News & Analysis as of

Foreign Workers Department of Labor (DOL) Hiring & Firing

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

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A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

Fisher Phillips

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

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While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s...more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

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The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

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The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

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With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Fisher Phillips

Trump Shocks Employers by Tapping Chavez-DeRemer for Secretary of Labor: The 10 Things Employers Can Expect

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President-elect Trump surprised the business community on Friday night when he announced Lori Chavez-DeRemer as his nominee to lead the U.S. Department of Labor. Her selection was met by skepticism by some in the employer...more

Guidepost Solutions LLC

Trump’s Impact on Employment Visas: What Employers Should Expect

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As a new presidential administration takes office, the future of employment-based visa policies is once again in the spotlight. While campaign promises have centered on border security and addressing unauthorized immigration,...more

Seyfarth Shaw LLP

Visa Bulletin Updates

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Where are we next month? The United States Immigration and Citizenship Services (USCIS) has announced that for the September 2024 Visa Bulletin, applicants must use the Final Action Dates chart for employment-based preference...more

Harris Beach Murtha PLLC

[Webinar] Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know - August 27th, 9:00 am - 10:30 am EST

One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more

Dickinson Wright

Avoiding RFIs in PERM: 3 Key Tips for Travel Requirements

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Filing a PERM (Program Electronic Review Management) application is a critical process for most U.S. employers seeking to hire foreign workers. One of the significant hurdles in this process is obtaining a Prevailing Wage...more

Seyfarth Shaw LLP

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

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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

Fisher Phillips

DOL Finalizes Farmworker Protection Rule: 8 Key Takeaways for H-2A Agricultural Employers

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The U.S. Department of Labor just released a final rule that will expand employment protections for farmworkers in the H-2A visa program and enhance the agency’s capabilities to monitor and enforce program compliance. The DOL...more

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

USCIS Schedule Update: Faster Green Card Sponsorship for ‘Sciences or Arts’ High Achievers?

In connection with the current administration’s push to retain STEM talent, on April 10, 2024, U.S. Citizenship and Immigration Services announced that it has updated its definition for “Schedule A, Group II” occupations. ...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Faegre Drinker Biddle & Reath LLP

DOJ Settles Discrimination Claims Involving Apple's Recruitment and Hiring Practices Related to the PERM Process

The U.S. Department of Justice (DOJ) announced a settlement with Apple over allegations the company engaged in discriminatory recruitment and hiring practices related to the process of seeking labor certification, or the...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

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The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Dorsey & Whitney LLP

How is an already complex PERM recruitment process further complicated by EPT laws?

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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

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

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

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

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Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Littler

New Era for Permanent Employment Certifications (PERM)

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In April 2023, the long-anticipated new and modernized PERM Form 9089 was introduced to the public by the U.S. Department of Labor, Foreign Labor Certification (FLC) unit. The PERM process permits an employer to hire a...more

Dickinson Wright

State Pay Transparency Laws: 5 Questions Employers Must Ask Before Starting a PERM Recruitment Campaign

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Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers. The objective of these laws is ultimately to achieve pay equality as job...more

Fisher Phillips

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

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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 Murtha PLLC

New York City Pay Transparency Law To Affect Employers Hiring In NYC And Labor Certifications For Foreign National Employees

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As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more

Jackson Lewis P.C.

Immigration Delays and How Manufacturers Can Manage Them

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For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic....more

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