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  • Immigration Insights: What You Missed Last Week

    Federal Judge Strikes Down Biden Parole in Place Program  In a significant legal setback, a Texas federal judge ruled against the Biden administration’s “parole in place” program, which allowed undocumented immigrants married to U.S. citizens to remain in the country, work, and seek citizenship. Judge J. Campbell Barker's 74-page ruling sided with 16 Republican-led states, stating that the program exceeded the powers granted to the executive branch by Congress. This decision follows a lawsuit led by Texas Attorney General Ken Paxton, emphasizing ongoing tension in immigration policy battles. The PERM Takeaway:  This ruling highlights the precarious nature of immigration programs that benefit employers relying on foreign labor to fill workforce gaps. Companies should stay proactive, monitoring changes closely and exploring alternative immigration pathways to avoid disruptions. The Full Story Belize Added to Seasonal Work Visa Program After Ban  The Department of Homeland Security announced that Belize will return to the list of eligible countries for H-2A and H-2B seasonal work visas starting November 8. Removed in 2018 due to anti-trafficking compliance issues, Belize’s reinstatement reflects progress in meeting U.S. standards. Belize joins a cohort of 87 countries eligible for agricultural work (H-2A) and 88 for non-agricultural work (H-2B), widening the labor pool for employers needing seasonal labor. The PERM Takeaway:  The inclusion of Belize in the H-2A and H-2B programs offers new options for employers managing seasonal labor needs. This can enhance recruitment strategies for industries dependent on foreign workers, providing a broader, compliant workforce. The Full Announcement What Trump’s Win Could Mean for Businesses   With Donald Trump reclaiming the presidency, businesses hiring foreign talent face uncertainty. A Boundless report warns of potential changes, including stricter visa caps and increased compliance measures that could limit access to international workers and raise operational costs. Companies are advised to prepare for potential policy shifts by diversifying their visa strategies, investing in remote work options, and strengthening internal talent pipelines. The PERM Takeaway:  Trump’s return may signal a shift toward more restrictive immigration policies. Employers should assess their workforce plans, considering alternative solutions like remote teams and internal training to mitigate the impact of potential visa limitations. The Full Report Texas Hospitals Now Required to Track Costs for Treating Undocumented Patients   Texas Governor Greg Abbott’s new directive mandates that hospitals track the costs of treating undocumented patients and gather information on patients' legal status. This rule, similar to a policy in Florida, aims to report the financial burden on the state but has raised concerns about discouraging people from seeking medical attention. Hospitals will report anonymous data on citizenship status and treatment costs to the state starting in March. The PERM Takeaway:  While this new requirement doesn’t directly affect employer-sponsored immigration, it underscores a broader trend of heightened scrutiny on undocumented individuals. Employers should be aware of evolving local and state-level policies, as these could influence the overall landscape of immigrant healthcare access and worker stability. The Fully Story

