Document Type

Article

Publication Date

2023

Graduation Year

2022

Abstract

The worksite location requirements for the PERM process for immigrant visas and LCAs for specialty occupation nonimmigrant visas have lost their relevance during the revolution of the white-collar remote workspace within the United States under current DOL guidelines. Although on its face foreign nationals working outside the office appears to be a novel legal issue, remote work within the United States has been an insurmountable hurdle in the immigration space since telework gained popularity in the late twentieth century. It is possible to apply for both kinds of visas for telework, but adherence to the Farmer Memo appears to be unsustainable. It would be in the interest of employers—especially influential Silicon Valley tech companies who are some of the largest employers of foreign nationals—to modify the current guidelines to save costs on audits and appeals, and to retain their employees’ valid immigration status.

Publisher

Cardozo Law Review de·novo

Volume

2023

First Page

24

Comments

Student Note

Author Announcement.jpeg (138 kB)
Refkin graduated Cardozo School of Law in 2022 and is now an associate at Fragomen.

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