The United States government is preparing to revise the requirements employers must meet when sponsoring foreign workers for permanent residency, a move that could affect businesses hiring international professionals, including Nigerians seeking employment-based green cards.
The proposed changes to the Permanent Labor Certification (PERM) programme have completed review by the Office of Management and Budget (OMB), clearing a key procedural step before publication in the Federal Register.
According to an immigration advisory published by Fragomen on October 26, 2026, the proposed regulation from the US Department of Labor (DOL) would revise recruitment requirements, strengthen protections for American workers affected by layoffs and impose additional compliance obligations on employers.
The proposals could represent the most comprehensive update to the PERM programme’s regulations since 2005.
US Plans Changes to Green Card Sponsorship Requirements
The PERM programme requires employers to demonstrate that there are insufficient qualified, willing and available American workers for a position before sponsoring an eligible foreign national for permanent employment.
Labour certification is a key stage in many employment-based green card applications, particularly those under the EB-2 and EB-3 immigrant visa categories.
Under the proposed reforms, the Department of Labor intends to review the standards employers must satisfy when advertising positions and assessing the availability of qualified American workers.
According to Fragomen, the proposed changes would focus on three main areas: recruitment requirements, rules affecting employers that have laid off American workers, and compliance with federal non-discrimination requirements.
The revised recruitment standards could change how employers demonstrate that they have tested the US labour market before seeking to hire foreign workers permanently.
The proposed layoff provisions would also strengthen requirements where American employees have lost their jobs, while the non-discrimination measures would reinforce employers’ obligations during recruitment and hiring.
However, the specific provisions remain confidential pending publication of the proposed regulation in the Federal Register.
Wider US Immigration Restrictions Under Review
The proposed PERM changes come amid broader US efforts to review employment-based immigration rules and the costs and obligations associated with hiring foreign professionals.
In March 2026, the Department of Labor was considering higher prevailing-wage requirements for foreign workers under the H-1B, H-1B1, E-3 and PERM programmes. Such changes could increase employment costs for businesses that sponsor international workers.
The US government had also been considering eliminating the 60-day grace period available to certain foreign workers after losing their jobs, which allows eligible individuals time to seek new employment, change immigration status or prepare to leave the country.
The EB-3 immigrant visa category remains an important pathway to permanent residency for eligible foreign workers through employer sponsorship and labour certification.
Separately, US immigration authorities denied 35,767 employment authorisation applications from green card applicants in the third quarter of fiscal year 2026, accounting for approximately 44% of decisions during the period.
