US Reviews Green Card Sponsorship Rules for Foreign Workers

Oct 29, 2026

Foreign professionals hoping to secure permanent residency in the United States through employer sponsorship may face changes to the process as US authorities move to revise key employment-based green card requirements.

The US Department of Labor (DOL) has completed an important review stage for proposed changes to the Permanent Labor Certification (PERM) programme. The proposal has cleared review by the Office of Management and Budget (OMB), paving the way for its expected publication in the Federal Register and the start of a public consultation process.

According to an immigration advisory published by Fragomen on October 26, 2026, the proposed reforms would update recruitment standards for employers seeking to sponsor foreign workers for permanent residency. The changes would also strengthen protections for American workers affected by layoffs and introduce additional compliance obligations for employers.

The PERM programme plays a central role in many employment-based green card applications, particularly those under the EB-2 and EB-3 immigrant visa categories. Under the current framework, employers must demonstrate that there are not enough qualified, willing, and available US workers for the position before sponsoring a foreign national for permanent employment. The regulations have not undergone a comprehensive update since 2005.

The proposed changes are expected to focus on three main areas: recruitment requirements, safeguards for American workers affected by layoffs, and compliance with federal non-discrimination rules. Employers may face revised standards for advertising vacancies and demonstrating that they have made appropriate efforts to recruit qualified American workers before offering positions to foreign nationals.

The reforms could also introduce stricter requirements when employers seek to sponsor foreign workers for positions affected by layoffs. In addition, businesses may be required to strengthen their recruitment and hiring procedures to ensure compliance with federal rules prohibiting discrimination.

However, the detailed provisions remain confidential until the proposed regulation is published in the Federal Register. Following publication, employers, immigration lawyers, businesses, and other stakeholders will have an opportunity to review the proposal and submit comments. The consultation period is expected to last either 30 or 60 days, depending on the final notice.

The Department of Labor will consider feedback received during the consultation before deciding whether to issue a final regulation. The proposed changes will not take effect until the rulemaking process is completed and a final rule is issued.

For international students and foreign professionals planning to build careers in the United States, the development is worth monitoring. Although the proposal does not directly change student visa requirements, changes to employer sponsorship could influence the longer-term plans of graduates who hope to remain in the country and eventually obtain permanent residency through employment.

Graduates seeking employment-based green cards may find that employers face different recruitment procedures or documentation requirements if the reforms are adopted. Businesses sponsoring international professionals could also need to review their hiring practices and compliance systems to meet any new obligations.

For now, applicants should avoid assuming that the proposed changes will immediately affect existing or future applications. The precise impact on new sponsorship cases and applications already underway will depend on the final provisions and any implementation guidance issued by the authorities.

International students considering the United States as a study destination should continue to research post-graduation employment and immigration pathways carefully. While studying in the country can open doors to professional opportunities, securing permanent residency through employer sponsorship is a separate process, and its requirements may change over time.

Source: Punch Newspaper