Green card sponsorship rules set for first major update since 2004

• White House completes review of proposed PERM overhaul
• PERM is the first step in employer-sponsored green cards
• Rule would tighten recruitment, layoff and non-discrimination standards
• Public comment period expected once proposal is published

THE WHITE HOUSE has completed its review of a Labor Department proposal to overhaul PERM, the permanent labor certification process that is the first step for employers sponsoring foreign workers for a green card.

The proposal would revise the PERM labor market test and other parts of the program, which was last updated in 2004. The Labor Department sent it to the White House Office of Management and Budget for review in July.

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What could change

The full details will not be known until the proposal is published. According to the department’s description, it would:

• Revise the minimum standards for recruiting qualified US workers under the PERM labor market test
• Strengthen rules on US worker layoffs
• Tighten employer compliance with non-discrimination requirements in recruitment and hiring

What happens next

Once the proposal is published in the Federal Register, the Labor Department is expected to accept public comments for 30 or 60 days. The rule will not take effect until those comments are considered and a final version is issued.

Wider crackdown

The proposal comes amid a broader crackdown on the PERM program by the administration’s Anti-Fraud Task Force, led by Vice President JD Vance.

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Earlier this month, the US suspended the PERM programs of eight tech employers, including Microsoft, Adobe, Infosys and the Tata Group.

Indian professionals make up a large share of foreign workers seeking employment-based green cards, making the changes closely watched by the Indian American community.

(With inputs from PTI)