The U.S. government has announced efforts to increase scrutiny of employment-based immigration filings to address shortages of employment opportunities in certain sectors. Whenever a company that sponsors foreign workers experiences a layoff, it is critical to inform your immigration team to ensure that the layoff will not affect pending applications. For example, the employer’s layoff history for the previous year or planned future layoffs is considered in the adjudication of H-1B petitions, an analysis that is being assisted by increased data sharing between government agencies. Additionally, there is a question on the PERM Application that expressly asks about company layoffs. The current administration has recently suspended the ability of several large IT companies to file PERM applications because these companies filed PERM applications despite the occurrence of layoffs. Layoffs do not mean that a company cannot sponsor foreign workers, but to avoid issues with case approval or potential investigations, it is important to work with your immigration team closely to ensure that the timing of future petitions complies with current immigration law, policy, and guidance.
Bernstein Shur’s Immigration Law practice group helps employers navigate an increasingly complex immigration landscape through proactive, compliant strategies that support recruitment, retention, and long-term workforce planning. The group advises businesses across industries—particularly in health care and highly regulated sectors—on matters ranging from temporary work visas and employment-based green cards to I-9 compliance and audit preparedness.
Michael Murray is a shareholder and Chair of the Immigration Law group who advises employers on health care and business immigration strategy, including visa planning, compliance frameworks, and workforce planning to support recruitment, retention, and long-term stability. He can be reached at [email protected].
Olivia Shaw is an associate in the Immigration Law group who advises employers on obtaining temporary work authorization and permanent residence for their employees, with particular experience in health care immigration and business immigration strategies. She can be reached at [email protected].