforts to examine immigration requirements affecting foreign professionals and employers that sponsor international workers.
For businesses, the proposed revisions could mean additional scrutiny of recruitment practices and greater emphasis on demonstrating compliance with labour-market protections.
For foreign workers, the eventual rules could influence the procedures employers must follow before supporting their applications for permanent residency.
The next major step is the publication of the proposed regulation, which will provide the details needed to assess its scope and potential effects.
Until the Department of Labor completes the rulemaking process and issues a final regulation, the proposed changes remain under consideration and should not be treated as requirements already in force.
