US Department of Labor to Revise Green Card Rules

The United States government is preparing to update the employment-based green card sponsorship rules following a federal review of 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 and will soon be published in the Federal Register.

This marks the first comprehensive update to the PERM process since 2005. Current rules require employers to demonstrate that no qualified American workers are available before sponsoring a foreign national for permanent residency, particularly under the EB-2 and EB-3 visa categories.

The proposed changes, according to immigration firm Fragomen, will focus on three main areas: updating labor market recruitment standards, strengthening protections for American workers affected by layoffs, and enforcing stricter compliance with federal non-discrimination laws. After publication in the Federal Register, there will be a 30 to 60-day public comment period before final regulations are issued.