PERM

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  • 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…

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 formal education may be driving the trend. See our full article on these issues and considerations here.

 The U.S. Citizenship and Immigration Services (USCIS) has changed its policy manual to make it easier to find and understand all the regulations regarding nonimmigrant students in F and M status. The new guidance consolidates the existing policies and clarifies issues of eligibility, school transfers, practical training and on-and off-campus employment. It provides more transparency…

The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts.

Based upon a Memorandum of Understanding (MOU), the agencies are “forming this partnership to encourage greater coordination between them through information sharing, joint investigations, training and outreach.” This…

This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification, which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card process.

As explained in Part 1, there are circumstances where it may not be necessary to start…