As we discussed in a recent post, equal pay transparency (EPT) laws are on the rise across the country. While complex in their own right, EPT laws introduce new risks and challenges for employers undergoing an already...more
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
The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has postponed the date for submission of permanent labor certification (PERM) applications and CW-1 applications for temporary employment...more
Whether your organization is involved in the purchase of a company, a merger of corporate entities, or the spinoff of a business unit into an entirely new company, an often-overlooked aspect is taking the proper steps to...more
The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals...more
In a pair of decisions, the Board of Alien Labor Certification Appeals found that omitting to disclose alternative minimum job requirements does not sufficiently apprise U.S. workers of a job opportunity and will, therefore,...more
The U.S. Citizenship and Immigration Services Administrative Appeals Office has issued a precedent decision in Matter of Dhanasar that sets new and broader standards for assessing eligibility for permanent resident status...more
On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more
In a recent precedent decision issued through its Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS) has created a new and flexible analytical framework for determining whether a foreign...more
Despite a wide variety of opinions about immigration, most people agree that a person who will benefit the national interest should be allowed to immigrate. While immigration law includes a path for immigration in the...more
A recent decision by the Board of Alien Labor Certification Appeals (BALCA) illustrates just how draconian decision-making with regard to labor certification filings can be at the U.S. Department of Labor (DOL), and provides...more
Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees. On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative,...more