Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 06 AUGUST 2008

DOL and PERM: "Vigorously Enforcing" A Fictional "Statutory Mandate"

Seyfarth Shaw LLP
Explore more from Seyfarth Shaw LLP

The saga of DOL's new focus on PERM enforcement continues. As reported yesterday in the National Law Journal ("Labor Agency Audit of Firm Angers Immigration Lawyers"), after clearing away its pre-PERM backlog in the fall of last year, the Department of Labor found itself with time on its hands.

United StatesImmigration
Angelo A. Paparelli
Angelo A. Paparelli
Author LinkedIn connections

The saga of DOL's new focus on PERM enforcement continues. As reported yesterday in the National Law Journal ("Labor Agency Audit of Firm Angers Immigration Lawyers"), after clearing away its pre-PERM backlog in the fall of last year, the Department of Labor found itself with time on its hands.

Apparently adopting the view that the idle mind of a bureacrat is the devil's workshop, the agency has decided to focus the attention of its PERM staff on audits and other enforcement mechanisms. As DOL Solicitor, Gregory F. Jacobs, explained to the NLJ reporter: "We are vigorously enforcing and making sure we are adhering to our statutory mandate." Mr. Jacobs' wording is a bit of a contortion of the phrase "statutory mandate" given that nowhere in the INA is there any authorization for the Rube Goldberg recruitment test required by the PERM regulation. See the definitive article by Gary Endelman that refutes

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

October 2026 Visa Bulletin Advances EB-5 Filing Date For Mainland China By 4 Years

The U.S. Department of State has released the October 2026 Visa Bulletin, marking the start of fiscal year 2027 with significant changes to employment-based immigrant visa categories. How will the advancement of priority dates, particularly the substantial four-year leap for mainland China-born EB-5 investors in the Dates for Filing chart, impact eligible applicants seeking adjustment of status benefits?
GlobalImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Continues Work Authorization For Ukrainian, Sudanese TPS Beneficiaries; I-9 Guidance Remains Unclear

The Department of Homeland Security has not issued formal determinations for Temporary Protected Status designations for Ukraine and Sudan despite the October 19, 2026 expiration date, creating uncertainty for employers navigating Form I-9 compliance and employment authorization documentation. USCIS states that affected individuals retain TPS protections and work authorization, but has not updated operational guidance to explain how employers should document continued employment eligibility or handle
United StatesImmigration
Greenberg Traurig
Greenberg Traurig
Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

DHS Proposes New OPT Fees: What It Means For F-1 Students, Schools, Employers

The Department of Homeland Security has proposed imposing fees of $70,000 for initial Optional Practical Training periods and $30,000 for subsequent periods including STEM extensions, with schools bearing the direct cost burden. The proposal aims to combat fraud and abuse within the OPT program while protecting U.S. workers, but could significantly impact international student hiring strategies and the availability of OPT talent for employers.
United StatesImmigration
Jackson Lewis P.C.
Jackson Lewis P.C.
Article

A New Price Tag On OPT? DHS Proposes Unprecedented Fees For F-1 Practical Training

The Department of Homeland Security has proposed imposing fees of $70,000 for initial OPT recommendations and $30,000 for second-year extensions on educational institutions, potentially reshaping how international students, universities, and employers participate in the Optional Practical Training program. While framed as a fraud prevention measure, the proposal raises critical questions about workforce access, cost allocation...
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Contractors Get A Much-Needed Break: SB 342 Softens The Harsh Consequences Of Contractor License Lapses

Imagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
United StatesReal Estate and Construction
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

DHS Allows Salvadoran TPS Beneficiaries To Work And Remain, For Now

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

More Than A Download: Using USCIS’s E-Verify Records Disposal Deadline As A Compliance Checkup

U.S. Citizenship and Immigration Services is permanently disposing of E-Verify records last updated before December 31, 2016, giving employers until January 8, 2027, to download critical compliance documentation. Companies must act now to preserve historical case data needed for audits, government investigations, and Form I-9 system transitions while ensuring their E-Verify account information remains current and accurate.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP