Foreign Workers Face Slower Green Card Timelines Under Proposed US Recruitment Rules

A proposed US Department of Labor regulation clearing executive review seeks to significantly restrict how companies fire American employees while applying to sponsor foreign talent for permanent residency.

The White House Office of Management and Budget completed its regulatory check on the Permanent Labor Certification programme changes on October 23, opening the path to formal publication in the Federal Register. Once published, the public will have a 30- to 60-day window to submit formal feedback before any draft becomes law.

The focus on workforce reductions marks a direct operational challenge for corporate legal departments and human resource teams. Under current guidelines, employers must test the local workforce before sponsoring foreign workers through popular EB-2 and EB-3 Green Card tracks. 

The new draft intends to tighten rules connecting recent staff dismissals with ongoing permanent visa petitions, potentially blocking companies from sponsoring foreign professionals if US staff were let go in similar roles. Beyond layoff controls, the Labour Department outlined two additional focus areas: updating recruitment standards to reflect modern hiring tools and strengthening non-discrimination enforcement during mandatory hiring procedures. 

While the framework appeared in the federal regulatory agenda in July, specific operational parameters remain confidential until official publication.

The upcoming rules represent the first major regulatory rewrite for the PERM framework since 2005. The move coincides with aggressive Labour Department audits and enforcement initiatives targeting sponsorship practices across multiple sectors.