News & Analysis as of

Labor Condition Applications PERM

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

Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on

Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

Immigration Consequences of a Possible Federal Government Shutdown on October 1, 2023

Annually, at the outset of the federal fiscal year, the U.S. Congress must reach an agreement to fund the federal government. If Congress cannot agree and pass the necessary appropriations bill, a partial government shutdown...more

Littler

Equal Pay Transparency Laws May Potentially Impact the PERM and H Visa Process

Littler on

Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/H-1B labor condition application (LCA) process for employers conducting...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...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

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

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

DOL Delays Implementation of Updated OES Wage Rule

On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Morgan Lewis

DOL Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective June 30, 2021, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels, resulting...more

Littler

DOL Confirms it Will Comply With New Court Order on Wage Rates

Littler on

The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process...more

Foley & Lardner LLP

U.S. Companies Must Prepare to Pay Higher Wages for Specialty Occupation Foreign Workers

Foley & Lardner LLP on

On October 8, 2020, the U.S. Department of Labor (DOL) published the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”interim final rule, amending the existing...more

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Dentons

H-1B and Employment Immigration Processes Under Attack

Dentons on

In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

Perkins Coie

Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

Perkins Coie on

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

Holland & Hart - Employers' Lawyers

New Regulations Narrow Eligible H-1B Occupations and Increase Required Wages for H-1B Workers

In the last few months, it has been difficult for employers and immigration attorneys to keep up with the flurry of changes released by the Trump Administration, including the suspension on the issuance of H-1B visas at U.S....more

Seyfarth Shaw LLP

Department of Labor Extends Deadlines and Provides Guidance to Employers of Foreign Nationals during the Novel Coronavirus...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and...more

Epstein Becker & Green

Immigration Updates Related to the COVID-19 Pandemic

Epstein Becker & Green on

Department of State Suspends Routine Visa Services - On March 20, 2020, in response to significant worldwide challenges related to the novel coronavirus (“COVID-19”) pandemic, the Department of State announced that routine...more

Harris Beach PLLC

Exploring H-1B Dependency for Employers

Harris Beach PLLC on

With the increasing reliance of U.S. employers on high-skilled foreign workers, particularly those on H-1B visas, it is important that employers remain aware of the makeup of their workforce and the additional obligations...more

Mintz - Immigration Viewpoints

DOL to Implement New System for PERM Prevailing Wage Requests

On June 10, 2019 the Department of Labor (DOL) will implement their new system for Applications for Prevailing Wage Determinations (Form ETA-9141). The DOL has developed the Foreign Labor Application Gateway (FLAG) System as...more

Epstein Becker & Green

January 2019 Special Immigration Alert

Epstein Becker & Green on

Partial Federal Government Shutdown and How It Applies to an Immigration Workforce - On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more

Mintz - Immigration Viewpoints

Potential Government Shutdown and Impact on Immigration Processes

As of 4 pm on Friday, January 19, 2018, the US Senate had not reached an agreement on the terms of a continuing resolution to keep the US government running. The US House passed a 30-day resolution on Thursday, but this must...more

Faegre Drinker Biddle & Reath LLP

How a Federal Government Shutdown Affects U.S. Employment-Based Immigration

After a brief federal government shutdown over the weekend, the Senate and the House voted on January 22, 2018, on a temporary spending bill that will fund the government until February 8, 2018. The President signed the bill...more

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