Sponsoring Foreign Workers for Green Cards in 2022: Top 10 issues for employers to validate in the wake of a $14.25 million financial settlement

Employment & Benefits associate Max Del Rey (Washington DC) spoke at this webinar, which covered best practices for managing a PERM labor certification process in light of the recent DOJ settlement and the surrounding regulatory framework.

Key topics discussed:

• Low unemployment rates and a shortage of STEM talent continue to drive visa sponsorship of foreign workers by US employers
• H-1B visas have a ceiling of six years, unless workers are sponsored by their employers for “green cards” early in the process (typically by year four)
• Many employers, particularly in the tech arena, are offering foreign workers “green card”
• Sponsorship as of the start date with the company as a recruitment incentive
• Companies sponsoring workers for employment-based green cards are required to show as part of the application process that they couldn’t find any qualified American workers to fill the job, a job market testing program known as “PERM” sponsorship
• A major technology company agreed on October 19, 2021, to pay a financial penalty of up to $14.25 million, which includes $4.75 million to the US government and up to $9.5 million to eligible victims of alleged discrimination