News & Analysis as of

Labor Certifications

Harris Beach Murtha PLLC

Paging All Nurses – Wherever in the World You Are: Immigration Options for Foreign Nurses

As hospitals and medical centers continue to face enormous challenges in staffing, employers are looking for alternatives to meet these seemingly unfillable positions. The high demand for foreign nurses has contributed to a...more

Jackson Lewis P.C.

Judge Blocks New DOL H-2A Farmworker Visa Rule in 17 States

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Seventeen states joined in a suit in June to block the Department of Labor (DOL) from enforcing its new rule providing more protections to farmworkers employed as H-2A temporary visa holders. Now, Judge Lisa Godbey Wood of...more

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

OFLC Announces Final Decommission of Permanent Online System and USCIS Offers Guidance for Filing I-140 Using New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) announced that the legacy iCERT system for the preparation and submission of labor certification applications will be fully decommissioned on...more

McDermott Will & Emery

Labor Law Update: Union Certification Without Winning the Employee Vote

McDermott Will & Emery on

As reported throughout the trade press, alcohol beverage companies are facing escalating pressure from unions and the National Labor Relations Board (or NLRB, the federal agency that enforces labor laws against both unionized...more

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

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

Holland & Hart - Employers' Lawyers

Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National...more

Dorsey & Whitney LLP

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

Dorsey & Whitney LLP on

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

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

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

Jackson Lewis P.C.

Manufacturing, Other Employers’ Compliance With Immigration Rules During Strikes

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After the United Auto Workers’ (UAW) labor contracts with the “Detroit Three” automakers expired on September 14, 2023, and the parties were not able to agree on new contract terms, the UAW began striking at targeted plants...more

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification: Part 1

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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

Holland & Hart - Employers' Lawyers

Employment Based Green Card Processing: What Employers Should Know Regarding the Importance of Drafting the PERM Notice of Filing

To hire a foreign worker on a permanent basis, the most common pathway for employers to sponsor an employee for a Green Card is through obtaining a permanent Labor Certification from the U.S. Department of Labor (DOL). This...more

Jackson Lewis P.C.

Filers Must Use New PERM Labor Certification Form ETA-9089, New FLAG Platform Starting June 1, 2023

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Beginning on June 1, 2023, filers submitting PERM Applications for Permanent Employment Certification must submit the revised ETA-9089 in the Foreign Labor Application Gateway (FLAG) system, the U.S. Department of Labor’s...more

Harris Beach Murtha PLLC

Dept. of Labor Migrates PERM Labor Certification Application to FLAG Web Portal

Employers seeking to hire a non-US worker on a permanent basis are generally required to undertake a lengthy, complex sponsorship process involving both the Department of Labor (“DOL”) and the United States Citizenship and...more

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

OFLC Postpones Date for Submitting Revised PERM and CW-1 Forms in FLAG System to June 1, 2023

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

Adams & Reese

[Webinar] H-1B Visas: An Employer’s Guide to Hiring Temporary Specialty Occupation Workers - February 15th, 12:00 pm - 1:00 pm CST

Adams & Reese on

Litigator Mary Kate Fernandez will present a one-hour CLE regarding the upcoming changes to the H-1B visa and how those changes will affect the sponsorship process. The H-1B visa is a valuable tool for US employers looking...more

Nilan Johnson Lewis PA

Let’s Be Real: Managing Immigration Sponsorship Requirements During Company Layoffs

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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

Harris Beach Murtha PLLC

Immigration Not Yet a Perfect Answer to Nursing Shortage

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Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more

Nilan Johnson Lewis PA

Corporate Compliance and Retention of Immigration-Related Documents

Nilan Johnson Lewis PA on

Sponsoring foreign talent is a worthwhile venture for any employer who wishes to remain competitive, both domestically and internationally. This is particularly true for highly skilled positions for which demand outpaces...more

Fisher Phillips

6 Main Workplace Immigration Considerations During M&A Transactions

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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

Harris Beach Murtha PLLC

The ABCs of Current Health Care Immigration Options

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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

Mintz - Immigration Viewpoints

Facebook enters Settlement Agreement regarding PERM Labor Certification Recruiting Practices

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

Jackson Lewis P.C.

Suits Challenge New Rules On H-1B And PERM Labor Certification Programs

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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

Harris Beach Murtha PLLC

New Regulation Significantly Increases Prevailing Wage Requirements for H-1B and Green Card Petition...For Now

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On Oct. 8, 2020, the U.S. Department of Labor published a new regulation that significantly raises the required prevailing wage which must be paid to foreign workers in connection with H-1B, H-1B1, and E-3 nonimmigrant visa...more

Foley & Lardner LLP

DOL and DHS Amend Rules on Prevailing Wage and H-1B Requirements

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President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more

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