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Timothy D’Arduini and Lynn O’Brien Featured in Forbes Article Discussing Pay Laws That Complicate Employment-Based Immigration in New York and California

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Immigration attorneys Timothy D’Arduini and Lynn O’Brien, who are both based in Washington, D.C., were featured in a Forbes article about pay laws that complicate employment-based immigration in New York City and California. This comes as new wage laws in California and New York City may pressure employers to take steps when sponsoring employment-based immigrants that go beyond Department of Labor regulations. This includes posting salary ranges and wages on advertisements for permanent employment purposes. Regarding this topic, O’Brien stated:

“If the wage range for a job set by the company is $70,000 to $120,000, but the DOL prevailing wage comes back at $95,000, to comply with the NYC or California law, an employer in an advertisement as part of the green card application (i.e., a PERM ad) will have to show $95,000 as the low end of the range in the advertisement,” said O’Brien in an interview.

Similarly, if someone sponsored for a green card must be paid a prevailing wage of $200,000, but the employer’s typical range for the position only goes up to $175,000, the employer will now have to expand the range for PERM advertising for positions in NYC and California, said O’Brien.

In terms of how this will affect employers, D’Arduini said:

Timothy D’Arduini at Quarles & Brady notes that the PERM labor market test will likely remain an issue for employers as other jurisdictions consider pay transparency laws.


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