Ask Sophie: What changes are coming to PERM?

Sophie Alcorn, lawyer, author and founder of Alcorn Immigration Law in Silicon Valley, California, is an award-winning Certified Specialist Attorney in Immigration and Nationality Law by the State Bar Board of Legal Specialization. Sophie is passionate about crossing borders, expanding opportunity, and connecting the world by practicing compassionate, visionary, and expert immigration law. Connect with Sophie on LinkedIn and Twitter,

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Dear Sophie,

Our HR and operational consulting firm works primarily with tech startups. Will you provide an update on what we need to keep an eye on in the new year when it comes to the PERM process? Thank you!

– Hopeful HR

Dear Hopeful,

happy new year! I am excited that 2024 will bring changes to immigration policy to attract and retain international talent in STEM fields, particularly driven by President Biden’s executive order on AI.

If you haven’t done so yet, talk to an immigration attorney about the complex PERM process, timing, risks, and alternative options depending on the company’s hiring status and the employee’s immigration status.

Now, I’d like to provide a little context about where things currently stand with the PERM process before we dive into the changes you should pay attention to – or not 🙂 – that will impact PERM. .

Current status of PERM

As you know, obtaining PERM labor certification from the U.S. Department of Labor (DOL) is a prerequisite for companies sponsoring current or prospective employees for the EB-2 Green Card for Advanced Degree or Exceptional Ability or the EB-3 Green Card for Professional. is the necessary first step. staff. The purpose of the PERM process is to protect wages for Americans and to establish that any qualified and available American worker has access to a job before a candidate is offered a green card.

If you want additional details about the nuts and bolts of the PERM process, take a look at this previous Ask Sophie column.

In general, PERM requires employers to: