US plans major changes to Green Card sponsorship under PERM programme: Details here
The Department of Labor is considering changes to PERM, which employers generally complete before sponsoring workers for EB-2 and EB-3 Green Cards.
The United States is considering substantial alterations to its employment-based Green Card sponsorship system, specifically targeting the Permanent Labour Certification (PERM) program, following federal approval of a proposal. These proposed modifications may impact the hiring process of employers who wish to sponsor foreign professionals for permanent residency in the United States.
The primary focus of the suggested changes is to improve recruitment criteria, safeguard American workers from potential job losses, and ensure conformity with federal non-discrimination regulations. The Program Electronic Review Management (PERM) is a labor certification procedure that US employers must complete before sponsoring qualified foreign workers for employment-based Green Cards in categories such as EB-2 and EB-3.
Under the current rules, employers must demonstrate that there are not enough qualified, willing, and available US workers for a position before sponsoring a foreign national for permanent employment. The Department of Labor (DOL) intends to address three key aspects of the PERM labor certification process in the proposed revisions.
Recruitment and advertising requirements may undergo revised advertising procedures and stricter documentation requirements, according to the DOL. Additionally, the proposal aims to strengthen protections for US workers who have recently undergone layoffs by subjecting employers to additional conditions or compliance obligations when pursuing labor certification for foreign workers.
Stricter non-discrimination standards will also be implemented, requiring employers to provide clearer evidence that their recruitment and hiring practices comply with federal equal employment opportunity and non-discrimination requirements. Despite the potential benefits of these proposed changes, the full details of the proposed regulatory text remain undisclosed.
Employers and foreign nationals seeking employment-based permanent residency may face increased compliance costs, longer processing times, or additional challenges due to these modifications.
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