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…

Secretary of Labor Lori Chavez-DeRemer announced the creation of a new Office of Immigration Policy (OIP) within the Department of Labor (DOL)’s Office of the Secretary. The move is part of the Trump administration’s broader effort to streamline legal, employment-based immigration processes, enhance coordination across federal agencies, and reduce employer reliance on undocumented workers.
Continue Reading Department of Labor Establishes Office of Immigration Policy

On June 28, 2024, the U.S. Supreme Court issued their decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al. – with significant consequences for immigration law. Loper Bright marks a fundamental shift in administrative legal practice, as it overrules Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. 467 U.S.

The U.S. Department of Labor (DOL) recently posted the June 2024 edition of their monthly updates regarding DOL processing times for permanent labor certification applications (PERM) and prevailing wage determination (PWD) requests, both important components of the most common employment-based green card route.

As of June 1, 2024, the DOL was adjudicating PERM applications filed…

  1. USCIS Filing Fee Increase and Premium Processing Expansion – In 2023, USCIS issued a proposed rule to increase the required filing fees for many applications. The proposed increases for employment-based immigration benefits are significant, and if the final rule takes effect, employers will incur increased expenses to file common case types such as H-1B registrations,
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On April 21, 2023, the Department of Labor (DOL)’s Office of Foreign Labor Certification (OFLC) announced that after May 15, 2023, at 6:59 p.m. EST, they would no longer accept ETA-9089 applications via their legacy PERM Online System. Thereafter, all ETA-9089 applications must be filed using the DOL’s FLAG system, and OFLC will no…

The U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) recently held webinars to guide users on upcoming changes to the Form ETA 9089. The objective of these changes is to streamline and standardize the information that employers submit when preparing PERM applications. The DOL hopes these changes will provide greater efficiency and…

The U.S. Department of Labor (DOL) recently posted the April 2023 edition of their monthly updates regarding DOL processing times for permanent labor certification applications (PERM) and prevailing wage determination (PWD) requests, both important components of the most common employment-based green card route.

As of March 31, 2023, the DOL was adjudicating PERM applications filed…

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…