The DOJ, through its Immigrant and Employee Rights Section, has filed a lawsuit against Cloudera alleging systemic discrimination against U.S. workers in hiring practices tied to the Permanent Labor Certification Program process.…

Continue Reading DOJ Lawsuit Against Cloudera Alleges Discrimination Tied to PERM‑Related Hiring Practices

The Department of Labor’s (DOL) Office of Foreign Labor Certification has increasingly utilized Requests for Information (RFIs) in lieu of formal audit notices during the PERM labor certification process. This shift intends to enhance processing efficiency and reduce case processing times. However, it also raises important questions about procedural protections that employers should understand.
Continue Reading DOL Expands Use of RFIs in PERM Cases

Navigating Immigration and Employment Law Requirements in the Remote Work Era

The shift toward remote and hybrid work arrangements has created compliance challenges for U.S. employers sponsoring foreign workers under H-1B, E-3, and H-1B1 classifications. While remote work offers flexibility and expanded talent pools, it introduces complex legal obligations that, if overlooked, may result in…

In March 2023, U.S. Sens. Dick Durbin (D-Ill.) and Chuck Grassley (R-Iowa) reintroduced the “H-1B and L-1 Visa Reform Act.” This proposed legislation, which has gone through various iterations since 2007, would modify requirements related to nonimmigrant visa programs for H-1B (specialty occupation) visas and L-1 (intracompany transfer) visas. The bipartisan proposal has co-sponsorship from…

Summary

State and local pay transparency laws require employers to disclose pay ranges to applicants in their job advertisements and may require steps beyond the Department of Labor (DOL) regulations when sponsoring foreign national workers for permanent resident (green card) status. Employers filing Permanent Labor Certification (PERM) applications should prepare for changes in the PERM…

The U.S. Department of Labor (DOL) published an Interim Final Rule (IFR) that will become effective immediately. The new rule will apply to Permanent Employment Certification, H-1B, H-1B1, and E-3 Visa programs. DOL explains that the rule is necessary to curb actual and potential abuses of the visa programs and cites the COVID-19 public health…

The Department of Labor (DOL) has issued guidance regarding several immigration processes in light of employer office closures around the country due to COVID-19. Many of these issues include extending posting dates and filing deadlines. The DOL notes that it intends to remain fully operational, as its employees have teleworking capabilities, and that applications will…