  • Immigration Insights: What You Missed Last Week

    The News: Trump’s Rally in New York Sparks Backlash Over Racist Comments At a recent rally in New York, Donald Trump faced public outcry after comedian Tony Hinchcliffe made racially charged jokes about Puerto Rico and Black Americans. Although Trump’s campaign quickly distanced itself from the remarks, the incident has sparked debates among both Republicans and Democrats, raising concerns about how Trump’s rhetoric may affect undecided voters as the election nears. The PERM Takeaway:  This backlash underscores the volatility around immigration discussions as election season intensifies. Employers relying on foreign labor should remain vigilant, as inflammatory rhetoric may lead to sudden policy shifts. Staying attuned to political changes could help companies proactively navigate potential disruptions. The Full Story   The News: Musk Addresses Claims of Working Illegally in the U.S. Elon Musk recently addressed allegations that he may have worked illegally in the U.S. after arriving on a J-1 visa. Musk claims he adhered to visa rules and transitioned to an H-1B before launching his first startup. However, experts speculate that if Musk left school prematurely, it could have voided his J-1 status, putting his work authorization in question. The PERM Takeaway:  This incident highlights the complexities surrounding work authorization. Employers sponsoring foreign talent on temporary visas should ensure compliance with work authorization timelines to avoid potential legal challenges. Ensuring clear documentation from the outset can help prevent complications down the line. The Full Story The News: U.S. Embassy in Beirut Resumes Immigrant Visa Processing for Lebanese Families The U.S. Embassy in Beirut has resumed full immigrant visa processing for family members of U.S. citizens, though nonimmigrant visa processing remains suspended. Those with pending nonimmigrant applications must reapply elsewhere, as transfers aren’t permitted. The PERM Takeaway:  This update is promising for family reunification, a critical aspect of immigration support. For employers, it’s a reminder to stay informed on embassy operations worldwide, as changes in visa processing can impact workforce planning and employee expectations. Flexibility in recruitment timelines can help adapt to shifting embassy conditions. The Full Story The News: Lawsuit Claims ICE Illegally Held $300M in Immigrant Bond Payments A federal lawsuit has been filed against ICE, accusing it of illegally retaining over $300 million in bond payments, impacting low-income immigrant families. If successful, the class-action suit could force ICE to return millions to affected families. The PERM Takeaway:  Employers in sectors reliant on foreign workers should keep an eye on this lawsuit, as it could set a precedent for immigration-related legal accountability. This case serves as a reminder of the importance of fair practices in immigration processes and may lead to heightened scrutiny on policies affecting immigrant workers and their families. The Full Story

  • Immigration Nerds Exclusive: Australia's Game-Changing Visa Reform - What the New Skills in Demand Visa Means for Global Talent

    In the latest episode of Immigration Nerds  titled "Australia Update - Ep. 216, "  host Lauren Clark delves into Australia's significant immigration reform with EIG experts Martin Russell and Catherine Thomas from Melbourne. The discussion centers on the transformation of the subclass 482 visa into the new Skills in Demand visa, a change that promises to reshape Australia's approach to skilled migration. Key Takeaways Understanding the 482 Visa Changes The 482 visa allows Australian employers to sponsor skilled overseas workers to fill critical roles. It is categorized into three streams: short-term, medium-term, and labor agreement streams. The upcoming changes include replacing the 482 visa with a new "Skills in Demand" visa, set to launch in late 2024, which will feature three pathways based on annual earnings and occupation type. This restructuring aims to streamline the visa process, widen access to skilled labor, and reduce barriers for applicants. Three-Tiered System and What It Means for Applicants The new visa will introduce three pathways: Specialist Skills Pathway:  Prioritizing highly skilled workers with annual earnings of at least AUD 135,000, excluding lower-skilled roles. Core Skills Pathway:  For those in occupations on the Core Skills Occupation List (CSOL) with guaranteed earnings of AUD 70,000 or more Essential Skills Pathway:  Focusing on essential sectors like aged care and disability support, with fewer details on eligibility criteria yet to be announced. Benefits for Employers and Economic Impact The reforms will provide employers with more flexibility, such as the ability to count non-continuous and casual work towards the work experience requirement. Extending the labor market testing window and the eventual phasing out of this requirement will also simplify the hiring process. These changes are expected to help Australian businesses remain competitive by expanding access to a global talent pool, thereby addressing skill shortages more effectively. New Protections and Compliance Measures The government is not only increasing the pool of eligible workers but also implementing measures to protect migrant workers from exploitation. Initiatives include funding education on legal rights and improving visa processing times. These efforts aim to ensure that the system remains fair while being responsive to the evolving labor market. Challenges and Considerations for the Transition While the reforms promise to enhance the visa system, the implementation process will pose challenges. Some of the changes require additional agency involvement, and compliance adjustments may be needed. Employers and applicants should stay informed and prepared for a potentially complex transition period over the next 12 months. Quote Highlight A standout comment from the episode came from Catherine Thomas, who noted: "The upcoming changes to the 482 visa program aim to better match skilled workers with critical economic sectors, ensuring that Australia remains competitive while addressing skill shortages more efficiently." Why This Episode Is a Must-Listen This episode provides crucial insights into Australia's evolving immigration landscape, offering valuable information for both employers and skilled workers considering opportunities in Australia. The detailed breakdown of the upcoming visa changes, combined with expert analysis of their implications, makes this essential listening for anyone involved in global mobility or considering work opportunities in Australia. Stay informed about these significant changes by following updates on eiglaw.com and subscribing to the Immigration Nerds podcast. For specific guidance on how these changes might affect your situation, reach out to your EIG contact for personalized assistance.

