PERM

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  • A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
  • The memo does not eliminate employment-based adjustment of status or create a formal new rule requiring all applicants to consular process.
  • Significant questions remain, including how USCIS will
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The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs.

The March 27, 2026, proposal seeks to increase the four-tiered prevailing wage structure for these visa programs by aligning them…

California’s AB 692, officially in effect as of Jan. 1, 2026, is bringing notable changes to how employers may use repayment or “stay‑or‑pay” provisions in employment agreements. While the law applies broadly to various repayment obligations, AB 692 has meaningful implications for organizations that have historically used reimbursement agreements when sponsoring foreign national employees for…

The current government funding expired at the end of the fiscal year without a continuing resolution, resulting in a government shutdown. A federal government shutdown can create ripple effects across immigration processes, but the impact varies depending on the agency.

Since USCIS is fee-funded, most operations — like processing petitions and applications — continue as…

  • The United States continues to attract the largest share of international graduate students, particularly in STEM fields, but its dominance may be slipping.
  • Other countries are expanding their post-study work options and streamlining their immigration pathways to compete for the world’s best and brightest.
  • U.S. employers seeking to secure international talent should act early
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Takeaways

  • USCIS issued updated policy guidance on 1/15/25 on how it will evaluate candidates for EB-2 immigrant visas seeking a National Interest Waiver (NIW).
  • USCIS will be more closely scrutinizing a candidate’s qualifications, profession, experience, and support letters.
  • These changes will make it more difficult to obtain NIWs in the future.

The U.S. Citizenship and…

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 year ago, in December 2023, the Department of Labor (DOL) issued a Request for…

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 application or an immigrant visa petition does not mean the student cannot demonstrate their intention to…

Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay.

On Jan. 12, 2024, the mayor of D.C. signed the Wage Transparency Omnibus Amendment Act, which, among other things, requires private employers, regardless of size…