US Moves To Revise Green Card Rules for Foreign Workers Seeking Permanent Residency

• The US Department of Labour completed its review of proposed changes to the PERM programme, paving the way for a public consultation period
• The proposed rule targets recruitment standards, layoff protections for American workers, and employer non-discrimination compliance
• PERM regulations have not received a comprehensive update since 2005, making the proposed changes the most significant reform in over two decades

The United States government is moving closer to overhauling the rules governing how employers sponsor foreign workers for permanent residency, after a key federal review of proposed changes to the Permanent Labour Certification (PERM) programme was completed.

The US Department of Labour's (DOL) proposed regulation has cleared the Office of Management and Budget (OMB) review, according to an immigration advisory published by Fragomen on 26 October 2026.

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The rule will now advance towards publication in the Federal Register, where it will be opened for public comment.

What the proposed PERM changes cover

The PERM programme is a foundational step in many employment-based green card applications, particularly those under the EB-2 and EB-3 immigrant visa categories. Under the existing framework, employers must demonstrate that no qualified, willing, and available US worker exists for a given role before a foreign national can be sponsored for permanent employment.

The proposed regulation addresses three areas. It would revise the minimum standards employers must satisfy when testing the US labour market for qualified American candidates. It would also tighten rules around recruitment and sponsorship in situations where US workers have previously been made redundant. Additionally, it would broaden employer obligations to comply with federal non-discrimination requirements during the hiring process.

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The specific provisions of the proposed rule remain confidential until the regulation is formally published in the Federal Register.

What happens next for employers and stakeholders

Once the Department of Labour publishes the proposed regulation, a public consultation window of either 30 or 60 days is expected to follow.

Employers, immigration lawyers, businesses and other stakeholders will have the opportunity to submit comments during that period. The DOL will review those submissions before deciding whether to finalise the rule.

The proposed requirements will not take effect until the full rulemaking process concludes and a final regulation is issued.

The existing PERM regulations have not received a comprehensive update since 2005, meaning the proposed changes represent one of the most significant potential reforms to the programme in more than two decades.

The development comes as US authorities continue to scrutinise immigration requirements affecting foreign professionals and the businesses that sponsor them.

US names Ghana authorities behind Lancaster fraud arrest

Earlier, YEN.com.gh reported that two Ghanaian brothers, Jamal Abubakari and Kamal Abubakari, known by their aliases Arrangement and Lancaster, respectively, had entered guilty pleas.

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The Department of Justice announced the development on October 26, 2026, disclosing that the brothers, both 22, entered their guilty pleas on October 13, 2026.

Source: YEN.com.gh