Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more
Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more
In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...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
Over the course of the past few months, several major tech companies in the United States have announced large-scale layoffs. Major companies announcing such layoffs include Meta (formerly Facebook), Amazon, HP, Google, and...more
At a time when health care is critical, physician shortages and other challenges continue to beset the United States. Vacancies and shortages in health care staffing are causing glaring deficiencies in meeting patient needs...more
Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the...more
The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more
In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more
On April 22, 2020, the President signed Proclamation 10014 which temporarily suspended U.S. Embassies from issuing green cards (permanent residency) for immigrants applying outside the U.S for 60 days. Yesterday, the...more
PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more
On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more
Each month, the Department of State (“DOS”) publishes current immigrant visa availability information in its Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available to prospective immigrants...more
On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more
On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more
The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more