?The United States (US) government is planning to introduce its biggest change in over 20 years to its work visa rules, making it harder for foreign workers to get permanent work visas (green cards) through their employers.
A comprehensive regulatory proposal designed by the US Department of Labor (DOL) has cleared the review by the federal Office of Management and Budget (OMB).
The move paves the way for formal publication in the Federal Register, marking the first major structural revision to the Permanent Labor Certification (PERM) program since 2005.
At its core, the Permanent Labor Certification (PERM) program, which derives its name from the Program Electronic Review Management system used to process applications, is a mandatory Department of Labour process that allows American employers to sponsor foreign nationals for a permanent employment-based green card, granting them lawful permanent residency.
The impending policy shift strikes at the heart of this corporate labor pipeline, particularly affecting international professionals seeking residency through the EB-2 and EB-3 visa classifications.
By resetting how American businesses recruit domestic workers before sponsoring foreign talent, the regulation threatens to lengthen processing timelines, raise compliance burdens, and restrict employment pathways for foreign workers including large pools of high-skilled talent from countries like India and Nigeria.
The mechanics of the PERM shift
Under current immigration statutes, a US employer seeking to sponsor a foreign worker for a permanent role must first conduct a rigorous labor market test.
This requires demonstrating that no qualified, willing, and available American worker can be found to fill the position.
The proposed PERM reform focuses on three primary operational pillars designed to protect the domestic workforce. First, the Department of Labor intends to revise recruitment baselines by raising the mandatory minimum standards employers must meet when testing the domestic job market for qualified American candidates.
Second, the proposal establishes stricter layoff protections, creating tighter guidelines and sponsorship restrictions for companies that have recently executed workforce reductions among their US employees.
Finally, the regulation enhances non-discrimination mandates, placing greater obligations on employers to demonstrate strict compliance with federal hiring rules throughout the recruitment phase.
While the explicit regulatory text remains confidential pending its publication in the Federal Register, its release will trigger a mandatory 30- to 60-day public comment period. This window will allow corporate sponsors, immigration attorneys, and advocacy groups to submit formal feedback before a final, enforceable rule is codified.
As corporate legal teams and foreign professionals await the official publication of the PERM rules, the direction of travel is clear: obtaining permanent residency through US employer sponsorship will require navigating far higher legal hurdles and stricter domestic workforce protections than at any point in recent history.