Sophie Alcorn, lawyerits author and founder Alcorn Immigration Law in California’s Silicon Valley, is an award-winning Certified Specialist in Immigration and Nationality Law from the State Bar Board of Legal Specialization. Sophie is passionate about overcoming borders, expanding opportunities and connecting the world by practicing compassionate, visionary and experienced immigration law. Connect with Sophia on LinkedIn and Twitter.
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Dear Sophia,
Our HR and operations consulting firm works primarily with technology startups. Could you provide an update on what to look out for in the new year in terms of the PERM process? Thanks!
— Optimistic HR
Dear Hope,
Happy New Year! I’m excited about what 2024 will bring in immigration policy changes aimed at attracting and retaining international talent in the STEM fields, particularly those pushed by President Biden executive order on artificial intelligence.
If you haven’t already, talk to an immigration attorney about the complex PERM process, timing, risks and alternatives based on a company’s hiring status and an employee’s immigration status.
Now, let me give a little context on where things currently stand with the PERM process before we dive into the changes you should be aware of that will — or won’t 🙂 — affect PERM.
The current state of PERM
As you know, obtaining PERM labor certification from the US Department of Labor (DOL) is the first step required for companies sponsoring existing or prospective employees for EB-2 advanced degree or outstanding ability green card or if EB-3 green card for professional workers. The PERM process aims to protect wages for Americans and determine that all qualified and available workers in the US have access to the job before offering the applicant a green card.
If you want more details on the nuts and bolts of the PERM process, check out this previous Ask Sophie column.
In general, PERM requires employers to:
