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COVID-19 Immigration FAQs for Employers of Foreign Nationals

As the COVID-19 pandemic continues and companies adapt to changing economic conditions, many employers are reevaluating their workforce needs. For US employers of foreign nationals, potential workforce adjustments raise questions about legal obligations under immigration law.

These FAQs provide information on workforce strategies such as pay reductions, reduced hours, compensation deferments, leaves of absence, furloughs, layoffs, terminations, sponsorship cancellations, and other steps that employers of foreign nationals may be considering during this time. A caveat: the guidelines in this article are not legal advice. Employers should seek legal guidance to address their specific concerns.

   

Click on any of the topics below to be taken to the relevant FAQs:

 
Reducing Pay
Reducing Hours (Full-Time to Part-Time)
Compensation Deferments
 
Leaves of Absence (LOA)
Furloughs
Change in Worksite
 
Layoffs and Terminations
Cancelling Sponsorship
Onboarding/I-9 completion

 

 

 

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Authors

William L. Coffman

Special Counsel

William L. Coffman focuses on immigration and nationality law at Mintz. He represents clients on immigration matters before the US Citizenship and Immigration Services, the Department of Labor, and US and foreign consulates.

Susan J. Cohen

Member / Founding Chair, Immigration Practice

Susan J. Cohen is Chair of Mintz's Immigration Practice and a nationally recognized Immigration lawyer. She helps corporate clients manage immigration challenges. Susan is an American Immigration Lawyers Association (AILA) member and she's contributed to state and federal immigration regulations.

John F. Quill

Member / Chair, Immigration Practice

John’s practice encompasses all aspects of immigration and nationality law. John draws on over two decades of experience to help companies and their employees obtain nonimmigrant visas, including B, E, H, J, L, O, and TN visas. He also handles applications for PERM labor certification; extraordinary ability, outstanding researcher, and national interest waiver petitions; adjustment of status procedures; consular processing; and naturalization.