Dinsmore & Shohl LLP’s Post

📣 Attention job seekers outside the EU! The new directive grants a right to work and stay in the EU through a single permit. Embrace this opportunity for a smoother transition into the European job market. 📖 Learn more: https://lnkd.in/eajUyXmk #EUJobMarket #GlobalMobility #Immigration

DAILY IMMIGRATION DOSE: Employment-Based Green Card Process - Understanding the PERM Labor Certification The first step in pursuing an employment-based green card is the PERM labor certification process. This process is intended to ensure that there are no qualified U.S. workers available for the position before an employer sponsors a foreign worker for permanent residency. The PERM labor certification process requires the employer to conduct a good faith recruitment effort to test the labor market for potential U.S. workers. This includes advertising the job opening through various channels and documenting the results of the recruitment efforts. Once the recruitment period is complete, the employer must file a PERM labor certification application with the Department of Labor, demonstrating that there were no qualified U.S. workers available for the position. It's important to note that the PERM labor certification process can be complex and time-consuming. Employers and foreign workers must ensure strict compliance with all regulatory requirements to avoid delays or denials in the green card process. For employers and foreign workers navigating the PERM labor certification process, seeking the guidance of an experienced immigration attorney can be invaluable in understanding the intricacies of the process and ensuring compliance with all requirements. #PERMLaborCertification #EmploymentBasedGreenCard #GreenCardProcess #ComplianceStrategies DISCLAIMER: NOT LEGAL ADVICE, USE AT YOUR OWN RISK.

What is a PERM Priority Date? Everything you need to know about PERM priority dates in the employment green card process: https://lnkd.in/gj7VPXBz #PERM #immigrationnews #immigration #BoundlessImmigration #uscis #Immigrationnews #greencard #HR #StrategicImmigration #mobility

One welcome change in April was that the “supplementary employment” rules for Skilled Workers were relaxed to allow 20 hours of supplementary work in any job on the Skilled Woker lists. Whilst this change was correctly set out in the Immigration Rules, the Right to Work guidance for employers was not updated and continued to detail the stricter conditions. Thankfully, on 23/09 updated guidance was published to accurately reflect the relaxation. Employers who are offering “supplementary employment” must however be satisfied by evidence: - the individual remains in their sponsored employment - any “supplementary employment” will be outside the contracted hours of their sponsored employment - No more than 20 hours is permitted and the employer should be satisfied the individual is not engaged in other “supplementary employment” And of course, the employer must be satisfied that the “supplementary employment” is in a role on one of the relevant Skilled Workers lists. We routinely advise on Right to Work issues including delivering half-day training on all the relevant checks and the overall Right to Work regime, and how it interacts with employment law. If any employer requires advice or training, please do contact me.

Navigating the complexities of immigration laws can be quite the task, especially when it comes to ensuring compliance with updated income statistics for work and residence permit applications. It's crucial to stay informed about these changes to support your international employees effectively. #HRCompliance #GlobalMobility #ImmigrationLaw #WorkPermit #Denmark #IncomeStatistics #EmployeeSupport

The U.S. Department of Labor (DOL) has extended the deadline for comments to the Request for Information (RFI) amending the Schedule A list of shortage occupations and the submission of other information from February 20 to May 13, 2024. DOL noted that its Employment and Training Administration (ETA) "has received a very limited number of comments, many of which do not provide the information requested or address the questions raised in the RFI[,]" and that ETA "received a request from a stakeholder [the AFL-CIO] for an extension of the public comment period." See: https://lnkd.in/gPy_m6pe, https://lnkd.in/ghUbun5R and https://lnkd.in/gSdkiWpV. The DOL's justification for an extension of roughly 12 weeks is unconvincing. Six days remained for public comments under the February 20 deadline, and typically the most detailed and authoritative comments from stakeholder organizations are received just before or on the submission deadline. Moreover, the postponement makes it likely that Office of Management and Budget review and approval of any proposed or final DOL rule amending Schedule A will be unduly delayed and that a final Schedule A amended regulation might not become effective until year end, if at all. Worse still is the absence in the DOL extension notice of any concern for the urgent need to expand Schedule A shortage occupations to STEM and non-STEM jobs as expressed in President Biden's October 2023 Executive Order on Artificial Intelligence. The American public and #immigration stakeholders deserve speedier action by DOL.

🙌 New Approaches to Solving the Labor Shortage: The EB-3 Program In the United States, the persistent issue of labor shortage has been a subject of concern for policymakers, businesses, and workers alike. As industries continue to expand and evolve, the demand for skilled labor often outstrips the available supply. In addressing this challenge, one innovative solution has gained attention in recent years: the EB-3 program. The EB-3 program, part of the Employment-Based Immigration category, is designed to provide a pathway for foreign workers to obtain permanent residency in the U.S. through employment. Unlike some other visa categories that focus on highly skilled individuals, the EB-3 program targets professionals, skilled workers, and unskilled workers, each with their own specific eligibility criteria. Continue reading at:

Our Managing Director Jonathan Beech spoke with HR magazine and advised that employers who are already sponsoring skilled workers will need to ensure they plan ahead for changes to their immigration status. “Employers will need to figure out what rules will need to be met at the time employees get their immigration expiry date come up. Read the full article below 👇 https://lnkd.in/eZUENVDq #Immigrationlaw #immigrationlawyer #ukvisa

The employment-based #immigration system in the United States offers few options to accelerate the path to a green card. One lesser-known way is Schedule A, an exemption from the slow and tedious PERM labor certification process administered by the U.S. Department of Labor (DOL). Schedule A avoids the PERM requirement that the labor market be tested through a recruitment effort intended to see if any U.S. workers are available, willing, able and qualified to fill a position that would otherwise go to a foreign worker. Unfortunately, the DOL has not updated Schedule A in 20 years. It is now only available to certain nurses, physical therapists and noncitizens of exceptional ability. Prodded, however, by President Biden's Executive Order on artificial intelligence issued last October, the DOL has published a request for information seeking public comment on the possible expansion of Schedule A to include more STEM and non-STEM occupations. The deadline to submit a comment, February 20, is fast approaching. Ashlee Drake Berry, Mayreni Heredia and I describe the Schedule A backstory and the opportunity to comment in this blog post just published by Worldwide ERC. https://lnkd.in/eTtVhDiC. Don't miss out on this rare opportunity to expand Schedule A. #globalmobility #vialtopartners

Starting April 1, the Danish immigration authorities will assess applications using the latest income statistics from the fourth quarter of 2023. This means both new and extension applications must align with Danish standards in terms of salary and employment terms. For applications submitted between Jan. 1 and March 31, the third quarter of 2023's statistics will apply. For employers, this update is a reminder to carefully plan for 2024, ensuring that budgets and employment contracts meet the new standards. It also emphasizes the importance of thoroughness in application processes, guaranteeing all documentation reflects the current requirements. Staying ahead of these changes not only facilitates smoother transitions for international hires but also reinforces your organization's commitment to compliance and global talent support. #HRCompliance #GlobalMobility #ImmigrationLaw #WorkPermit #Denmark #IncomeStatistics #EmployeeSupport