Employers doing PERM cases need to be on the lookout for local laws that require salary transparency in recruitment ads. Pursuant to the Department of Labor’s PERM regulations, recruitment advertisements must include only the name of the employer, the job location, directions on how to apply for the position, and a description of the
PERM
Policy Changes Aim to Expand Opportunities for Foreign STEM Graduates, Others
Recognizing the importance of STEM (Science, Technology, Engineering, and Math) graduates to the U.S. economy, the Biden Administration has made three policy changes that expand eligibility.
The changes are as follows:
- Adding 22 new degree fields to the STEM list so that more F-1 graduates can qualify for three years, instead of one year,
…
Employment-Based Preference Visa: Transfer Underlying Basis for Pending Green Card Application
For the first time, USCIS has advised people with a pending green card application of its documentary requirements for transfers between employment-based classifications and issued an alert regarding the process.
The “exceptionally high number of employment-based [immigrant] visas available this fiscal year” has prompted USCIS to encourage U.S. employers petitioning for employees to utilize either…
Early Stage Tech Companies: Navigating Potential Pitfalls
For early-stage tech employers, rapid business growth can quickly lead to costly employment and immigration law missteps. Risks can be magnified when striving to attract talent. Please listen to the robust and enlightening discussion among Jackson Lewis immigration attorneys Zain Abidi and Benjamin Lau, together with Jackson Lewis employment attorney Doug Klein, here.
Department of Justice Action Suggests Employers Need to Adjust How They Recruit Foreign Workers
The PERM Labor Certification Process (PERM) has been used since 2005 by U.S. employers to sponsor foreign national employees for Lawful Permanent Residence, also known as “green cards.” Through the PERM process, employers are required to test the U.S. labor market through a very structured, highly regulated recruitment designed to protect U.S. workers and see…
What Happens to the Immigration Agencies When the Government Shuts Down?
The country dodged a government shutdown at the end of September, but we may be faced with the same problem on December 3, 2021, when Congress will again have to fund the government. Because we often come close to a shutdown (and sometimes shutdowns happen), it is important to remember how a shutdown affects the…
DOL Tells Court It Will Not Defend Proposed Prevailing Wage Rule
The Department of Labor (DOL) has informed a federal court in California that it did not wish to defend the proposed prevailing wage rule, which would impose steep wage hikes, “at the same time that is internally evaluating the propriety of that Rule” in the challenge to stop the agency from changing the prevailing wage…
Prevailing Wage Rule for High-Skilled Foreign Workers Effective November 2022
The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work visa cases, as well as for PERM cases, is delayed to November 14, 2022. The Biden Administration states that it continues…
Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.
The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New…
Prevailing Wage Rule Delayed 60 Days
According to a draft scheduled for publication in the Federal Register on February 1, 2021, the Biden administration plans to delay the effective date of the Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States rule (Prevailing Wage Rule) for 60 days while the Department of Labor (DOL)…