- The US plans its biggest overhaul of the employment-based green card process since 2004, aiming to tighten recruitment rules and prioritise hiring American workers.
- The Trump Administration is preparing to overhaul employer sponsorship rules, marking the first major update to the system in more than 20 years.
- The Department of Labor is proposing major changes to green card sponsorship rules, which would reflect modern hiring practices while increasing scrutiny of employers.
- The proposed reforms are expected to place greater emphasis on hiring American workers before employers can seek green cards for foreign employees.
- The planned reforms focus on the labour market test that employers must complete before they can sponsor a foreign national for an employment-based green card.
- The PERM program has not been substantially updated since 2004, despite significant changes in recruitment practices and today's labor market.
- The proposed PERM overhaul comes as the Trump administration continues reshaping employment-based immigration policies.
- If implemented, the proposed PERM reforms would represent the most significant changes to the employment-based green card certification process since 2004.
The U.S. Department of Labor (DOL) is set to overhaul the Program Electronic Review Management (PERM) system, the labor certification process for employment-based green cards, marking the first significant update since 2004.3
Proposed changes aim to strengthen recruitment requirements and ensure that employers prioritize hiring qualified American workers before seeking foreign talent. The DOL argues that hiring practices have evolved significantly, necessitating a modernized approach to the PERM process.
The reforms could include stricter documentation standards, expanded recruitment obligations, and enhanced scrutiny of employer hiring efforts. These changes are expected to impact thousands of employers and foreign professionals seeking permanent residency each year.
According to Bloomberg Law, the planned updates are designed to strengthen oversight of employment-based immigration while reflecting modern labor market conditions. “DOL calls the changes ‘modernization’ but a key question is whether the changes will bring clarity and make the process more efficient or result in additional complexity,” said Morgan Bailey, a former senior official at the Department of Homeland Security.
The proposed PERM reforms come amid ongoing efforts by the Trump administration to reshape employment-based immigration policies, including changes to the H-1B visa lottery and increased wage requirements for foreign workers. “The planned changes could affect thousands of employers and foreign professionals seeking permanent residency each year,” the DOL noted.2
As the DOL moves forward with these reforms, the implications for both U.S. workers and foreign applicants remain to be seen, particularly regarding processing delays and compliance costs for employers.
“The overhaul would require employers to make stronger efforts to recruit qualified US workers before sponsoring foreign talent for green cards. The Labor Department calls the changes 'modernization,' but experts question whether it will bring clarity or additional complexity to an already lengthy process.”
