US green card sponsorship rules under review: Here's what could change

The proposal targets recruitment standards, US worker layoffs and employer compliance. Existing PERM rules remain in force until a final regulation takes effect

The US is set to revise the rules employers must follow when sponsoring foreign workers for employment-based green cards, after a proposed overhaul of the Permanent Labour Certification (PERM) programme cleared White House regulatory review on October 23.

 

The proposal, developed by the US Department of Labour (DOL), seeks to revise recruitment standards, strengthen requirements relating to layoffs of American workers and tighten employers’ compliance with non-discrimination rules. However, the detailed provisions have not yet been made public, and the existing rules remain in force.

 

According to the US Office of Information and Regulatory Affairs (OIRA), the proposal has completed its review. It must now be published in the Federal Register for public consultation before the department can consider finalising the changes.

 

What is the PERM programme?

PERM is a labour certification process through which employers generally must demonstrate that there are insufficient qualified, willing and available US workers for a particular job before sponsoring a foreign national for permanent employment.

 

The certification is an important step in many employment-based green card applications, particularly those under the EB-2 and EB-3 categories. Indian professionals seeking permanent residency through employer sponsorship could therefore be affected by changes to the process.

 

The proposed regulation, listed under regulatory identification number RIN 1205-AC29, is titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program”.

 

The programme has not undergone a comprehensive regulatory overhaul since 2005, making the proposed changes significant for employers and foreign workers navigating the employment-based immigration system.

 

What could change under the proposed rules?

According to the DOL’s description of the proposal, the planned revisions focus on three areas.

 

Recruitment requirements: The department intends to revise the minimum standards employers must meet when advertising jobs and recruiting qualified US workers before sponsoring foreign nationals. The precise changes to recruitment methods and documentation requirements will become clear only after publication.

 

Rules on layoffs: The proposal seeks to strengthen requirements concerning layoffs of US workers. Depending on the final provisions, employers could face additional obligations when seeking labour certification after workforce reductions.

 

Non-discrimination compliance: Employers may have to meet stronger requirements to demonstrate compliance with federal non-discrimination rules during recruitment and hiring.

 

These measures are intended to strengthen protections for US workers while changing how employers demonstrate that hiring a foreign national meets the requirements of the PERM programme.

 

However, the proposal's full text is not yet available. It is too early to determine whether the changes will increase costs, extend processing timelines or create additional hurdles for specific categories of foreign workers.

 

When could the new rules take effect?

The next step is publication of the proposed regulation in the Federal Register. The DOL is expected to invite public comments, potentially for 30 or 60 days.

 

Employers, immigration lawyers, industry bodies and other stakeholders will be able to submit feedback. The department will then consider the responses before deciding whether to issue a final rule.

 

The proposed changes will not take effect merely because they have cleared federal review. Implementation will depend on the publication of a final regulation and its specified effective date.

 

Until then, employers must continue to follow the existing PERM requirements. Applicants should not assume that the proposed revisions have already changed their eligibility or application process.

 

What should Indian green card applicants do?

Indian professionals pursuing employer-sponsored green cards should monitor the Federal Register for publication of the proposal and discuss any potential implications with their employers or immigration lawyers.

 

Applicants whose employers have already started the PERM process should confirm whether any future changes could affect their recruitment documentation or filing plans. Those considering sponsorship should also understand the current requirements and avoid making decisions based on unconfirmed details of the proposed regulation.

 

The proposal comes amid a broader review of US employment-based immigration rules, including measures affecting foreign-worker wages and employer compliance. Its eventual impact on Indian applicants will depend on the final provisions adopted by the DOL.

 

For now, the clearance marks a step towards changing the PERM framework, not an immediate change to the green card process.