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Landmark 20-Year Overhaul: New US PERM Labor Certification Regulations Implemented

(1) Recruitment: From Perfunctory Formality to Full Evidentiary Audit

Previously, employers could complete the recruitment requirement simply by posting a few job ads with no qualified local applicants responding. The new rules mandate companies to maintain detailed written records of every resume screening round, all interview proceedings, and specific justifications for rejecting every U.S. candidate, with full documentation retained for filing.

Impact on employers: There is virtually no leeway left to craft tailor-made job descriptions exclusively for expatriate employees. All recruitment workflows must be genuine and fully traceable.

(2) Heightened Scrutiny for Companies with Recent Layoffs

The new regulations strengthen protections for laid-off U.S. workers. If a business has recently terminated U.S. staff holding identical positions and subsequently files a green card petition for a foreign worker, the U.S. Department of Labor will subject the application to rigorous focused review. This provision heavily impacts large tech, finance and manufacturing corporations that have undergone frequent layoffs in recent years.

(3) Reduced Sponsorship Incentives for Small & Medium Enterprises

Escalated compliance costs and audit exposure will dampen the willingness of U.S.-based partner entities and subsidiaries to sponsor foreign employees for permanent resident green cards.

What Expat Assignment Companies Should Do Now

Audit all expats’ visa types & expiry dates, assess green card eligibility. EB-2/EB-3 petitions require PERM certification; start early amid tight timelines.
Review recruitment files of U.S. affiliates/partners to meet new evidence retention rules.
Draft long-term U.S. retention plans for core talents to prevent turnover from reduced sponsorship willingness.

Gonex US Work Visa Solutions

Work visas are core to cross-border assignments, involving compliance reviews, document sorting and application tracking. With coordinated domestic and overseas immigration specialists, Gonex delivers compliant, streamlined H1B and L1 executive visa services for Chinese enterprises, extending flexible processing windows for smooth U.S. secondment arrangements.

We ensure full adherence to U.S. immigration laws throughout applications, with transparent breakdowns of all fees and credentials to eliminate compliance risks and financial losses.

Why Gonex?

Experienced Management Team: each member in the team has 10+ years experiences in Overseas Human Resources Management, composed of seasoned HR professionals.

Powerful connection: Gonex has established over 10 entities worldwide, along with more than 30 stable partners, together offering the most comprehensive overseas human resource services to our clients.

Strict compliance with laws and regulations: At every step in our service process, Gonex strictly adheres to local laws and regulations, ensuring our clients completely avoid any legal disputes.

Competitive price: Gonex’s services are 20% more affordable compared to other companies in the industry, allowing our clients to allocate more resources to their core business.

What Gonex offer?

Employment of Record: This service helps clients legally hire employees in countries or regions where they do not have a legal entity established.

Payroll BPO service: This includes payroll project implementation plan development, project deployment, payroll calculation, payment of funds, administration of statutory and supplementary benefits, customized reporting, and other comprehensive payroll services.

Global Mobility: Based on the company’s internationalization strategy, the company assigns employees to overseas branches/subsidiaries and handles visa and tax matters in accordance with local policies, while assisting in the compliance management of employees throughout their international assignment life cycle.

GONEX One-Stop Solution: Your strategic partner

Compliance and Legal Adherence: GONEX’s Employer of Record (EOR) service ensures legal compliance in employing local staff.

Cross-Border Payroll and Tax Management: Streamlined payroll services simplify cross-border management.

Flexible Employment Solutions: Adaptable employment services cater to changing business needs.

International Talent Dispatch: Support services facilitate the dispatch of key talent to overseas.

Digital HR Management Platform: Technology-driven solutions enhance management efficiency and cultural integration.

Who do we serve?

Gonex served 70+ clients to expand overseas. The incomes of our clients like Mengniu, Kuaishou and CHINT are up to 192.4 billion.

Let Gonex assist you and your company with handling such complex overseas hiring processes! To access more information on corporate international expansion cases, global employment guidelines, worldwide compensation management, regulations for various regional countries, and factory establishment manuals in different nations, you are welcome to visit the GONEX official website at www.letsgonex.com to download these resources or view our company’s business introduction in PDF format (https://letsgonex.com/in.pdf).