News & Analysis as of

PERM Foreign Workers

Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more

Seyfarth Shaw LLP

Visa Bulletin Updates

Seyfarth Shaw LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws?

Massachusetts is expected to enact its own pay transparency statute any day now. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant...more

Dickinson Wright

Avoiding RFIs in PERM: 3 Key Tips for Travel Requirements

Dickinson Wright on

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

Seyfarth Shaw LLP on

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

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Jackson Lewis P.C.

Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

Jackson Lewis P.C. on

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Legal Internet Solutions Inc.

Behind the Bio | Beth Henderson, Immigration Advocate

Hello, listeners. Welcome back to Behind the Bio, where two lawyers talk about turning points in unusual careers. Today I spoke with Beth Henderson, pro bono director for Microsoft. We talked about starting out as an...more

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on

On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more

Constangy, Brooks, Smith & Prophete, LLP

Apple to pay $25 MM to settle claims it discriminated against U.S. workers

Apple Inc. has agreed to pay $25 million to the U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section, to settle claims that it discriminated against U.S. workers in recruiting and hiring...more

Jones Day

DOJ's Immigration-Employment Program Faces Headwinds Amidst Milestone Settlement

Jones Day on

Two recent developments involving the U.S. Department of Justice's Civil Rights Division ("DOJ") highlight potential risks and opportunities for companies facing immigration-related employment matters....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

Jackson Lewis P.C.

Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement

Jackson Lewis P.C. on

The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts....more

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification Part 2

Jackson Lewis P.C. on

This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification, which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card...more

Dickinson Wright

3 Tips for a Successful National Interest Waiver Petition for the STEM Worker

Dickinson Wright on

The U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Dickinson Wright

Navigating PERM in FLAG and the New Form ETA-9089

Dickinson Wright on

On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL...more

Cozen O'Connor

How Has the New Form ETA 9089 Changed the PERM Process?

Cozen O'Connor on

The Department of Labor (DOL) recently shared some key takeaways regarding the new Form ETA9089. The new Form ETA9089 is created in the Foreign Labor Application Gateway (FLAG) implemented by DOL on June 1, 2023. Some of...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

Jackson Lewis P.C. on

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

Littler

New Era for Permanent Employment Certifications (PERM)

Littler on

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

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

Modernizing PERM Labor Certification - DOL Releases New Form ETA-9089

The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has announced plans to revise the permanent labor certification (PERM) process in an effort to streamline the program, improve the employer...more

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