News & Analysis as of September 18, 2024

United States Citizenship and Immigration Services › PERM

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The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status. less -

Visa Bulletin Updates

Seyfarth Shaw LLP on 8/21/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/21/2024

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

New Green Card Path for High-Achieving Employees

BakerHostetler on 5/13/2024

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

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

Seyfarth Shaw LLP on 4/30/2024

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

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

Jackson Lewis P.C. on 3/15/2024

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

USCIS Updates Policy Guidance for International Students

Littler on 1/29/2024

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

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

Jackson Lewis P.C. on 1/25/2024

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

DOL Proposal to Update Schedule A Occupations

Mintz - Immigration Viewpoints on 1/15/2024

The Department of Labor (DOL) has announced that it is considering expanding the list of predetermined occupations for Schedule A Designation petitions. DOL is requesting comments on broadening the list of occupations to...more

USCIS Clarifies Policy Guidance for International Students in F, M Status

Jackson Lewis P.C. on 1/12/2024

The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates...more

Department of Justice and Apple Reach $25 Million Landmark Agreement

Foley & Lardner LLP on 11/27/2023

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

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

Dorsey & Whitney LLP on 10/26/2023

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/16/2023

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

Talent Without Borders: Immigration Insights - October-November 2023

Holland & Hart - Employers' Lawyers on 10/11/2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...more

Navigating Changes to a Job Post-PERM Certification Part 2

Jackson Lewis P.C. on 10/6/2023

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

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on 10/2/2023

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

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

Dickinson Wright on 10/2/2023

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

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on 10/2/2023

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

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

Hinshaw & Culbertson - Employment Law... on 9/28/2023

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

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

Seyfarth Shaw LLP on 9/27/2023

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/18/2023

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

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

Harris Beach PLLC on 5/23/2023

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

Immigration Insider | April 2023

Kerr Russell on 4/28/2023

Information regarding priority date retrogression, CBP stampless entry and increased DOL processing times are included in this month’s edition of Immigration Insider....more

USCIS Updates Guidance on Demonstrating Ability to Pay Prospective Employees

Harris Beach PLLC on 4/17/2023

On March 15, 2023, U.S. Citizenship and Immigration Services announced it is updating its guidance on how the agency interprets the regulatory requirement that U.S. employers must demonstrate their ability to pay prospective...more

Taking Luck Out of the Equation: Alternative Immigration Pathways for Foreign Nationals Not Selected in the H-1B Cap Lottery

Quarles & Brady LLP on 3/29/2023

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...more

Employment-Based Immigration Updates for 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/27/2023

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more

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United States Citizenship and Immigration Services › PERM

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