US Moves to Revise Green Card Sponsorship Rules for Foreign Workers

SNOW TV NEWS DESK

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 Labor Certification (PERM) program.

The proposed regulation, developed by the US Department of Labor, has cleared review by the Office of Management and Budget (OMB), paving the way for its publication in the Federal Register.

According to immigration advisory firm Fragomen, the proposed reforms would update recruitment standards for employers sponsoring foreign workers for permanent residency, strengthen protections for American workers affected by layoffs, and introduce additional compliance requirements.

The PERM program plays a crucial role in many employment-based green card applications, particularly under the EB-2 and EB-3 immigrant visa categories. Under existing rules, employers must demonstrate that there are insufficient qualified, willing, and available American workers to fill the position before sponsoring a foreign national.

The regulations have not undergone a comprehensive update since 2005.

The proposed changes are expected to address three major areas: labor market recruitment requirements, protections for American workers affected by layoffs, and compliance with federal anti-discrimination rules. However, the specific provisions remain confidential pending publication.

Once published, the proposal will be open to public consultation, allowing employers, immigration lawyers, businesses, and other stakeholders to submit comments. The consultation period is expected to last 30 or 60 days, depending on the final proposal.

The Department of Labor will review 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.

SNOW TV EDITORIAL ANALYSIS

A New Challenge for Employment-Based Immigration

The proposed reforms could significantly affect how American employers recruit and sponsor foreign professionals for permanent residency. Stronger labour market protections may benefit American workers, while additional compliance requirements could increase administrative costs for businesses.

For foreign nationals seeking Green Cards, particularly skilled professionals pursuing EB-2 and EB-3 visas, the changes could make employer sponsorship more demanding.

However, the actual impact will depend on the final provisions. Employers and prospective applicants should follow official announcements rather than assume the proposed changes are already in force.