US Moves to Revise Green Card Sponsorship Rules

The United States government is moving to revise employment-based green card sponsorship requirements after proposed changes to the Permanent Labour Certification (PERM) programme cleared federal review.

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

According to an immigration advisory published by law firm Fragomen on October 26, the reforms would change how employers recruit workers before sponsoring foreign nationals for permanent residency.

The PERM programme is a key requirement for many employment-based green card applications, particularly those under the EB-2 and EB-3 categories. Under the existing framework, employers must demonstrate that there are insufficient qualified, willing and available American workers for the position before sponsoring a foreign national.

The proposed changes would focus on three main areas: recruitment standards, protections for American workers affected by layoffs and employers’ compliance with federal non-discrimination requirements.

Under the proposed framework, employers could face revised requirements for advertising vacancies and demonstrating that they have made adequate efforts to recruit qualified American workers before hiring foreign nationals for permanent positions.

The reforms would also strengthen rules governing recruitment and sponsorship in situations where American workers have been laid off. Employers could face additional obligations to demonstrate compliance with labour certification requirements in such circumstances.

Another area of focus is non-discrimination. Employers may be required to meet enhanced standards to ensure their recruitment and hiring practices comply with federal rules.

However, the specific provisions remain confidential pending publication of the proposed regulation in the Federal Register.

Once published, the proposal is expected to undergo a public consultation period, likely lasting 30 or 60 days. Employers, immigration lawyers, businesses and other stakeholders will be able to submit comments for consideration by the Department of Labor.

The department will review the submissions before deciding whether to issue a final regulation. The proposed requirements will not take effect until the rulemaking process is completed and a final rule is issued.

The PERM programme has not undergone a comprehensive regulatory update since 2005, making the proposed changes potentially significant for employers and foreign professionals seeking permanent residence through employment.

For Nigerian and other international professionals pursuing employer-sponsored green cards, the eventual impact will depend on the final provisions, implementation timeline and any transitional arrangements.

Until the proposed rule is formally published and finalised, existing requirements remain applicable. Employers and prospective applicants should monitor official announcements rather than assume the proposed changes are already in force.