After 21 years, the US is getting closer to updating its PERM green card rules.
The US has completed a review of proposed PERM green card rule amendments, with public consultation following. Employers in India may change their requirements for employees.
The United States has completed a major evaluation of proposed modifications to the PERM labor certification program, paving the way for a public consultation on standards that have remained essentially unaltered since 2005.
The OMB has finished its examination of the Department of Labor's (DOL) proposed regulation. The next stage is to publish in the Federal Register, followed by a 30- or 60-day public comment period.
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What Might Change Under the New PERM Rules?
The Department of Labor has indicated that the proposal will focus on three areas:
Recruitment Requirements: Employers should revise their minimal standards for hiring qualified US workers before sponsoring international staff.
Worker Layoffs: Tightening the standards governing layoffs of US workers.
Employer Compliance: Strengthening rules for nondiscrimination in recruitment and hiring.
The exact facts will be kept confidential until the plan is published. Employers and immigration professionals would then have the opportunity to evaluate the proposed adjustments and provide comments.
PERM labor certification is an important stage for many employment-based US green card applications, especially those sponsored by employers under the EB-2 and EB-3 categories.
Foreign professionals seeking permanent residency through employer sponsorship may be impacted if the new rules alter recruitment procedures, compliance duties, or the time employers must complete certification.
The proposal does not make immediate adjustments. After the public comment period has ended, the DOL must examine the feedback and provide a final rule with a specific implementation date.
Timing is important. Employers may face increasing scrutiny of their recruitment procedures and paperwork as DOL investigations and enforcement actions focus on PERM.
Travunited Take:
We consider this as a warning to Indian professionals seeking US green cards through employer sponsorship. Keep an eye on the final regulation, but don't expect it to affect existing applications immediately.
US PERM Green Card Rules Update: Frequently Asked Questions
1. What is the US PERM green card rule update?
The US Department of Labor (DOL) is preparing proposed changes to the Permanent Labor Certification (PERM) programme, which employers use to sponsor eligible foreign workers for employment-based green cards. The proposal has cleared federal regulatory review but is not yet a final rule.
2. What does PERM mean in US immigration?
PERM stands for Program Electronic Review Management. It is the labor certification process through which employers generally demonstrate that qualified, willing, and available US workers are not available for a sponsored position under the applicable requirements.
3. Why is the US updating PERM rules after 21 years?
The DOL aims to modernise recruitment standards, strengthen protections for US workers affected by layoffs, improve compliance with non-discrimination requirements, and update procedures to reflect changes in recruitment practices.
4. Which green card categories could be affected by the PERM changes?
The changes could affect employer-sponsored green card applications in categories such as EB-2 and EB-3, where PERM labor certification is generally required unless an exemption applies.
5. Will the new PERM rules affect Indian professionals working in the US?
Potentially, yes. Indian professionals seeking employer-sponsored permanent residency may be affected if their employers must follow revised recruitment or compliance requirements. The exact impact will depend on the final rule and individual circumstances.
6. What changes are being proposed to the PERM process?
The proposal is expected to address:
Recruitment standards for US workers.
Protections for US workers affected by layoffs.
Employer compliance with non-discrimination requirements.
Procedures for maintaining recruitment and application records.
The full proposed text must be published before the specific changes can be confirmed.
7. Have the new PERM rules officially taken effect?
No. As of October 29, 2026, the proposal has cleared review by the Office of Management and Budget (OMB), but it still needs to be published for public comment. A final rule and effective date would follow the rulemaking process.
8. Will pending PERM applications be affected?
The impact on pending applications has not been confirmed. Applicants and employers should wait for the published proposal and final rule rather than assume that existing applications will automatically be affected.
