PERM – US Senator Seeks Stricter Green Card Recruitment Rules for Employers

PERM –US immigration rules for foreign workers could face tighter recruitment requirements under a proposal from Missouri Senator Eric Schmitt, a move that may have implications for Indian technology professionals seeking employer-sponsored permanent residency.

Schmitt asks Labor Department to revise PERM process

Schmitt, a Republican, has urged Acting Labor Secretary Keith Sonderling to update the Program Electronic Review Management (PERM) system, which employers commonly use as the first major step when sponsoring foreign employees for employment-based green cards.

In a letter to the Labor Department, Schmitt argued that existing recruitment requirements do not adequately protect American workers. He said companies could use the current system to hire foreign employees without giving qualified US workers a meaningful opportunity to compete for the same positions.

The senator’s request does not directly change immigration law or immediately affect H-1B holders and green card applicants. Instead, it calls on the Department of Labor to consider regulatory changes and release additional information about PERM audits, suspected fraud and applicants who previously held OPT or H-1B status.

Indian professionals could be closely affected

The issue is particularly relevant to Indian technology workers because of their large presence in the US H-1B system. According to the latest US Citizenship and Immigration Services data, Indians accounted for about 70 per cent of approved H-1B petitions in fiscal 2025.

Many Indian professionals enter the US through student visas, move into Optional Practical Training and later obtain H-1B employment. Employer sponsorship for permanent residency can follow as part of that longer immigration pathway.

Any additional recruitment or documentation requirements introduced under PERM could therefore create more compliance work for companies sponsoring foreign employees.

Proposal focuses on online recruitment

Schmitt has argued that some PERM recruitment requirements have not kept pace with changes in the employment market. Under the existing system, recruitment for certain non-professional positions generally involves advertisements in two print newspapers and notification through a state workforce agency.

For professional positions, employers are not necessarily required to advertise vacancies online.

The senator said these requirements are outdated because newspaper readership has declined substantially while online recruitment has become a standard part of hiring. He wants companies to publish every PERM-related vacancy on their regular careers website as well as on at least one widely used online employment platform.

Employers could face stronger documentation duties

Under Schmitt’s proposal, employers would also need to follow the same application procedure for a PERM position that they use for comparable jobs outside the immigration sponsorship process.

Companies would be expected to maintain records of American applicants, explain why individual candidates were rejected and certify that the position was not specifically reserved for a foreign worker.

The proposal also calls for employers to contact recently laid-off US workers who may meet the requirements. Qualified candidates would need to be interviewed, while employers would have to provide written reasons when rejecting them.

No immediate changes to H-1B or green cards

Schmitt’s letter does not specifically target Indian nationals and does not introduce an immediate change to existing immigration programs. Any impact would depend on whether the Department of Labor decides to pursue the requested regulatory revisions and what requirements are ultimately included.

PERM and H-1B serve different purposes within the US immigration system. H-1B allows temporary employment in specialised occupations, while PERM is generally part of the process employers use to seek permanent residency for foreign workers.

A permanent labor certification requires the government to determine that qualified and available US workers cannot be found for the position and that hiring the foreign worker will not negatively affect similarly employed American workers.

If the proposed changes move forward, employers could face greater recruitment, record-keeping and compliance obligations during the green-card sponsorship process. For Indian technology professionals, that could make an already lengthy employment-based immigration route more demanding, although the eventual impact cannot be determined until any formal regulatory changes are published.