  • Atlas Receives 2024 Inc. Power Partner Award: What It Means for Our Clients

    We are thrilled to announce that Atlas has been named a 2024 Inc. Power Partner. This prestigious accolade celebrates B2B organizations that demonstrate a profound impact on the success of their clients. For us, it reinforces our dedication to delivering exceptional PERM labor certification advertising and recruitment services for U.S. employers and immigration law firms. What Is the Inc. Power Partner Award? The Inc. Power Partner Award recognizes the most trusted B2B companies delivering critical services and products that drive business success. Honorees are chosen based on client nominations and testimonials, emphasizing real-world impact. What This Recognition Means for Atlas Being recognized as an Inc. Power Partner is a testament to our unwavering dedication to excellence in PERM advertising. This award acknowledges Atlas's precision in navigating the complexities of PERM labor certification and our commitment to our clients' success. It solidifies our position as the go-to agency for employers and law firms demanding flawless compliance and execution for PERM ads. How Does This Benefit Our Clients? Assured Quality : As a top-tier B2B provider, we consistently deliver high-quality services that streamline the PERM labor certification process. This assurance translates to smoother workflows, fewer complications, and increased success rates for our clients. Industry Leadership : We stay at the forefront of industry trends and best practices. By anticipating regulatory changes and employing cutting-edge strategies, we give our clients a competitive edge in immigration advertising. Our innovative approach optimizes recruitment ads and ensures compliance with evolving requirements. Proven Track Record : This third-party validation confirms our success in navigating the complexities of PERM recruitment. Clients can trust in our ability to manage intricate regulatory requirements, significantly reduce audit risks, and ensure timely, strategic ad placements. Enhanced Client Experience : Beyond technical precision and compliance, we prioritize an exceptional client experience. This means responsive communication, tailored strategies, and a deep understanding of each client's unique needs. Our personalized approach ensures that every interaction with Atlas is not just efficient, but also seamless and supportive. Looking Forward As we celebrate this achievement, we remain committed to our vision of being the beacon in PERM Labor Certification advertising. We pledge to: Continue navigating immigration advertising complexities with unmatched precision Deliver results that create tangible value for our clients and their customers Push the boundaries of excellence in PERM ads To our valued clients and partners, thank you for your trust and support. This recognition is as much yours as it is ours. Together, we'll continue to set new standards together.

