The Trump administration perm Green Card proposal cleared Office of Management and Budget review, moving the Department of Labor’s proposed PERM rule one step closer to publication in the Federal Register. The change could affect how employers sponsor foreign workers for permanent residency under EB-2 and EB-3.
The proposal would revise recruitment standards, strengthen protections for American workers affected by layoffs and add employer compliance requirements. It also follows a PERM framework that has not been comprehensively updated since 2005.
Department of Labor review
The United States government is moving to revise employment-based green card sponsorship requirements after the federal review of the proposed changes to Permanent Labor Certification. Fragomen published an immigration advisory on October 26, 2026, saying the proposal had cleared OMB review.
Under the existing PERM framework, employers must show that there are insufficient qualified, willing and available US workers for the position before sponsoring a foreign national for permanent employment. That process is a key requirement for many employment-based green card applications, especially EB-2 and EB-3 cases.
Federal Register publication
After OMB review, the Department of Labor is expected to publish the proposal in the Federal Register. That publication would open the rule to public scrutiny and allow employers, immigration lawyers, businesses and other stakeholders to submit comments.
The public consultation period is expected to last either 30 days or 60 days. After that, the Department of Labor will review the submissions before deciding whether to issue a final regulation.
PERM compliance changes
The proposed regulation focuses on recruitment requirements, protections for American workers affected by layoffs and compliance with federal non-discrimination rules. Employers could face stronger obligations to document their recruitment and hiring efforts and to show that their practices meet the new standards.
For employers seeking to sponsor workers through EB-2 and EB-3, the practical step now is to prepare for a public comment window and review internal recruitment and compliance processes before the rule becomes final. The specific provisions remain confidential until publication in the Federal Register and do not take effect until the rulemaking process ends.
