News & Analysis as of

PERM Highly-Skilled Workers Visa Department of Labor (DOL)

BakerHostetler

New Green Card Path for High-Achieving Employees

BakerHostetler on

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

Harris Beach PLLC

National Nursing Shortages May Streamline Process for Immigrant Nurse Visas

Harris Beach PLLC on

We recently reported on our Immigration Blog that hospitals and medical centers, facing challenges in staffing during the pandemic, content with heightened struggles to find and hire sufficient numbers of registered...more

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

DOL Delays Implementation of Updated OES Wage Rule

On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more

Burr & Forman

DOL’s Second Try at Prevailing Wage Rule May Impact H-1B and Green Card Filings

Burr & Forman on

After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Williams Mullen

H-1B Specialty Occupation Under Attack Again by DHS and New Increases to Prevailing Wage Levels by the DOL

Williams Mullen on

In June, President Trump issued a proclamation that suspended the issuance of certain nonimmigrant visas and required the Secretaries of Labor and Homeland Security to provide recommendations on measures to protect the U.S....more

Morgan Lewis

US DOL Rule Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more

Littler

U.S. Agencies Agree to Share Information in New Enforcement Initiative Targeting H-1B and Immigrant Workers

Littler on

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more

Harris Beach PLLC

Exploring H-1B Dependency for Employers

Harris Beach PLLC on

With the increasing reliance of U.S. employers on high-skilled foreign workers, particularly those on H-1B visas, it is important that employers remain aware of the makeup of their workforce and the additional obligations...more

Bradley Arant Boult Cummings LLP

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more

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