  • Immigration Insights: What You Missed Last Week

    Trump and Harris Court Latino Voters in Competing Univision Town Halls In a bid to sway Latino voters, Donald Trump and Kamala Harris took the stage in separate Univision town halls. Trump emphasized his economic accomplishments, though he repeated discredited claims about Haitian migrants. He focused on legal immigration, sidestepping the labor impact of deportations. Harris, meanwhile, shared her immigrant background, reiterated her support for Dreamers, and committed to a balanced approach of border security and a pathway to citizenship. With Latino voters crucial in swing states, both campaigns are vying for this key demographic ahead of the 2024 election. The PERM Takeaway:  The focus on legal immigration underscores the significance of employment-based green card programs like PERM. As political attention on immigration intensifies, employers should anticipate potential policy shifts that could affect labor supply, especially in agriculture and other industries reliant on foreign workers. The Full Story USCIS Updates Expedite Request Guidelines USCIS has refined its expedite request guidelines, providing clarity on criteria for cases that may warrant faster processing. These include matters related to public safety, government interests, emergencies, or urgent travel needs. Applicants can make expedite requests through their USCIS online account or the agency's Contact Center, especially for travel-related cases involving Form I-131. The PERM Takeaway:  Employers dealing with time-sensitive immigration processes should be aware of the updated guidelines, which may aid in expediting certain cases. Staying informed about these changes can help businesses avoid delays that could impact hiring timelines for critical foreign talent. Catch The Alert Three U.S. Immigrant Economists Win 2024 Nobel Prize The contributions of immigrants to American society shone brightly as three immigrant economists won the 2024 Nobel Prize in economics. Daron Acemoglu, Simon Johnson, and James Robinson were recognized for their work on the relationship between societal institutions and economic success. This achievement underscores the significant role immigrants play in academia and innovation in the U.S., with immigrants making up a substantial portion of American Nobel laureates in economics. The PERM Takeaway:  The win highlights the valuable contributions of immigrant professionals and reinforces the importance of employment-based immigration pathways like PERM. Facilitating the entry of skilled workers is crucial for maintaining the U.S.'s position as a leader in global innovation and research. The Press Release Biden Administration Grants Temporary Protected Status to Lebanese Nationals Amid Conflict In response to the ongoing conflict between Hezbollah and Israeli forces, the Biden administration designated Temporary Protected Status (TPS) for Lebanese nationals already in the U.S. Approximately 11,000 individuals are now eligible to remain and work in the country for 18 months. This move aims to provide stability while diplomatic efforts continue in the region, with significant implications for Lebanese-American communities in key battleground states. The PERM Takeaway:  Employers may see a broader pool of eligible workers due to TPS, but they should note that TPS holders are not automatically eligible for permanent residency. The PERM process remains a vital tool for transitioning temporary protection into long-term employment solutions for those who meet eligibility criteria. The Full Story

  • This Week in Immigration: Exploring AI's Role in Modernizing Immigration Processes – Episode 180

    In the latest episode of the This Week in Immigration podcast, the discussion dives deep into the integration of artificial intelligence (AI) in immigration services. Featuring insights from Teresa Cardinal Brown of the Bipartisan Policy Center and Baram Sha, co-founder of Just Futures Law, this episode is a must-listen for those involved in immigration law or policy. The episode critically examines AI's potential in streamlining immigration procedures and the significant concerns it raises about privacy, accountability, and bias. Key Takeaways The Promise of AI in Immigration: Efficiency Amid Backlogs The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) are exploring AI to manage immigration-related tasks, like backlog reduction and fraud detection. AI tools, such as chatbots and predictive models, are expected to enhance processes like approval predictions, document processing, and identity management, potentially transforming immigration services. Concerns Over AI-Induced Bias and Accountability More than 140 civil rights and immigrant advocacy groups have voiced concerns regarding AI's application in immigration enforcement. There are fears that predictive algorithms and tools, such as biometric surveillance and AI-assisted decision-making, could introduce bias and unfairness in processing applications. AI could exacerbate existing biases within immigration procedures, particularly in asylum cases, where cultural and linguistic differences might affect the tool's assessment of credibility and fraud. Transparency and Regulatory Challenges The executive orders signed by Presidents Trump and Biden laid out AI regulation guidelines, yet implementation has been challenging. For instance, DHS is required to create AI use inventories, but these inventories often lack clarity and detail. The call for DHS to halt or revise its AI programs by December 1, 2024, emphasizes the urgency for comprehensive oversight and transparency to ensure that AI deployment aligns with privacy rights and anti-discrimination standards. Quote Highlight  A resonant point from Baram Sha captures the cautious approach needed: "We’re not anti-AI, but the way data is being used without clear oversight is concerning. AI must be applied with transparency and accountability to avoid compounding existing biases." Why This Episode Is a Must-Listen   This episode sheds light on both the potential and pitfalls of AI in immigration. It highlights the significant role that emerging technologies play in shaping the future of immigration processes while also stressing the need for responsible application. Whether you're an immigration professional, a policy enthusiast, or someone affected by immigration issues, this episode provides valuable insights into the evolving landscape of technology in public services. Listen to the Full Episode

