The United States government is preparing to revise the rules governing employment-based Green Card sponsorship following the completion of a federal review of proposed changes to the Permanent Labour Certification (PERM) programme.

The proposed regulation, developed by the US Department of Labor (DOL), has cleared review by the Office of Management and Budget (OMB), setting the stage for its publication in the Federal Register.

According to an immigration advisory by Fragomen, the proposed reforms would introduce changes to recruitment requirements for employers sponsoring foreign nationals for permanent residency, strengthen protections for American workers affected by layoffs and impose additional compliance obligations on employers.

The planned overhaul could bring the most comprehensive update to the PERM programme in more than two decades, as its regulations have not been comprehensively revised since 2005.

Under the current system, employers seeking to sponsor foreign workers for permanent employment must demonstrate that there are insufficient qualified, willing and available American workers to fill the positions.

The PERM labour certification process is a key requirement for many employment-based Green Card applications, particularly those filed under the EB-2 and EB-3 immigrant visa categories.

Fragomen said the proposed regulation focuses on three principal areas: recruitment standards, protections for American workers affected by layoffs and compliance with federal non-discrimination requirements.

The proposed changes are expected to revise the minimum recruitment standards employers must meet when establishing whether qualified American workers are available for advertised positions.

The reforms would also strengthen requirements for employers seeking labour certification in circumstances involving layoffs, with the aim of safeguarding the employment interests of American workers.

In addition, employers could face enhanced obligations to ensure their recruitment and hiring procedures comply with federal non-discrimination laws.

However, the specific provisions of the proposed regulation have not been made public, pending its publication in the Federal Register.

Following the completion of the OMB review, the Department of Labor is expected to release the proposal for public consultation. Employers, immigration attorneys, businesses and other interested parties will then be able to submit comments on the proposed changes.

The consultation period is expected to run for either 30 or 60 days, depending on the terms set out in the published proposal.

After the consultation closes, the Department of Labor will consider the submissions before deciding whether to adopt the proposed changes through a final regulation.

The reforms will not take effect immediately, as the rulemaking process must be completed and a final regulation issued.

Until then, the existing PERM requirements remain applicable to employers sponsoring foreign nationals for permanent employment in the United States.