News & Analysis as of

Green Cards Labor Certifications

Holland & Hart - Employers' Lawyers

Navigating the National Interest Waiver (NIW) for Green Card Pursuit: A Comprehensive Guide

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National...more

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification: Part 1

Jackson Lewis P.C. on

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

Holland & Hart - Employers' Lawyers

Employment Based Green Card Processing: What Employers Should Know Regarding the Importance of Drafting the PERM Notice of Filing

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

Harris Beach PLLC

Immigration Not Yet a Perfect Answer to Nursing Shortage

Harris Beach PLLC on

Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more

Mintz - Immigration Viewpoints

Facebook enters Settlement Agreement regarding PERM Labor Certification Recruiting Practices

The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals...more

Harris Beach PLLC

New Regulation Significantly Increases Prevailing Wage Requirements for H-1B and Green Card Petition...For Now

Harris Beach PLLC on

On Oct. 8, 2020, the U.S. Department of Labor published a new regulation that significantly raises the required prevailing wage which must be paid to foreign workers in connection with H-1B, H-1B1, and E-3 nonimmigrant visa...more

Perkins Coie

Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

Perkins Coie on

The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more

Fox Rothschild LLP

Immigrant Visa Processing Changes – EB1 And EB3 Advance Rapidly; All Other Employment And Fmily Categories Advance Moderately;...

Fox Rothschild LLP on

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Burr & Forman

Summer Green Card Series What Employers Should Expect from the Basic PERM Process Part 1

Burr & Forman on

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

Harris Beach PLLC

Backlog for Physician Visas Poses Dilemma for Indian Nationals

Harris Beach PLLC on

There are two main paths to Permanent Residency, or green card, for foreign national physicians.  The first is the Physician National Interest Waiver (PNIW), created for those physicians who serve five years in primary care...more

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

You’ve Got Mail … if You’re an Employer: Seventh Circuit Rules Employees Are Not Entitled to Same Visa Revocation Notice

On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more

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

AAO National Interest Waiver Decision May Open Doors for a Broader Group of Professionals and Entrepreneurs Seeking Green Cards

On December 27, 2016, the Administrative Appeals Office (AAO) —the appellate body for U.S. Citizenship and Immigration Services (USCIS)—announced a new standard for National Interest Waiver visa petitions in a precedent...more

Franczek P.C.

Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

Franczek P.C. on

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more

Mintz - Immigration Viewpoints

Mintz Levin Files FOIA Request for DOL Prevailing Wage Data

On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more

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