  • Immigration Insights: What You Missed Last Week

    Biden Administration Ends Legal Status for Hundreds of Thousands of Migrants  The Biden administration announced a significant shift, deciding not to renew a temporary humanitarian program for migrants from Cuba, Venezuela, Haiti, and Nicaragua. While new applicants will still be accepted, current participants will no longer receive extensions, putting many at risk of deportation. This decision signals a tightening of immigration policies amidst growing political pressure and shifting priorities. The PERM Takeaway:  With humanitarian programs ending, employers relying on workers from these countries may face disruptions. Companies should stay informed on the evolving legal status of employees and consider sponsoring workers through employment-based visa programs like PERM to ensure workforce stability. Federal Appeals Court Weighs Future of DACA  The Deferred Action for Childhood Arrivals (DACA) program is back under legal scrutiny, as a federal appeals court considers arguments from the Biden administration and Texas. Supporters argue that DACA has allowed over 535,000 undocumented immigrants brought to the U.S. as children to contribute positively to the economy, while critics claim the program burdens state resources. The court's decision could profoundly impact these recipients' future in the U.S. The PERM Takeaway:  Employers who hire DACA recipients should prepare for potential changes. The outcome of the case could affect workers' ability to stay employed legally. Businesses may want to explore alternative visa options for their workforce to avoid disruptions. Trump’s Immigration Plan Threatens Legal Protections for Millions  Former President Donald Trump outlined his immigration strategy for 2024, vowing to revoke Temporary Protected Status (TPS) for thousands of Haitian immigrants. He also hinted at ending programs like DACA and humanitarian parole, putting millions at risk. The move reflects a broader trend towards restricting both legal and undocumented immigration under his platform. The PERM Takeaway:  As policies shift, businesses must plan ahead. A possible reduction in TPS and DACA protections could mean fewer workers available for essential roles. Employers should consider leveraging employment-based visa pathways to secure skilled labor, despite potential political upheaval. Illegal Border Crossings Drop to Lowest Level of Biden Presidency  In a rare sign of progress, illegal border crossings hit their lowest mark since 2020. A significant 78% drop in September follows the Biden administration's implementation of stricter asylum regulations, alongside increased use of a mobile app for asylum seekers at legal entry points. The shift represents an effort to regulate immigration while maintaining lawful pathways. The PERM Takeaway:  Lower illegal border crossings and the prioritization of legal entry may open new opportunities for employers seeking foreign workers. A more controlled immigration flow could lead to streamlined processes for employment-based sponsorship programs, benefiting businesses needing skilled labor. U.S. Adds Qatar to Visa Waiver Program  Starting December 1, 2024, Qatar will join the U.S. Visa Waiver Program, enabling Qatari citizens to travel to the United States without a visa for up to 90 days. This inclusion aims to enhance security and ease travel between the two nations, marking a positive step for U.S.-Qatar relations. The PERM Takeaway:  The addition of Qatar to the Visa Waiver Program signals a broader trend towards facilitating international mobility. While the program focuses on short-term travel, businesses might find it easier to establish initial connections with Qatari professionals, which could pave the way for future employment-based visa sponsorship. USCIS Updates Form I-131 for Travel and Parole Documents  USCIS is rolling out a revised version of Form I-131, effective October 11, 2024. The updated form aims to clarify instructions and improve security features for applicants seeking travel, parole, and arrival/departure documents. Any applications submitted on the outdated form will be rejected. The PERM Takeaway:  Staying on top of form changes is crucial for employers and foreign workers navigating the immigration process. Ensuring compliance with updated USCIS forms can help prevent unnecessary delays in obtaining essential travel documents, maintaining the mobility of international employees.

