You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more
Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more
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
Employers need to be aware of anticipated changes to immigration policy under the new Trump administration and be prepared for the impact those changes may have on their workforce. All employers should make sure their I-9s...more
Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive,...more
In an era of increasing global competition for highly skilled professionals, U.S. employers often face challenges in recruiting and retaining top talent. The National Interest Waiver (NIW) is a special provision under the...more
The Diversity Visa (DV) Lottery program, administered by the U.S. Department of State, allocates up to 55,000 immigrant visas annually through a random selection process from countries with low rates of immigration to the...more
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
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
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
Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic,...more
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
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
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 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
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
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
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
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
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
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
Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...more
After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
The US District Court for the Northern District of California on Tuesday set aside two Interim Final Rules (IFRs) that sought to restrict severely eligibility for the H-1B Specialty Occupation nonimmigrant category....more