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…

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 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…

Greenberg Traurig’s Rebecca Schechter, of counsel, participated in the American Immigration Lawyers Association’s DC Chapter Fall Conference Nov. 16, 2016, held at the University of Maryland, in Rockville, MD. Rebecca was a panelist in the session titled “PERM Best Practices and Hot Topics.” This session addressed drafting job descriptions, prevailing wage requests, common recruitment…

Although Congress continues to discuss the Fiscal Year 2016 budget, if an agreement is not reached or continuing resolution passed, the Department of Labor (DOL) will experience a shut down as of October 1, 2015. Should this happen, both the iCERT and PERM online filing systems will not accept applications and users will no longer…

A programming glitch, which occurred during a software update implemented by the Department of Labor (DOL) on September 1, 2015, prevented some employers from being able to file their PERM applications, the DOL announced today on its website. The DOL explained that the malfunction precluded employers from completing some of the ETA Form 9089 online. …

In Matter of SDG Post Oak, the employer was issued a notice of supervised recruitment by the Atlanta National Processing Center (ANPC). After the draft recruitment was approved by the ANPC, the employer placed an online advertisement on online job listing forums. The duty requirement field of the advertisement properly listed the minimum experience…