The United States (U.S.) government has cleared a administrative hurdle toward revising employment-based Green Card sponsorship rules for foreign professionals.
The U.S. Department of Labor (DOL) has completed its interagency federal review of proposed updates to the Permanent Labor Certification (PERM) process.
The PERM program, the foundational recruitment step for most foreign workers seeking permanent residency through EB-2 and EB-3 visa categories, has not received a comprehensive regulatory update since 2005.
The impending overhaul marks one of the most significant shifts in employment-based immigration compliance in more than two decades.
The proposed changes would revise recruitment standards for employers seeking to sponsor foreign workers for permanent residency.
The reforms would also strengthen protections for American workers affected by layoffs and introduce additional employer compliance requirements.
The development could overhaul the PERM programme, whose regulations have not been comprehensively updated since 2005.
“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 revision to the U.S. green card sponsorship rules would focus on three major areas: recruitment requirements, protections for American workers affected by layoffs, and compliance with federal non-discrimination rules.
The proposed changes would revise the minimum standards employers must meet when testing the US labour market for qualified American workers.
They would also strengthen requirements governing recruitment and sponsorship in situations where US workers have been affected by layoffs.
In addition, employers could face enhanced obligations to ensure their recruitment and hiring practices comply with federal non-discrimination requirements.
However, the specific provisions of the proposed regulation remain confidential pending publication in the Federal Register.
Following the completion of OMB’s review, the Department of Labor is expected to publish the proposed regulation in the Federal Register.
The publication would open the proposal to public scrutiny and allow employers, immigration lawyers, businesses, and other stakeholders to submit comments.
The public consultation period is expected to last either 30 or 60 days, although the final duration will depend on the published proposal.
After the consultation period, the Department of Labor will review the submissions before deciding whether to issue a final regulation.
The proposed requirements 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 their efforts to hire qualified Americans before sponsoring foreign nationals for permanent residency.
Employers seeking to sponsor workers through the EB-2 and EB-3 categories may need to review their recruitment procedures and compliance practices if the proposed changes are adopted.
The potential changes may also be significant for foreign professionals seeking permanent residency through employer sponsorship, particularly where recruitment requirements or rules concerning layoffs influence the process.
However, the precise implications for new applications and cases already underway cannot be determined until the proposed regulation is published and its provisions are examined.
The development comes amid broader efforts by U.S. authorities to review immigration requirements affecting foreign professionals and employers sponsoring international workers.
