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Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Will DOL Update Schedule A List to Address Labor Shortages?

The Schedule A list of occupations that do not require the employer to conduct a labor market test (a PERM labor certification) as part of a green card application process has not been updated in at least 20 years. Almost a...more

DOL Proposes Additions to Schedule A Occupations List in Response to Executive Order on AI

In response to the Executive Order (EO) on Artificial Intelligence, on December 21, 2023, the Department of Labor (DOL) issued a request for information in the Federal Register asking for public comment on possible additions...more

Five U.S. Immigration Law Trends to Watch in 2022

A series of significant developments in U.S. immigration law has already marked the beginning of 2022 and more can be expected. In January, the Biden Administration unveiled a series of policies aimed at attracting and...more

O-1 and EB-1 Visa Adjudication Following USCIS Change

USCIS has increased the evidentiary burden for petitions for the O-1 Extraordinary Ability visa to mirror that for the EB-1 Extraordinary Ability visa. Both the O-1 nonimmigrant and EB-1 immigrant visa classifications...more

Immigration Reform Bill

The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration...more

Challenge To DHS Authority To Issue STEM OPT Extension Rule May Proceed, Court Rules

The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v....more

USCIS Introduces Onsite Training Restriction On Staffing Agencies Hiring OPT STEM Students

The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must...more

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