News & Analysis as of

PERM Immigration Procedures

Holland & Hart - Employers' Lawyers

The Role of Immigration in Solving Healthcare Workforce Changes

By Samantha Wolfe The United States faces a critical shortage of healthcare professionals, particularly in rural areas. Hospitals, nursing homes, and clinics struggle to find qualified workers, leading to increased patient...more

Seyfarth Shaw LLP

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

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Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...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

Clark Hill PLC

USCIS Policy Manual Update and Recent Trends in EB-2 National Interest Waiver Adjudications

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The National Interest Waiver (“NIW”) is a streamlined pathway to permanent residence for foreign nationals whose current or prospective work is in the national interest and therefore merits a waiver of the labor certification...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

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The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

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As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Benesch

Sneak Peek into the Trump 2.0 Administration Immigration Landscape

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President-elect Donald Trump has vowed “to carry out the largest domestic deportation operation in American history”, promising to declare a national emergency and deploy the military for enforcement. Building on the policies...more

Snell & Wilmer

Preparing for Immigration Changes Under the Trump Administration

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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

Gibney Anthony & Flaherty, LLP

[Webinar] Business Immigration Need to Know: Outlook for 2025 - December 10th, 12:00 pm ET

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

Seyfarth Shaw LLP

National Interest Waiver (NIW) as a Viable Alternative to a Traditional Employment-based Green Card

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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

Harris Beach Murtha PLLC

A Glimpse into the Trump 2.0 Business Immigration Landscape

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Share It is pretty clear what President-elect Donald Trump intends to do regarding border enforcement, honoring his pledge to launch the largest domestic deportation operation in U.S. history, but little has been reported on...more

Seyfarth Shaw LLP

Diversity Visa Lottery: A Guide for U.S. Employers

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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

Integreon

Navigating PERM Recruitment Successfully

Integreon on

This article first appeared on HR.com. View the original article here.  The process of applying for green card sponsorships for foreign workers has become increasingly complex for employers in recent years. This is due in...more

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

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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

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

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

BakerHostetler

New Green Card Path for High-Achieving Employees

BakerHostetler on

On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....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

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.

USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart

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Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM...more

Littler

USCIS Updates Policy Guidance for International Students

Littler on

The U.S. Citizenship and Immigration Services (USCIS) recently updated guidance in its policy manual regarding international students within F and M student classifications. This new guidance consolidates and provides greater...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

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