The transcript version of The Business Immigration Benchmark podcast for HR and Global Mobility professionals. Join our Immigration News Digest Newsletter for more immigration updates.
By Laura Bloniarz.
🎧 Available on YouTube & Spotify
In this episode of The Business Immigration Benchmark, WR Immigration attorney Laura Bloniarz addresses the pressing questions facing business immigration leaders amid shifting enforcement priorities and heightened scrutiny. She explains how employers can assess international travel risks, why premium processing for H-1B extensions is becoming increasingly important, and what recent PERM-related announcements and DOJ settlements mean for recruitment practices.
Laura also discusses PERM filings following layoffs, highlighting the legal considerations and potential employee relations challenges employers should carefully weigh before moving forward.
Key Takeaways:
1. International Travel Requires Individualized Risk Assessments
One of the most common questions I’m receiving from clients is whether employees can safely travel internationally. There isn’t one universal answer. Employers should work with immigration counsel to evaluate each employee’s circumstances, ability to travel, and potential risks. The reality is that some level of risk will remain. Employees may want international travel to be completely risk-free, but that’s not something employers can guarantee. Instead, the focus should be on helping employees understand their individual risks and make informed decisions before traveling.
2. Make It Easy for Employees to Connect With Counsel
If international travel is a regular part of your workforce’s responsibilities, employees need an easy way to consult with immigration counsel before departure.
Consider establishing dedicated office hours or an automatic scheduling process for brief, 15-minute consultations.
Having a clear process in place allows employees to get the guidance they need before making travel plans, rather than waiting until the last minute to evaluate potential risks.
3. Premium Processing for H-1B Extensions Should Be a Priority
My answer to whether employers should use premium processing for H-1B extensions is yes.
I’m not seeing H-1B extensions adjudicated through regular processing within a reasonable timeframe, even when applications are filed timely, generally six months before the employee’s status expires. Delays can affect more than employment authorization. Employees may also need updated documentation for domestic or international travel, driver’s licenses, and other everyday needs. Employers that previously removed premium processing from their standard immigration program to reduce costs should reconsider that decision.
4. Employers Should Revisit Their Premium Processing Policies
Rather than evaluating premium processing on a case-by-case basis, employers should consider establishing automatic authorization for H-1B extension upgrades.
If the company only approves regular processing, that policy should be clearly communicated so employees can decide whether to pay the additional fee themselves. Making these decisions upfront can help avoid unnecessary delays, reduce administrative work, and give employees greater certainty when planning travel and managing their immigration status.
5. The Recent PERM Suspension Announcement Does Not Apply to Every Employer
Following the vice president’s October 8 press conference announcing PERM suspensions, many employers have asked whether they can still file PERM applications.
The clearest answer is that the suspensions apply to specific employers. If your employer was not named in the announcement, you remain eligible to file PERM applications. However, recent Department of Justice settlements are creating additional considerations for recruitment practices, so employers should review their processes with immigration counsel before moving forward.
6. PERM Recruitment Practices Need to Be Modernized
Although the PERM regulations have not formally changed, recent DOJ settlements are changing the practical expectations surrounding recruitment.
Employers should work with immigration counsel to ensure PERM opportunities are advertised on their company careers websites and that recruitment practices align with how they normally recruit for positions. This may require collaboration between immigration counsel, HR, and internal recruiting teams to establish appropriate website postings and procedures. The takeaway is to review and modernize recruitment practices now rather than wait until a PERM filing is underway.
7. Filing PERM After Layoffs Requires a Broader Risk Assessment
Employers, particularly publicly traded companies conducting year-end layoffs, often ask whether they can file PERM applications following workforce reductions.
The answer depends on the specific circumstances, and employers should work with immigration counsel to evaluate the applicable legal requirements and exceptions. However, legal eligibility is only part of the analysis. Even when filing is permissible, proceeding with PERM recruitment immediately after layoffs may create employee frustration, generate internal complaints, and raise public relations concerns. In some cases, waiting six months or longer may be a strategic consideration, depending on the company’s circumstances and risk tolerance.
8. Legal Compliance Isn’t the Only Consideration
Across international travel, H-1B extensions, and PERM recruitment, employers need to consider both legal requirements and the practical impact of their decisions. That means evaluating employee needs, reviewing internal policies, modernizing recruitment practices, and anticipating potential employee relations challenges. Working closely with immigration counsel can help employers make informed decisions while balancing compliance, operational needs, and workforce considerations.
Laura’s Parting Thoughts
Business immigration leaders need to be proactive as enforcement priorities and processing timelines continue to evolve. Make sure employees can easily consult with counsel before international travel, revisit premium processing policies for H-1B extensions, and review PERM recruitment practices in light of recent DOJ settlements. If your organization has experienced layoffs, evaluate both the legal considerations and potential employee relations challenges before moving forward with PERM. If you haven’t already, join the WR Benchmarking Collective on LinkedIn to participate in our upcoming PERM survey, access benchmarking insights, and connect with other HR and global mobility professionals navigating these same challenges. If you have questions or insights to share, feel free to reach out to me on LinkedIn.
About the Author
Laura Bloniarz is a Senior Managing Attorney at WR Immigration who advises employers on business immigration and the development, maintenance, and defense of immigration compliance programs. She represents clients across a range of industries, from Fortune 100 companies to domestic startups, and regularly advises General Counsel and HR professionals on evolving immigration regulations, adjudication trends, I-9 compliance, and DHS investigations. Her practice includes nonimmigrant visas, labor certification, permanent residence, and citizenship matters.
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