Given the current pandemic, companies are tackling an array of business-critical decisions ranging from workplace safety measures to remote working parameters to pay cuts, furloughs and reductions in force. In this mass of competing priorities, employers of foreign national employees should be careful not to overlook any unique impact that their decision making can have on their nonimmigrant employee population and corresponding compliance requirements that may be triggered. The analysis and impact will be highly contingent upon what type of work authorization and nonimmigrant status the employees are working pursuant to (for example: H-1B, O-1, L-1, TN or F-1 OPT EAD holder), and what the corresponding parameters of their status are.
Future Hiring Needs: Similarly, employers should carefully consider and plan for any imminent nonimmigrant hiring needs, endeavoring to expedite the petitioning process to any extent possible in order to mitigate the risk of unanticipated delays. Indeed, a proclamation barring the entry of certain individuals seeking to enter the U.S. as immigrants becomes effective today. While relatively narrow in scope, employers cannot discount the potential for additional restrictive measures to be introduced in the coming months.