News & Analysis as of

Green Cards PERM

Harris Beach PLLC

Paging All Nurses – Wherever in the World You Are: Immigration Options for Foreign Nurses

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As hospitals and medical centers continue to face enormous challenges in staffing, employers are looking for alternatives to meet these seemingly unfillable positions. The high demand for foreign nurses has contributed to a...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws?

Massachusetts is expected to enact its own pay transparency statute any day now. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant...more

BakerHostetler

New Green Card Path for High-Achieving Employees

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On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more

Seyfarth Shaw LLP

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Shaw LLP on

In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more

Holland & Hart - Employers' Lawyers

Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Jackson Lewis P.C.

USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart

Jackson Lewis P.C. on

Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more

Fisher Phillips

Time to Pause on PERM? 6 Reasons the National Interest Waiver is Rising as a Workplace Immigration Solution

Fisher Phillips on

Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic,...more

Jackson Lewis P.C.

Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

Jackson Lewis P.C. on

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over...more

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification: Part 1

Jackson Lewis P.C. on

This is the first of a two-part series on the three factors to consider when evaluating the possible impact a job change could have on a certified PERM labor certification and a foreign national’s green card process. ...more

Holland & Hart - Employers' Lawyers

Employment Based Green Card Processing: What Employers Should Know Regarding the Importance of Drafting the PERM Notice of Filing

To hire a foreign worker on a permanent basis, the most common pathway for employers to sponsor an employee for a Green Card is through obtaining a permanent Labor Certification from the U.S. Department of Labor (DOL). This...more

Kerr Russell

Immigration Insider | April 2023

Kerr Russell on

Information regarding priority date retrogression, CBP stampless entry and increased DOL processing times are included in this month’s edition of Immigration Insider....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment-Based Immigration Updates for 2023

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Harris Beach PLLC

Understanding "Business Necessity" in the PERM Labor Certification Process

Harris Beach PLLC on

For employment-based green card sponsorship, employers must provide the Department of Labor with the education, training, and experience requirements for the offered position, as part of the PERM labor certification process....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Foreign Worker Visas Issues Could Complicate Employers’ Planned Reductions in Force

Businesses across industries are reducing their workforces and implementing hiring freezes amid increasing labor costs and fears of slower economic growth. In fact, reports suggest that tens of thousands of workers could be...more

Mintz - Employment Viewpoints

PERM Recruitment Impacted by “Pay Transparency” Laws

Employers may already be aware of existing state and city laws regarding “pay transparency,” which require certain employers to publish “pay scales” in job advertisements. These pay transparency laws generally require that a...more

Constangy, Brooks, Smith & Prophete, LLP

Pay transparency laws could affect PERM recruitment, unless preempted by federal law or exempted

One of the most common types of employment-based green card sponsorships requires PERM labor certification. But do employers have to comply with applicable pay transparency laws when making their PERM recruitment efforts? At...more

Harris Beach PLLC

Immigration Not Yet a Perfect Answer to Nursing Shortage

Harris Beach PLLC on

Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more

Gibney Anthony & Flaherty, LLP

Immigrant Visa Availability in FY 2023 and the October 2022 Visa Bulletin

October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the...more

Jackson Lewis P.C.

Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings

Jackson Lewis P.C. on

Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join...more

Holland & Hart - Employers' Lawyers

Follow Appropriate Recruitment Processes in PERM Labor Certification

Question: Facebook was recently in the news for failing to engage in good-faith recruitment in the PERM labor certification process. What happened, and what can other employers do to avoid potential liability?...more

Jackson Lewis P.C.

Department of Justice Action Suggests Employers Need to Adjust How They Recruit Foreign Workers

Jackson Lewis P.C. on

The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are...more

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