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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

Maximillian L. Del Rey
Maximillian L. Del Rey | MAYER BROWN

Max is an associate in Mayer Brown’s Washington DC office working in the Employment & Benefits group. He has extensive experience advising clients on issues related to global mobility and migration, as well as immigration-related compliance and risk management.

On-Demand: January 28, 2022

$195.00 2 hour CLE

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Program Summary

A recent DOJ settlement lays out a new blueprint for how employers need to operate their PERM programs. Attorneys can expect to learn best practices for managing a PERM labor certification process in light of this recent settlement and the surrounding regulatory framework.

Key topics to be discussed:

What’s the State of Play Today?

  • 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

How is the Government Likely to Enforce Requirements of PERM Sponsorship in Light of this Settlement?

In this Environment of High-Need and High-Enforcement, What Should US Employers with Legitimate Needs for Sponsorship Do?

Date / Time: January 28, 2022

 

Closed-captioning available

Speakers

Maximillian L. Del Rey_myLawCLEMaximillian L. Del Rey | MAYER BROWN

Max is an associate in Mayer Brown’s Washington DC office working in the Employment & Benefits group. He has extensive experience advising clients on issues related to global mobility and migration, as well as immigration-related compliance and risk management. He advises domestic and multinational clients on the use of relevant employment-based work permit and visa categories to meet their training and hiring needs. His representative matters include enterprise-level programmatic development of immigration policy and systems for clients, as well as management of best practices in the preparation of the full range of US employment-based immigration – from nonimmigrant (temporary) visa categories, through permanent residency sponsorship and naturalization.

Max has also focused his practice on complex cases in employment-based immigration, including O-1 extraordinary ability petitions for business executives, athletes, and artists, as well as complex cases in the H-1B, L-1, labor certification, and multinational manager contexts. Max’s representative work within his practice area includes representation of large companies and multinational firms, as well as individual clients, startup companies, and small and mid-size corporations on U.S. immigration matters.

In addition, Max is a member of Mayer Brown’s Litigation & Dispute Resolution practice, with experience in employment-based litigation and compliance. He has litigation and counseling experience with employment-related issues, including wrongful termination, wage and hour, harassment and discrimination claims, as well as OSHA matters and reductions in force. He also represented clients in corporate internal investigations and the protection of trade secrets/confidential information.

Max is a member of the Recruiting Committee for Mayer Brown’s Washington DC office.

Agenda

1. Employers seeking to mitigate risk in the PERM area will need to vet whether their programs have any of the indicia of problems that would lead to government scrutiny. | 1:00 pm – 2:00 pm

Break | 2:00 pm – 2:10 pm

2. We will review key factors and best practices that will permit employers to take corrective actions early, or, if all is in good stead, to document the strength of their PERM compliance program. | 2:10 pm – 2:40 pm
3. Employers that vet and mitigate errors—including by carefully utilizing and reviewing available data analytics—will be in a stronger position to defend challenges that are likely to arise in the wake of the recent DOJ settlement. | 2:40 pm – 3:10 pm

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