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5 Trends to Watch in 2022 Immigration Issues

  1. Several key immigration issues may lack resolution due to uncertainty regarding passage of the Build Back Better Bill (BBB) combined with mid-term elections.  Significant immigration provisions in the BBB include humanitarian parole for undocumented workers in the United States, as well as for those with temporary protected status and DACA/Dreamers. There are also legal immigration provisions that re-capture hundreds of thousands of unused immigrant visas or green cards.

  2. Stressed Compliance with the U.S. Department of Labor’s (DOL) Permanent Labor Certification Program (PERM). – Companies will be carefully watched by the DOL and the U.S. Department of Justice to be certain they are conducting expansive advertising and recruitment for all their job opportunities related to PERM positions. They also must accept electronic resumes/applications from all U.S. workers who apply and take steps to ensure that their recruitment for PERM positions closely matches their standard recruitment practices.

  3. Ongoing federal government agencies’ attempts to rollback Trump administration immigration policies, clear out case backlog, and hire additional staff at Homeland Security and the Department of State.

  4. Continued efforts to battle COVID-19 transmission through immigration and travel restrictions worldwide.

  5. Increasing need for businesses to review their global travel policies. – Impacted by frequently changing COVID-19 travel restrictions, technology that tracks individuals’ locations, and laws governing taxation based on where remote workers are living, businesses need to be proactive in making certain that their policies are specific regarding working abroad.

About the Authors

Greenberg Traurig, LLP’s Immigration & Compliance Practice represents businesses, organizations, and individuals from around the world on a wide range of immigration matters and visa needs. We advise multinational corporations on a variety of employment-related immigration issues, focusing on strategic immigration planning for U.S. and international companies for the international relocation of personnel both from and into the United States.