International travel on H-1B always carries some level of risk — it can never be fully eliminated. Employers should require premium processing for H-1B extensions and shift to a modern recruitment approach for PERM by posting job ads on the company website, even though official regulations have not yet changed.
H-1B Holder Travel: Risk Assessment
International travel requires case-by-case evaluation. Every situation is unique, and risks depend on many factors. Rather than trying to eliminate danger entirely, companies should ensure employees have easy access to attorney consultations before traveling.
This can be efficiently organized through regular office hours or automated booking of fifteen-minute consultations before each trip. For programs involving frequent travel, this is especially critical.
Premium Processing for H-1B Extensions: A Necessity, Not an Option
Standard processing of H-1B extensions is extremely slow. In practice, no extension has been approved within a reasonable timeframe under regular processing. Employers traditionally file such petitions six months before the status expires, yet even within that window approvals are not happening.
Many companies previously dropped premium processing as a cost-saving measure. This decision now needs to be reconsidered, especially for employees who travel domestically or internationally, use a driver’s license, or commute to work.
Companies should either automatically approve premium processing for all extensions or clearly communicate the company policy so employees can pay for expedited processing themselves.
Requirements for Modern PERM Recruitment
Employers should verify these elements before filing
- Job posting on the corporate websiteMandatoryNow required under court settlements
- Coordination with HR departmentRequiredThe posting must match usual hiring practices
- Consultation with an attorney before filingNecessaryEach case evaluated individually
PERM and Suspensions: What Has Changed
Following the early-October press conference regarding PERM suspensions, many employers are asking whether they can still file applications. The announcement concerned suspensions of specific companies only. If your company was not named, you still retain the right to file PERM applications.
However, the recruitment approach needs updating. Although official regulations have not changed, settlements of court cases are effectively rewriting PERM requirements: employers are now required to post job ads on the company website. This should be done immediately if you have not already done so.
Modern PERM Recruitment: The Company Website as a Foundation
Posting job ads on the corporate website is now a mandatory element of the PERM process. Although the regulatory agency has not updated the rules, court settlements establish this requirement. The posting must be aligned with the company’s usual recruitment practices, and HR should be involved to organize it properly.
PERM After Layoffs: A Strategic Calculation
Filing PERM after a layoff is technically possible but requires caution. While it may be compliant with the rules, filing during or shortly after layoffs and subsequent recruitment often triggers internal dissatisfaction and complaints.
It is strategically wise to delay filing PERM for six months or longer to avoid internal complaints, even if the procedure is formally permitted. Each case requires individual evaluation by an attorney, as there is no one-size-fits-all answer.
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