Immigration Insights & Issues Blog
Key legal insights into modern immigration challenges.
Filing a PERM (Program Electronic Review Management) application is a critical process for most U.S. employers seeking to hire foreign workers. One of the significant hurdles in this process is obtaining a Prevailing Wage Determination (PWD) from the Department of Labor (DOL), which can take at least six months at present. Recently, employers have noticed …
Continue reading “Avoiding RFIs in PERM: 3 Key Tips for Travel Requirements”
On June 1, 2023, the Department of Labor (DOL) officially transitioned its online PERM labor certification filings from its legacy PERM portal to the FLAG System. In addition to announcing the PERM system transition, the DOL announced the release of a new Form ETA-9089, including a number of never before seen questions likely to trigger …
Continue reading “Navigating PERM in FLAG and the New Form ETA-9089”
What happened? Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers. The objective of these laws is ultimately to achieve pay equality as job seekers approach the bargaining table with a general idea of what to expect in terms of salary. …
Even before remote working considerations emerged during the COVID-19 pandemic, employers filing applications for Program Electronic Review Management (“PERM”) were grappling with how to prepare Forms 9141 Application for Prevailing Wage Determination (“PWDS”) and Form ETA-9089 Applications for Alien Labor Certification in the PERM context for employees who were telecommuting. The concern has grown more …
Employers who wish to sponsor foreign national employees through the PERM Labor Certification process should take special note of the settlement agreements announced by Department of Justice (DOJ), Civil Rights Division, Immigrant and Employees Rights Section (IER) and Department of Labor (DOL) last week. These settlement agreements are connected to the U.S. worker discrimination suits …
Continue reading “Facebook Discrimination Settlement and the Future of PERM Recruitment”
Before filing an I-140 petition for an employee beneficiary, petitioning employers brave a seemingly endless obstacle course, spending several months filing a prevailing wage determination (“PWD”) application, complying with a tedious recruitment process, and finally, awaiting certification of the PERM (ETA 9089). Once the PERM is certified, the petitioner can finally petition for the permanent …
Continue reading “PERM 101: Employment Verification Letters”
Introduction The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient manner possible. Multiple steps, strategies and methodologies are implemented to complete the puzzle with all pieces properly assembled. Although the …