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Tag: Department of Labor

  • U.S. District Court Judge Vacates DHS Regulation that sought to replace the H-1B Cap Lottery with Wage Level Prioritization System

    On September 15, 2021, U.S. District Court Judge Jeffrey S. White granted the U.S. Chamber of Commerce’s (“Chamber”) motion for summary judgment in the Chamber’s lawsuit– U.S. Chamber of Commerce v. Department of Homeland Security— challenging a regulation that sought to replace the current H-1B cap lottery system with a wage level prioritization system. The […]
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  • Navigating the PERM Recruitment Process

    One of the key points within the PERM process is the recruitment phase. The recruitment process is an essential step to the PERM process because it tests the labor market to prove there are no authorized and qualified U.S. workers available for the job an employer is trying to hire a foreign national to fill. […]
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  • What Exactly is the Purpose of PERM in the Green Card Process?

    PERM is an electronically-filed, attestation-based application filed with the U.S. Department of Labor (DOL) by an employer who wishes to sponsor a foreign national for an employment-based green card. The PERM exists as a way for the DOL to help make sure that employers are not using the immigration system to take jobs from U.S. […]
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  • PERM Audits: Common Issues & Red Flags

    To combat fraud by employers utilizing the PERM process, the Department of Labor (DOL) will sometimes audit the case.  There are two types of audits that can occur during processing: A random audit may occur by unplanned chance as a DOL mechanism to ensure that the electronic PERM system is not being abused by employers. A targeted audit occurs when […]
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  • Recruitment for PERM Green Card Cases

    When a U.S. employer sponsors a foreign worker for a green card through the PERM process, the employer is required to undertake numerous tasks to prove to the Department of Labor that the foreign worker will not displace any American worker by taking the permanent job being offered to them. In all PERM cases, there […]
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