US green card alert: White House completes key phase for PERM overhaul, but key details remain under wraps | Today’s news
The White House has completed a review of a proposal to overhaul the US Permanent Labor Certification (PERM) process, a key step in sponsoring foreign workers for employment-based green cards, PTI reported.
The proposed changes aim to revise the labor market test and other aspects of the PERM program, whose rules were last revised in 2004. The U.S. Department of Labor submitted the proposal to the White House’s Office of Management and Budget (OMB) for review in July.
The proposal is moving forward amid a broader enforcement crackdown on the PERM program by the Trump administration as part of measures taken by an anti-fraud task force led by Vice President JD Vance.
Earlier this month, the US suspended PERM programs involving Microsoft, Adobe, TCS, Infosys and four other technology employers, including Infosys Technologies and the Tata Group.
The proposed revision could affect how employers recruit workers and demonstrate compliance with labor certification requirements before sponsoring eligible foreign workers for permanent residency. However, the specific provisions will not be clear until the proposed rule is published.
What changes are being proposed to the PERM process?
According to the description of the proposed rule, the Department of Labor intends to revise the minimum standards for hiring skilled U.S. workers under the PERM labor market test.
The proposal also seeks to strengthen rules surrounding the layoff of American workers and improve employer compliance with nondiscrimination requirements in recruiting and hiring.
Under the PERM process, employers sponsoring foreign workers for certain employment-based green cards generally must demonstrate that sufficient, able, willing, and qualified American workers are not available for the position and that the employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed American workers.
The aim of the proposed changes is to update the framework governing this process, which has remained largely unchanged since 2004.
For employers, the revisions could mean changes to hiring practices and compliance requirements. The consequences for foreign workers will depend on the final provisions and how they apply to different cases.
When might the new PERM rules go into effect?
The completion of the White House review does not mean that the proposed changes have already become law.
Once the proposal is published in the Federal Register, the Labor Department is expected to invite public comment for either 30 or 60 days.
The Department will consider feedback before finalizing the regulation. The new requirements will not take effect until the rule is finalized and its effective date is reached.
Until then, employers and foreign workers must continue to comply with existing PERM requirements.
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The PERM overhaul comes amid heightened scrutiny
The proposed rule comes at a time of increased scrutiny of the PERM program by the Trump administration. Reported suspensions involving Microsoft, Adobe, Infosys Technologies, Tata Group and other technology employers have added to concerns about compliance with employment-based immigration requirements.
PERM is generally the first major stage of the employment-based green card process for workers whose cases require labor certification. Once certified, the employer may generally proceed with the relevant immigrant petition, subject to applicable requirements.
For foreign professionals, including Indian tech workers, seeking permanent residency through employer sponsorship, the proposed overhaul is a development to watch.
The exact impact will depend on the text of the proposed regulation, the public comments received, and the final rules adopted by the Department of Labor.
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