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

Despite heightened scrutiny, evolving adjudication standards, and continued operational pressure on U.S. immigration agencies, 2026 may prove a viable — and even advantageous — year for U.S. employers to sponsor global talent. The employers who may see the greatest success might approach sponsorship strategically, plan well in advance, and incorporate lessons learned from government practices…

On Oct. 31, 2025, the U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed full processing of employer requests for prevailing wage determinations and labor certifications for both temporary and permanent employment in the United States.

Following a period of system disruption, the Foreign Labor Application Gateway (FLAG)…

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

The newly enacted One Big Beautiful Bill Act (P.L. 119–21) brings important updates for U.S. employers in the area of immigration compliance.…

Continue Reading Potential Immigration Impacts of the ‘One Big Beautiful Bill’

The PERM labor certification process is the first step in many employment-based permanent residence applications and requires employers to test the U.S. labor market prior to offering the position to a foreign worker. Since the onset of the COVID-19 pandemic in early 2020, PERM labor certifications have faced several new complexities that impact most stages…

Two years ago it was a large tech company and now a second tech giant has entered into settlement agreements with the U.S. Department of Justice’s Immigrant and Employee Rights Section (IER) over concerns related to their Permanent Labor Certification (PERM) recruitment practices. These settlements demonstrate the need for employers to consider anti-discrimination and PERM…

Most employment-based permanent residency applications require the applicant to go through the PERM labor certification process where the U.S. Department of Labor (DOL) certifies that there are not sufficient U.S. workers able, available, and qualified to fill a position. However, DOL recognizes nurses and physical therapists as shortage occupations or “Schedule A” occupations…

The U.S. Department of Justice (DOJ) has reached another settlement with a company in Boise, Idaho, over allegations that it violated the Immigration and Nationality Act (INA) by unlawfully discriminating against a U.S. citizen when it failed to hire him for a position and instead hired a temporary visa worker. The alleged discrimination occurred in…