Ask Sophie: What changes are in store for PERM?
Sophie Alcorn, attorney, author and founder of Alcorn Immigration Law in Silicon Valley, California, is an award-winning Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization. Sophie is passionate about transcending borders, expanding opportunity, and connecting the world by practicing compassionate, visionary, and expert immigration law. Connect with Sophie on LinkedIn and Twitter.
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Dear Sophie,
Our HR and operational consulting firm works primarily with tech startups. Would you provide an update on what we should look out for in the new year when it comes to the PERM process? Thanks!
— Hopeful HR
Dear Hopeful,
Happy New Year! I’m excited about what 2024 will bring in immigration policy changes designed to attract and retain international talent in STEM fields, particularly those spurred by President Biden’s executive order on AI.
If you haven’t already, talk with an immigration attorney about the complex PERM process, timing, risks and alternative options based on a company’s hiring situation and an employee’s immigration situation.
Now, let me provide a bit of context about where things currently stand with the PERM process before diving into the changes you should look out for that will — or will not 🙂 — impact PERM.
The current state of PERM
As you know, getting PERM labor certification from the U.S. Department of Labor (DOL) is the first step required for companies sponsoring current or prospective employees for an EB-2 advanced degree or exceptional ability green card or an EB-3 green card for professional workers. The PERM process aims to protect wages for Americans and establish that any qualified and available U.S. workers receive access to the job prior to offering a green card to the candidate.
If you’d like additional detail about the nuts and bolts of the PERM process, take a look at this previous Ask Sophie column.
In general, PERM requires employers to:
- Perform a good-faith recruitment process to test the labor market for qualified and available U.S. workers.
- Determine an appropriate rate of pay for the position based on the job duties and requirements, as well as a worker’s education and experience.
- File an application with the DOL and receive approval before filing an I-140 Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS).
While the PERM process may seem straightforward, it can quickly become complicated and time-consuming due to strict rules and requirements. Additionally, changes to immigration policies and procedures can greatly impact the PERM process.
Upcoming changes for PERM
There are several changes on the horizon for the PERM process, but as with any immigration policy, they can be subject to change.
Reduction in recruitment
One major change that may occur is a reduction in recruitment requirements for specific occupations. The Biden administration has proposed a rule that would exempt certain occupations from having to undergo a lengthy recruitment process, making it easier for employers to fill critical positions with international talent.
Streamlining the PERM process
The DOL has also indicated that it plans to streamline the PERM process by implementing technology and process improvements. This could potentially speed up the process and make it more efficient for employers.
Increased oversight
Under the new administration, it’s likely that there will be increased oversight and stricter enforcement of PERM regulations. Employers should be prepared to comply with all requirements and ensure that their recruitment processes are conducted in good faith and in accordance with DOL guidelines.
No major policy changes
Overall, it’s unlikely that there will be any major policy changes to the PERM process, but employers should stay up to date on any updates or developments that may impact their immigration strategy.
If you have any questions or concerns about the PERM process or other immigration matters, I highly recommend speaking with an experienced immigration attorney. They can help guide you through the process and ensure that you are fully compliant with all regulations.
Best of luck with all your immigration endeavors in the new year!
Stay safe and healthy,
Sophie
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