News & Analysis as of

PERM Immigration Procedures United States Citizenship and Immigration Services

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

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

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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

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

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

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

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 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

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

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

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

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

Employment-Based Immigration Updates for 2023

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

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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

Morgan Lewis

US Department of State Releases July 2022 Visa Bulletin

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In July 2022, the US Citizenship and Immigration Services will use the Final Action chart. China EB-2 Final Action cutoff dates will advance by one month and India EB-2 Final Action cutoff dates will advance by three months....more

Miles & Stockbridge P.C.

Update: Business Immigration and the Biden Administration

In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more

Burr & Forman

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

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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

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

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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

Morgan Lewis

Federal Court Sets Aside DOL and DHS Rules Restricting H-1B Category; Appeal Likely

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The US District Court for the Northern District of California on Tuesday set aside two Interim Final Rules (IFRs) that sought to restrict severely eligibility for the H-1B Specialty Occupation nonimmigrant category....more

Mintz - Immigration Viewpoints

November 2020 Visa Bulletin: Filing Eligibility Continues for Employment-based Categories

After much anticipation and unprecedented delay, the U.S. Department of State has announced the per-country priority date cut-offs for the November 2020 Visa Bulletin. The monthly visa bulletins indicate who may file an...more

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