US Moves to Change Green Card Rules for Foreign Workers Seeking Permanent Residency
- The US Department of Labour completed a federal review of proposed changes to the PERM programme, clearing the way for publication in the Federal Register
- The proposed rule targets three areas: recruitment standards, layoff protections for American workers, and employer non-discrimination compliance
- PERM regulations have not received a comprehensive update since 2005, making the proposed overhaul a significant shift for employment-based green card sponsorship
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The United States government is preparing to overhaul the rules employers must follow when sponsoring foreign workers for permanent residency, after a key federal review of proposed changes to the Permanent Labour Certification (PERM) programme was completed.
The US Department of Labour's (DOL) proposed regulation has cleared the Office of Management and Budget (OMB) review, according to an immigration advisory published by Fragomen on October 26, 2026.
Source: Getty Images
The rule, per the Fragomen immigration advisory, will now move toward publication in the Federal Register, where it will be open for public comment.
US: What the proposed PERM changes cover
The PERM programme is a critical step in many employment-based green card applications, particularly those under the EB-2 and EB-3 immigrant visa categories.
It requires employers to show that no qualified, willing, and available US worker exists for the role before a foreign national can be sponsored for permanent employment.
The proposed regulation focuses on three areas. First, it would revise the minimum standards employers must meet when testing the US labour market for qualified American candidates.
Second, it would tighten rules around recruitment and sponsorship in cases where US workers have previously been laid off. Third, it would expand employer obligations to comply with federal non-discrimination requirements during the hiring process.
The specific provisions of the proposed rule remain confidential until formal publication in the Federal Register.
US Green Card: What happens next?
Once the Department of Labour publishes the proposed regulation, a public consultation period of either 30 or 60 days is expected to follow. Employers, immigration lawyers, businesses, and other stakeholders will be able to submit comments during this window. The DOL will review those submissions before deciding whether to finalise the rule.
The proposed requirements will not take effect until the full rulemaking process concludes and a final regulation is issued.
The existing PERM regulations have not undergone a comprehensive update since 2005, making the proposed changes one of the most significant potential reforms to the programme in over two decades.
The development comes as US authorities continue to review immigration requirements affecting foreign professionals and the employers who sponsor them.
Legit.ng reported that the US had listed occupations that qualify foreigners for employment-based Green Cards.
US revises Green Card eligibility rules
Meanwhile, Legit.ng previously reported that the US had revised its Green Card eligibility rules.
On 16 July 2026, the DHS announced a final rule rescinding the 2022 public charge regulation, a policy introduced under the previous administration that had governed how immigration officers weighed an applicant's likelihood of relying on government benefits.
The change restores a more discretionary framework, giving USCIS officers the authority to consider all relevant facts surrounding an individual applicant rather than applying a fixed standard.
Source: Legit.ng
