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FAQs: Impact of Layoffs on the PERM Process
When navigating the PERM labor certification process, employers must carefully consider the impact of layoffs on their ability to file applications. The Department of Labor (DOL) has specific requirements to ensure that U.S. workers are not displaced by foreign labor....
FAQ: Navigating the Illinois Equal Pay Transparency Act in the PERM Process
We wanted to bring to your attention a significant legal development that may impact your company’s recruitment and PERM advertising in Illinois. Beginning January 1, 2025, the Illinois Equal Pay Transparency Act will require all employers with 15 or more...
Should I File an NIW Petition instead of Filing a PERM? Assessing the Pros and Cons of Each Option
Since President Biden’s executive order on artificial intelligence was released, many are wondering whether filing a national interest waiver (NIW) petition or filing a PERM (labor certification) application is the best option. To help determine which option is the best...
New PERM Application and Filing Process Become Effective May 16, 2023
The Department of Labor (DOL) announced that effective May 16, 2023, the Office of Foreign Labor Certification (OFLC) will begin accepting the revised Form ETA-9089, Application for Permanent Employment Certification (also known as PERM or labor certification application) in the...
Moving Worksite Locations Impacts your H-1B Petition and PERM Process
As the Covid-19 pandemic continues to impact the lives of many, the trend in working remotely or moving locations entirely has also continued. Employees working in the United States on an H-1B visa or those with a pending PERM process...
Reminder: H-1Bs and PERMS are Location Specific
Employers, please keep in mind that you must notify your attorney if a foreign national employee is scheduled to move worksites, including to a remote home worksite, as some immigration processes are location specific. Foreign nationals holding H-1Bs will need...
New H-1B Visa and PERM Green Card Rules
On October 8, 2020, the Department of Labor (DOL) and the Department of Homeland Security (DHS) each issued new rules attacking employment-based non-immigrant cases and the PERM labor certification program. Please note that both rules have bypassed the formal rulemaking...
Posting a PERM Notice of Filing in a Remote Work Mode
During the COVID-19 pandemic, the closure of workplaces has raised numerous questions about how to fulfill the PERM Notice of Filing requirement during a full or partial office closure and a remote work mode. PERM regulations require that prior to...
