Demystifying Immigration Law
Changes and Trends in EB-5 Investment Immigration
Law Brief®: Roxanne Levine and Rich Schoenstein Discuss Immigration and Travel in 2021
Immigration Policies Under a Biden Administration by Sang Shin
What's at Stake for Immigration?
Update from Washington: Employer's Preview of Immigration Restrictions from the Administration
H-1B Visas in Colleges & Universities with Jon Eggert
The Schedule A list of occupations that do not require the employer to conduct a labor market test (a PERM labor certification) as part of a green card application process has not been updated in at least 20 years. Almost a...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
The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more
In the immigration community, autumn brings a new-year sense of renewal. A new US government fiscal year beginning October 1 means a fresh start to the annual allocation of green cards for those looking to apply. But...more
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
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
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
Employers may already be aware of existing state and city laws regarding “pay transparency,” which require certain employers to publish “pay scales” in job advertisements. These pay transparency laws generally require that a...more
One of the most common types of employment-based green card sponsorships requires PERM labor certification. But do employers have to comply with applicable pay transparency laws when making their PERM recruitment efforts? At...more
It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are...more
With the consent of the U.S. Department of Labor, a federal judge in San Francisco has vacated final regulations issued by the Trump Administration that would have significantly increased the “prevailing wage” that would...more
The U.S. Department of Labor has again issued a final rule on the computation of prevailing wage levels for high-skilled foreign workers. The rule is intended to replace a prevailing wage rule issued in October that was...more
Key Points - DHS and DOL Interim Final Rules on H-1B visas and prevailing wage levels have been struck down by the Court. - Definition of “specialty occupation” and rules for third-party placement of H-1B employees...more
- DHS and DOL publish Interim Final Rules on H-1B visas and prevailing wage levels. - DHS tightens “specialty occupation” definition and restricts third-party placement of H-1B employees. - DOL significantly raises...more
The current administration’s course on immigration ushered in heightened standards for obtaining immigration benefits, restructuring visa allocations through executive orders and renewed and continues to emphasize immigration...more
On Thursday, October 8, 2020, the U.S. Citizenship and Immigration Services (USCIS) published an interim final rule (IFR) that revised the definition of the term “specialty occupation” and placed additional restrictions on...more
In our ever-increasing multi-multinational workforce that seems to rely more heavily on foreign labor options, it’s important for employers to have policies in place that provide a level of financial protection in their...more
PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more
It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more
This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more