  • Immigration Insights: Crunching the Numbers on America's Newcomers

    Economic Boost from Unexpected Quarters The Congressional Budget Office (CBO) has released a report shedding light on the recent "immigration surge" of people entering the US without lawful-immigrant or temporary-worker status. This influx, which includes those who entered illegally, overstayed visas, and various other categories, has skyrocketed from about 200,000 annually to approximately 1.7 million per year since 2020. By 2026, the CBO projects a total increase of 8.7 million compared to pre-2020 trends. The PERM Takeaway: While PERM focuses on lawful employment-based immigration, understanding broader immigration trends is crucial. The significant increase in various immigrant categories could impact labor market dynamics and potentially influence PERM wage determinations. Fiscal Implications: A Surprising Silver Lining Despite concerns about the costs associated with irregular immigration, the CBO's projections paint a more nuanced picture. The post-2020 surge is expected to add $1.2 trillion to federal revenue over the next decade, roughly equivalent to raising all personal income tax rates by 1 percentage point. This revenue boost stems from immigrants joining the workforce, paying taxes, and contributing to overall economic growth. The report also projects a $9 trillion increase in GDP due to population growth, higher labor-force participation, and increased productivity among new arrivals. The PERM Takeaway: The positive fiscal impact of even unplanned immigration underscores the potential economic benefits of well-managed, skills-based immigration programs like PERM. Employers should consider how these broader economic trends might support their cases for hiring foreign workers. Balancing Act: Costs vs. Benefits While the federal government stands to see a net positive fiscal impact, with projected spending increases of $300 billion offset by the $1.2 trillion in additional revenue, the picture for states and cities is less clear. Local governments may face higher costs, particularly in education, as they absorb new arrivals. However, the overall economic impact appears to be neutral to positive, even for this unplanned influx. The PERM Takeaway: As debates around immigration policy continue, PERM practitioners should emphasize the economic contributions of skilled foreign workers. The CBO's findings suggest that even unplanned immigration can yield economic benefits, strengthening the case for well-managed, employment-based immigration programs. Read the full story here

  • Understanding the Prevailing Wage Determination (PWD) Process in the PERM Labor Certification

    In today's global economy, understanding the Prevailing Wage Determination process is crucial for employers seeking to hire foreign talent while ensuring fair labor practices.  Welcome to our guide on the PWD, a crucial step in the PERM labor certification process. This video is designed to demystify the PWD process, offering valuable insights to both employers and foreign workers. Our goal is to empower you with the knowledge to navigate this process successfully and with confidence. What is PWD? The Prevailing Wage Determination is a cornerstone of the PERM process. It ensures that the wages of foreign workers align with those of U.S. workers in similar roles within the same geographical area. This mechanism is vital to safeguarding the job market from wage suppression and ensuring that foreign labor does not negatively impact U.S. workers' earnings. The Department of Labor (DOL) is tasked with determining these wages, upholding fairness and compliance with federal immigration standards. Steps in the PWD Process To obtain a PWD, employers must complete and submit Form ETA-9141 to the National Prevailing Wage Center. This process involves: Filing Form ETA-9141 through the Foreign Labor Application Gateway (FLAG) system. Providing detailed job information, including duties, educational requirements, and the location of employment. Receiving the wage determination, which remains valid for 90 days to one year, depending on specific circumstances. The FLAG system streamlines the application process, making it accessible and efficient for employers across the country. Factors Affecting PWD Several factors can influence the prevailing wage determination: Location: Geographic disparities mean that wages can vary significantly. For instance, a software engineer in San Francisco may earn a higher wage than one in a less costly area like Oklahoma City. Job Title and Duties: Different occupational codes can lead to different wage determinations, reflecting the unique demands of each role. Experience and Education: Higher qualifications and experience levels often correspond with higher wage levels, ensuring competitiveness and skill alignment in the job mark Understanding these factors helps employers prepare more accurate and competitive job descriptions. Challenges and Solutions The PWD process is not without its challenges. Common pitfalls include: Selecting the wrong Standard Occupational Classification (SOC) code, which can result in inappropriate wage levels. Misestimating wage levels, leading to compliance issues and potential delays. To overcome these challenges: Ensure precise and detailed job descriptions and requirements. Consult with experienced immigration attorneys to navigate complex scenarios. Use reliable data sources like the Occupational Employment Statistics (OES) program for wage estimates, ensuring that your wage requests align with industry standards. In summary, the PWD process is pivotal in maintaining fair wages and compliance when hiring foreign workers. By understanding and navigating this process effectively, you can protect your business and contribute to a fair labor market. For further assistance, consult with legal experts or visit the Department of Labor's website for more resources. Thank you for watching, and we invite you to reach out with any questions. Remember, knowledge is power, and with the right guidance, you can successfully navigate the PWD process.

