US moves to tighten employment-based green card rules for foreign workers

The United States is moving to revise employment-based green card sponsorship requirements after a federal review of proposed changes to the Permanent Labor Certification (PERM) programme. The proposed regulation from the US Department of Labor has cleared review by the Office of Management and Budget, clearing the way for publication in the Federal Register.

An immigration advisory by Fragomen dated October 26, 2026, said the changes would revise recruitment standards for employers sponsoring foreign workers for permanent residency. They would also strengthen protections for American workers affected by layoffs and add employer compliance requirements.

What the PERM overhaul covers

PERM rules have not had a comprehensive update since 2005. Under the current framework, employers must show there are insufficient qualified, willing and available US workers for the position offered to a foreign national. The process is a key requirement for many employment-based green card applications, especially EB-2 and EB-3.

The proposed regulation focuses on three areas. Recruitment requirements will revise minimum standards employers must meet when testing the US labour market. Worker layoffs will strengthen rules on recruitment and sponsorship where US workers have been affected by layoffs. Non-discrimination compliance will enhance employer obligations under federal non-discrimination requirements during recruitment and hiring.

The specific provisions remain confidential until publication in the Federal Register.

Public comment before any final rule

After OMB review, the Department of Labor is expected to publish the proposal and open a public consultation period lasting either 30 or 60 days. Employers, immigration attorneys, businesses and other stakeholders can submit comments. The department will review submissions before deciding whether to finalise the regulation. The requirements will not take effect until the rulemaking process is completed and a final regulation is issued.

Wider US immigration changes

The PERM proposal comes amid broader changes affecting foreign professionals and sponsoring employers. In March 2026, the US Department of Labor was considering higher prevailing wage requirements for foreign workers under the H-1B, H-1B1, E-3 and PERM labour certification programmes. The proposal could raise employment costs for businesses sponsoring foreign professionals.

In August, the US government was considering eliminating the 60-day grace period that allows certain foreign workers who lose their jobs to find new employment, change immigration status or leave the country. For Nigerians, the EB-3 visa remains a pathway to US permanent residency through employer sponsorship and labour certification. More recently, US immigration authorities denied 35,767 employment authorisation applications from green card applicants in the third quarter of fiscal year 2026, about 44% of decisions in the period.

The proposed PERM changes could raise the compliance bar for Nigerian professionals and employers seeking US permanent residency through work sponsorship. They are not yet in force.