News & Analysis as of

United States Citizenship and Immigration Services › PERM

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... more +
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 -
Harris Beach PLLC

Paging All Nurses – Wherever in the World You Are: Immigration Options for Foreign Nurses

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As hospitals and medical centers continue to face enormous challenges in staffing, employers are looking for alternatives to meet these seemingly unfillable positions. The high demand for foreign nurses has contributed to a...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

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

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

BakerHostetler

New Green Card Path for High-Achieving Employees

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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

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

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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

Mintz - Immigration Viewpoints

DOL Proposal to Update Schedule A Occupations

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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

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Foley & Lardner LLP

Department of Justice and Apple Reach $25 Million Landmark Agreement

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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

Dorsey & Whitney LLP

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

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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

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

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

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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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

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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

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification Part 2

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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

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

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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

Dickinson Wright

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

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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

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

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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

Hinshaw & Culbertson - Employment Law...

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

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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

Seyfarth Shaw LLP

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

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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

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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

Harris Beach PLLC

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

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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

Kerr Russell

Immigration Insider | April 2023

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

Harris Beach PLLC

USCIS Updates Guidance on Demonstrating Ability to Pay Prospective Employees

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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

Quarles & Brady LLP

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

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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

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