USCIS has stated it will suspend the biometrics requirements for H-4, L-2, E-1, E-2 and E-3 applicants from May 17th, 2021 for a period of 2 years. The biometric requirement was introduced by the Trump administration and was particularly cumbersome for H-4 and L-2 applicants as it meant that their applications would no longer be...
Immigration Compliance
Feb242021
PERM is an acronym for the “Program Electronic Review Management” system established under the Department of Labor (DOL) regulations. It is a critical component of the employment-based immigration process, as it initiates the journey toward lawful permanent residency for foreign nationals through employment. This process, which includes both PERMs and audits, is essential for ensuring...
Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), Employers are required to complete and retain an I-9, Employment Eligibility Verification for each employee who is hired for employment, with limited exceptions which will be discussed below. IRCA specifically prohibits Employers from knowingly employing individuals who are not authorized to work in the...
Yesterday, President Trump signed an Executive Order, temporarily suspending the issuance of green cards, claiming that this is a necessary step towards protecting the jobs of U.S. workers. Effective at 11.59 pm on April 23, 2020, this proclamation suspends entry into the U.S. of the following immigrants: Those outside the U.S. as of the effective...
We are living in very uncertain times. As a result of the COVID-19 outbreak, many employees are being asked to work remotely in order to slow the spread of the virus. Due to the number of office closures Employers need to take a closer look at the Department of Labor (DOL) regulations to ensure that...
Employer’s Responsibility to Maintain a Public Access File (PAF) Under 20 CFR 655.760, employers of H-1B workers (also H-1B1 and E-3) must keep a Public Access File (PAF). Creation and Access to the PAF An employer must file an Labor Condition Application (LCA). They must also make their supporting documents available for public inspection. They must do...