Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more
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
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
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
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
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
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
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
The U.S. Department of Labor (DOL) recently updated its Occupational Information Network (O*NET), resulting in readjustments to the “Job Zones”—five articulated categories correlated with the levels of education, training,...more
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
The long-awaited frequently asked questions (FAQs) from the Illinois Department of Labor (IDOL) governing the state’s new pay transparency in job posting requirements were published on Nov. 22, 2024. The FAQs further clarify...more
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
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
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
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
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
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
As we move through Fall 2024, employers navigating the PERM labor certification process face a range of challenges. The process—essential for sponsoring foreign workers for permanent residency—has become more complex due to...more
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
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
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
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
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
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
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