PERM

News & Analysis as of

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

The Immigration Accountability Executive Actions: Ramifications for Business

On November 20 and 21, 2014, President Obama announced his plan for executive action on the United States’ immigration problems, known as the immigration accountability executive actions. The actions represent the most...more

Visa Restrictions on Foreign Entrepreneurs to Ease Under Obama Immigration Directives

President Barack Obama’s immigration directives, announced on November 20, 2014, include a plan to ease visa restrictions, “mak[ing] it easier and faster for high-skilled immigrants, graduates, and entrepreneurs to stay and...more

President Obama Announces Executive Actions on Immigration

The actions will prioritize immigration enforcement, offer temporary work authorization to undocumented immigrants, and implement changes that benefit highly skilled workers....more

President Obama's immigration actions: What employers need to know

On November 20, 2014, President Obama announced a series of executive and administrative actions intended to streamline, modernize and simplify elements of the U.S. immigration system. While programs such as Deferred Action...more

More than Amnesty – How Obama’s Executive Action Will Impact Your Business and Foreign Workers

On November 20, 2014, President Obama unveiled a broad executive action overhauling our immigration system. While the rest of the world will continue debating aspects of the law related to border security and temporary relief...more

Obama Immigration Executive Action: How It Affects Business and Employment

In a bold move, on November 20, 2014, President Barack Obama announced his Immigration Accountability Executive Actions to address flaws in the current immigration system. The plan contains three parts: 1) Enhanced...more

President Obama Announces Executive Action on Immigration

During last week's primetime television broadcast, President Obama announced steps to fix what he termed the “broken” US immigration system. The president focused his speech on increasing border security and providing a...more

Obama’s Executive Action – What Does It Mean For Foreign Workers and US Businesses

President Obama's immigration address to the nation on November 20, 2014 focused on the undocumented immigrants in the United States. However, there are several interesting policy initiatives that will affect US employers and...more

President Obama Unveils His Proposed Executive Actions on Immigration

Last week, President Obama unveiled his Immigration Accountability Executive Actions in an effort to address the estimated 11 million undocumented immigrants currently living in the United States. While many of the specific...more

President Obama Slated To Overhaul U.S. Immigration Policy

It is widely believed that President Obama is getting ready to announce, possibly later this week, a plan to overhaul U.S. immigration policy through executive action, including suspending deportation of millions of...more

The Impact of the President’s Executive Action Upon U.S. Employers

On Thursday evening, November 20, 2014, President Obama announced that he was taking executive action that will primarily shield up to five million illegal immigrants from deportation. U.S. employers will benefit from...more

President Obama Announces Plan for Executive Action on Immigration

Yesterday evening, President Obama announced his administration's plans to utilize executive action to reform the current immigration system. The announced plan includes the following employment-based immigration changes...more

President Obama Outlines Executive Action on Immigration

President Obama has ambitiously announced several executive actions that have the potential to impact undocumented immigrants, as well as employers, foreign national workers, and their spouses. While these efforts are focused...more

Obama Legalizes Undocumented, Tweaks EB Categories

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more

Obama Immigration Executive Action: Impact on Business and Employment

In a bold move, on November 20, 2014, President Obama announced his Immigration Accountability Executive Actions to address flaws in the current immigration system. The plan contains three parts...more

What President Obama's Immigration Directives Mean For Businesses

Earlier this evening, President Obama announced executive action that would significantly impact employment and investment-based immigration. To implement these directives, the White House released its plan on immigration...more

PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment

Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released a number of documents related to the agency’s policies and procedures in processing labor...more

Immigration Corner: Chinese EB-5 Applicants are Beginning to Form a Line, PERM Passwords, Changing Visa Fees

On Saturday, August 23, 2014, the Department of State dramatically announced that EB-5 visas (for immigrant investors) were no longer available for the remainder of the fiscal year for individuals from mainland China. This...more

When Hiring a Foreign Employee May Really Be the Only Feasible Option

The Board of Alien Labor Certification Appeals of the U.S. Department of Labor (“DOL”), otherwise known as the BALCA, recently issued an employer-friendly decision that contemplates how an employer can demonstrate it is not...more

DOL Alert: New PERM Password Requirements

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the DOL’s...more

Immigration Corner: Global Printing Problems for Immigrant Travel Visas, and More Road Signs on the Foggy PERM Highway

A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Immigration Corner: Giving Hiring Preference to Laid-Off Employees and More New Customer Service Tools at USCIS

In November's newsletter, we discussed the challenges to the Department of Labor's (DOL) layoff regulation for PERM applicants. DOL has responded by clarifying what is required of an employer to properly notify and consider...more

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