US Green Card rules may change for foreign workers as the US Department of Labor advances a proposal to overhaul the Permanent Labor Certification, or PERM, process used by employers to sponsor foreign workers for employment-based permanent residency.
The proposal is currently under regulatory review after being sent to the White House Office of Information and Regulatory Affairs on September 14, 2026. It has not yet taken effect.
US Green Card Rules May Change for Foreign Workers
Under the PERM system, employers generally have to demonstrate that there are no qualified and available US workers for the position and that employing a foreign worker will not adversely affect the wages and working conditions of similarly employed US workers.
The proposed overhaul is aimed at modernising the process, updating requirements and strengthening protections for US workers.
The details could change during the regulatory process before any final rule is issued.
Why Indian Workers Are Watching the Proposal
The proposed changes are significant for Indian professionals because many Indian nationals are part of the employment-based Green Card backlog in the US.
Changes to the employer sponsorship process could therefore affect workers who are waiting to move through the permanent residency process.
The PERM stage is an important part of the employment-based Green Card process.
Employers use it to seek labour certification before proceeding with the relevant immigration petition and later stages of permanent residency.
However, the proposed PERM changes should not be confused with the separate Green Card assessment changes taking effect on September 18.
USCIS is also introducing a broader public-charge assessment for certain adjustment-of-status applications, which can consider factors including an applicant’s finances, health, family circumstances, education and use of certain government benefits.
What Happens Next
The Labor Department’s PERM proposal is still going through the regulatory review process.
A final rule would need to proceed through the required federal rule-making process before new requirements become applicable.
The development comes amid increased US scrutiny of employment-based immigration programmes.
Earlier this month, the Labor Department suspended Cognizant’s new PERM filings while an investigation into alleged fraud involving its H-1B and PERM programmes continues.
For Indian workers planning to obtain permanent residency through employer sponsorship, the final version of any PERM changes and their effective date will determine how the process is affected.
