The U.S. government’s interest in protecting U.S. workers is well-established and particularly compelling in current economic conditions. The Department of Labor (DOL) promulgated regulations consistent with standards established by Congress to ensure that U.S. workers are not precluded from employment opportunities in favor of foreign workers. The DOL seeks to achieve its objectives in governing components of two of the most critical processes that employers rely upon to hire and retain foreign workers: the H-1B program, the most popular visa category for temporary professional occupations, and the PERM program, the first step in the permanent residence process for most foreign workers.
Recent decisions indicate that the DOL’s regulatory interpretations are changing, and it is unclear whether these new trends will become established policy. The manner in which the DOL is implementing its authority is making it significantly more difficult for employers to sponsor foreign nationals for H-1B classification and permanent residence. This article will address recent DOL activity and its impact on sponsoring employers.
New LCA Process
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
