The United States is preparing for a major overhaul of the employment-based green card process, with the Department of Labor proposing significant changes to the Permanent Labor Certification (PERM) programme for the first time in more than two decades.
PERM is the labour certification process that employers must complete before sponsoring a foreign worker for an employment-based green card. Under the current system, companies must demonstrate that no qualified American worker is available for the position before hiring a foreign national.
According to reports, the Department of Labor believes the existing framework, introduced in 2004, no longer reflects today’s hiring practices, particularly the widespread use of digital recruitment and online hiring platforms. The proposed reforms aim to modernize the process while strengthening oversight of employment-based immigration.
A key feature of the proposed changes is a stricter recruitment process for employers. Companies would be required to make more comprehensive and verifiable efforts to recruit qualified U.S. workers before seeking approval to hire foreign professionals. The updated framework is also expected to provide additional safeguards for American workers, particularly those who have recently been laid off, by taking such factors into account during the labour certification review.
The proposed PERM reforms are part of a broader effort to reshape employment-based immigration policies. They follow recent changes to the H-1B visa lottery system and proposals to increase wage requirements for H-1B workers. Together, these measures are intended to ensure that employment opportunities are first made available to eligible American workers before companies turn to overseas talent.
Beyond immigration, the Department of Labor is also working on several other regulatory changes. These include new rules on the classification of independent contractors, workplace heat safety standards, mine safety regulations, employment rules for younger workers, and updates to labour laws affecting tipped employees and overtime eligibility.
If implemented, the proposed PERM reforms would represent the most significant update to the U.S. employment-based green card certification process since the current system was introduced in 2004. The changes are expected to have a major impact on employers that regularly sponsor foreign professionals, while reinforcing the government’s goal of giving greater priority to American workers in the hiring process.
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