  • Immigration Insights: What You Missed Last Week

    Visa Services Expand, Border Crossings Plummet The immigration landscape continues to evolve, with significant changes in visa services and border policies. The U.S. Embassy in Havana has broadened its visa offerings, now including certain temporary work and exchange program visas for Cuban applicants. Meanwhile, the southern border has seen a dramatic decrease in illegal crossings, with August numbers dropping by more than 50% since new asylum restrictions were implemented in June. The PERM Takeaway: Streamlined visa services mean faster processing times for employment-based visas, particularly for Cubans seeking work in the U.S. Employers should take advantage of these changes to accelerate recruitment for temporary workers. However, business and tourist visas still face obstacles. Asylum Policy Shifts Lead to Fewer Border Crossings Since the introduction of new asylum restrictions by President Biden in June, illegal crossings at the U.S.-Mexico border have significantly decreased. Border Patrol recorded a 50% drop in encounters, marking some of the lowest figures since 2020. Despite a slight increase in August, the trend shows that tighter asylum policies are reducing unauthorized entries. The PERM Takeaway:  As border crossings decrease, there could be less strain on industries dependent on a steady influx of immigrant labor. However, businesses relying on asylum seekers or undocumented workers may face labor shortages, so now is the time to invest in legal recruitment channels through employment-based visas, such as the PERM program. Public Opinion Shifts on Immigration A recent Scripps News/Ipsos poll reveals a surprising trend: 54% of Americans now support mass deportation of undocumented immigrants. This sentiment varies greatly across party lines, highlighting the complex and divisive nature of immigration policy in the current political climate. The PERM Takeaway: With immigration policy being a key election issue, companies relying on immigrant labor should prepare for potential shifts depending on the election outcome. USCIS Updates: H-2B Cap and Green Card Extensions H-2B Visa Cap Reached The H-2B visa cap for the first half of fiscal year 2025 has been met, with September 18, 2024, marking the final submission date for workers seeking employment before April 1, 2025. Employers should note that certain exempt petitions are still being accepted. Green Card Validity Extended In a move to accommodate longer processing times, USCIS has extended the validity of Green Cards to 36 months for lawful permanent residents filing Form I-90. This change provides extended proof of status and employment authorization for those awaiting their renewed cards. The PERM Takeaway: Employers who missed the H-2B visa window should look for alternative hiring strategies to fill labor gaps until April 2025. Meanwhile, the 36-month Green Card extension provides some stability for employers managing long-term foreign workers, ensuring that there’s less disruption in employment verification and work authorization while waiting for renewals. Political Discourse Heats Up Vice President Kamala Harris has strongly condemned former President Donald Trump's recent comments about Haitian migrants, describing them as "hateful rhetoric" that needs to stop. As the 2024 campaign season intensifies, immigration remains a key issue for voters, second only to inflation in importance. The PERM Takeaway: As immigration rhetoric heats up, employers should stay mindful of the potential public backlash that could influence policy or hiring sentiment. Keeping a low profile on controversial issues while focusing on workforce needs will be key in navigating the political climate. As always, stay tuned for more updates that could affect your PERM advertising strategies and labor certification processes. At Atlas, we're committed to keeping you informed and compliant in the ever-changing landscape of immigration law.

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