PERM Visas

News & Analysis as of

Employment Immigration FAQs

Who files an application for a work visa or employment-based green card? In most situations, the employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) seeking a work visa for the...more

The Devil is in the Details: What Employers and Businesses Need to Know About the President’s Executive Actions on Immigration

When President Barack Obama first addressed the nation to unveil his Immigration Accountability Executive Actions, the media and the internet were in a frenzy to see who could get the story out first. Despite the fact that...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

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

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

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 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

BIA Holds Pending Application for H-1B Extension Does Not Confer Lawful Status

On November 7, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision sustaining the denial of an adjustment application and holding that the respondent had failed to maintain lawful status during the...more

What Is the Difference between the EB2 and EB3 Preference Categories?

When a foreign national working in the United States wishes to obtain a green card to stay in the country permanently, he or she often does so through the PERM labor certification process. While there are other avenues for...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

The Department of Labor Provides Limited Guidance on Certain Applications Affected by the Government Shutdown

On October 21, 2013, the Department of Labor (DOL) issued a statement regarding special mailing procedures that will be implemented for H-2A Certifications due to delays caused by the government shutdown between October 1 and...more

USCIS & DOL Announce Procedures, Reopening of Websites after Government Shutdown

In a welcome move that acknowledges the hardships caused by the government shutdown, United States Citizenship and Immigration Services (USCIS) has advised that if an H-1B petitioner submits evidence establishing that the...more

The Federal Government Reopens: An Update on Immigration Processing

The government officially reopened on October 17, 2013 after a shutdown that started on October 1. The shutdown had substantial immigration consequences for employers (which were explained in detail here and here). At least...more

Stricter Scrutiny of Labor Certifications—Increase in Audits and Supervised Recruitment by the DOL

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

Stricter Scrutiny Of Labor Certifications—Increase In Audits And Supervised Recruitment By The DOL

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

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