The United States is considering changes to green card sponsorship rules that could affect employers hiring foreign workers, including Indian professionals seeking permanent residency. The proposed revisions to the Permanent Labour Certification (PERM) programme aim to strengthen recruitment requirements, address layoffs of American workers and improve employer compliance with non-discrimination rules.

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The proposal, developed by the US Department of Labor (DOL), completed White House regulatory review on October 23, 2026. It must now be published in the Federal Register for public consultation before the department can consider finalising the changes.

PERM is a key step in many employment-based green card applications. Employers generally must demonstrate that there are insufficient qualified, willing and available US workers for a particular position before sponsoring a foreign national. The process is particularly relevant to applicants under the EB-2 and EB-3 categories.

The proposed changes focus on three areas: minimum recruitment standards, requirements relating to layoffs of US workers and compliance with federal non-discrimination rules. However, the detailed provisions have not yet been made public, making it difficult to assess their potential impact on application costs, processing timelines or eligibility.

Once the proposal appears in the Federal Register, employers, immigration lawyers and other stakeholders will have an opportunity to submit comments. The department will consider the feedback before deciding whether to issue a final regulation.

For now, the existing PERM requirements remain in force. Indian professionals pursuing employer-sponsored green cards should monitor official announcements and consult their employers or immigration lawyers before making decisions based on the proposed changes.

The eventual impact will depend on the final rules and their effective date. Regulatory review alone does not change the current green card sponsorship process.