News & Analysis as of

PERM Pay Transparency Green Cards

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

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

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws?

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

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

Mintz - Employment Viewpoints

PERM Recruitment Impacted by “Pay Transparency” Laws

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

Constangy, Brooks, Smith & Prophete, LLP

Pay transparency laws could affect PERM recruitment, unless preempted by federal law or exempted

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

Jackson Lewis P.C.

Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings

Jackson Lewis P.C. on

Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join...more

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