Sophie Alcorn, lawyerauthor and founder of Alcorn Immigration Law in Silicon Valley, California, is a Certified Specialty Attorney in Immigration and Nationality Law awarded by the Board of Legal Specialization of the State Bar. Sophie is passionate about transcending borders, expanding opportunities, and connecting the world by practicing compassionate, visionary, and expert immigration law. Connect with Sofia in LinkedIn and Twitter.
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Dear Sophie,
Our operational and human resources consulting firm primarily works with technology startups. Could you provide us with an update on what we should keep in mind in the new year as it relates to the PERM process? Thank you!
— Hopeful HR
Dear hopeful,
Happy new year! I am excited about what the year 2024 will bring in terms of immigration policy changes designed to attract and retain international talent in STEM fields, particularly those spurred by President Biden's decision. executive order on ai.
If you haven't already, talk to an immigration attorney about the complex. PERMANENT process, time, risks and alternative options based on a company's hiring situation and an employee's immigration status.
Now, let me give you a little context on where the PERM process currently stands before I delve into the changes you should pay attention to that will (or won't :)) affect PERM.
The current state of PERM
As you know, obtaining PERM labor certification from the U.S. Department of Labor (DOL) is the first step required for companies sponsoring current or potential employees for a job. EB-2 green card with advanced degree or exceptional ability or a EB-3 Green card for professional workers. The PERM process aims to protect Americans' wages and establish that any qualified and available American worker receives access to work before offering a green card to the candidate.
For additional details on the nuts and bolts of the PERM process, take a look at this previous Ask Sophie column.
Generally, PERM requires employers to:
