US Green Card Sponsorship Rules Set for PERM Overhaul
The United States is preparing to revise its employment-based green card sponsorship rules after a proposed overhaul of the Permanent Labor Certification (PERM) programme cleared federal review. According to the US Office of Information and Regulatory Affairs, the review concluded on October 23, 2026, bringing the proposal closer to publication and public consultation.
The proposed changes, developed by the US Department of Labor (DOL), could affect how employers recruit American workers before sponsoring eligible foreign nationals for permanent residency. However, the proposal is not yet a final regulation, and the new requirements will not take effect until the rulemaking process is completed.
What the Proposed PERM Changes Involve
According to immigration law firm Fragomen, the proposed reforms focus on three main areas: recruitment standards, protections for American workers affected by layoffs, and employer compliance with federal non-discrimination requirements.
Under the existing PERM framework, employers generally must demonstrate that there are not enough qualified, willing and available American workers for a particular position. They must also show that employing a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.
The proposed overhaul aims to update these requirements to reflect changes in recruitment practices and the labour market. The programme’s regulations have not undergone a comprehensive revision in many years, making modernisation a key objective of the planned changes.
Why the Rules Matter for Green Card Applicants
PERM certification is an important step in many employer-sponsored green card applications, particularly those under the EB-2 and EB-3 employment-based immigration categories.
The process requires employers to obtain a prevailing wage determination, complete the required recruitment activities and submit a labour certification application to the Department of Labor. Once certification is granted, the employer can generally proceed with the relevant immigration petition through US Citizenship and Immigration Services.
If the proposed changes are adopted, employers may need to adjust recruitment procedures, documentation and compliance practices. Foreign professionals could also be affected by how employers demonstrate that their positions meet the applicable labour certification requirements.
When Could the New Rules Begin?
The completion of federal review does not mean the new requirements are already in force. The next expected step is publication of the proposed regulation in the Federal Register, which would allow employers, immigration lawyers, businesses and other interested parties to submit comments.
Fragomen reported that the consultation period is expected to last either 30 or 60 days, depending on the published proposal. The Department of Labor will then consider the feedback before deciding whether to issue a final regulation.
The detailed provisions remain unavailable until the proposal is officially published. Consequently, employers and applicants should avoid assuming that particular recruitment requirements or application procedures have already changed.
What Nigerian Professionals Should Know
Nigerian professionals seeking US permanent residency through employer sponsorship should continue following the existing requirements while monitoring official announcements. Those already working with employers on green card applications should ask their immigration advisers whether the proposed changes could affect their cases.
Employers considering future sponsorships should also watch for the proposed rule and its public consultation period. The final impact will depend on the provisions adopted, their effective date and any transitional arrangements announced by the government.
For now, the PERM overhaul remains a proposed regulatory change rather than a new immigration rule. Applicants should rely on official US government guidance for current requirements and seek qualified immigration advice before making decisions about their applications.
About the Author
