Skip to main content

Nixon Peabody LLP

  • People
  • Capabilities
  • Insights
  • About
Trending Topics
    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    Practices

    View All

    • Affordable Housing
    • Community Development Finance
    • Corporate & Finance
    • Cybersecurity & Privacy
    • Entertainment & Media
    • Environmental
    • Franchising & Distribution
    • Government Investigations & White Collar Defense
    • Healthcare
    • Intellectual Property
    • International Services
    • Labor, Employment, and Benefits
    • Litigation
    • Private Wealth & Advisory
    • Project Finance
    • Public Finance
    • Real Estate
    • Regulatory & Government Relations
    Industries

    View All

    • Aviation
    • Cannabis
    • Consumer
    • Energy
    • Financial Services
    • Healthcare
    • Higher Education
    • Infrastructure
    • Manufacturing
    • Nonprofit Organizations
    • Real Estate
    • Sports & Stadiums
    • Technology
    Value-Added Services

    View All

    • Alternative Fee Arrangements

      Developing innovative pricing structures and alternative fee agreement models that deliver additional value for our clients.

    • Continuing Education

      Advancing professional knowledge and offering credits for attorneys, staff and other professionals.

    • Crisis Advisory

      Helping clients respond correctly when a crisis occurs.

    • DEI Strategic Services

      Providing our clients with legal, strategic, and practical advice to make transformational changes in their organizations.

    • eDiscovery

      Leveraging law and technology to deliver sound solutions.

    • Environmental, Social, and Governance (ESG)

      We help clients create positive return on investments in people, products, and the planet.

    • Global Services

      Delivering seamless service through partnerships across the globe.

    • Innovation

      Leveraging leading-edge technology to guide change and create seamless, collaborative experiences for clients and attorneys.

    • IPED

      Industry-leading conferences focused on affordable housing, tax credits, and more.

    • Legal Project Management

      Providing actionable information to support strategic decision-making.

    • Legally Green

      Teaming with clients to advance sustainable projects, mitigate the effects of climate change, and protect our planet.

    • Nixon Peabody Trust Company

      Offering a range of investment management and fiduciary services.

    • NP Capital Connector

      Bringing together companies and investors for tomorrow’s new deals.

    • NP Second Opinion

      Offering fresh insights on cases that are delayed, over budget, or off-target from the desired resolution.

    • NP Trial

      Courtroom-ready lawyers who can resolve disputes early on clients’ terms or prevail at trial before a judge or jury.

    • Social Impact

      Creating positive impact in our communities through increasing equity, access, and opportunity.

    • Women in Dealmaking

      We provide strategic counsel on complex corporate transactions and unite dynamic women in the dealmaking arena.

    1. Home
    2. Insights
    3. Alerts
    4. COVID-19 creates unique immigration and worksite compliance issues for employers and foreign nationals

      Alerts

    Alert / Immigration

    COVID-19 creates unique immigration and worksite compliance issues for employers and foreign nationals

    March 19, 2020

    LinkedInX (Twitter)EmailCopy URL

    By Rachel Winkler, John Sandweg and Courtney New

    This alert discusses immigration and worksite compliance issues faced by employers and foreign nationals during the COVID-19 outbreak.

    DOWNLOAD

    COVID-19 creates unique immigration and worksite compliance issues (PDF)

    The international response to COVID-19 is causing significant hardship for employers and foreign national workers and will prevent many employers, petitioners, and visa applicants to experience longer-than normal processing times for U.S. Citizenship and Immigration Services (USCIS)- related petitions and applications. Overseas visa applicants now face significant challenges due to international travel bans and the closure of many U.S. embassies to visa interviews. At the same time, the implementation of remote work policies creates compliance issues for employers of a foreign national workforce. Recent developments include:

    • USCIS issued notice that they are suspending in-person services across the country, including at field offices, asylum offices, and application support centers effective today, March 18, 2020, through at least April 1, 2020, but may be subject to extension. This means adjustment of status (green card) and naturalization interviews, for example, will need to be rescheduled, and biometrics (or fingerprinting) appointments will be severely delayed. The suspension of biometrics will, in turn, cause delays in the adjudication of Employment Authorization Document (EAD) applications and similar immigration benefits, which have already been experiencing severe delays in processing.
    • All previously scheduled USCIS appointments for fingerprints, interviews, as well as naturalization ceremonies that are impacted by this closure, will be automatically rescheduled when USCIS operations resume. Applicants and petitioners will receive a new notice indicating appointment time, date, and location.
    • The Department of Labor (DOL) will continue to process Labor Condition Applications (required for H-1B visa sponsorship), as well as PERM Labor Certifications (required for green card sponsorship), but as noted below, employers will no doubt face challenges in their continued sponsorship of some foreign national workers.
    • Various U.S. Department of State (DOS) embassies and consulates are suspending non-immigrant and immigrant (green card) visa adjudications in multiple locations in Europe and the United Kingdom, Asia, and Canada. Individuals with immigrant visas who are now prohibited from traveling to the United States will be eligible for extensions should those visas expire while a travel ban is in place. DOS is regularly updating country-specific information about the impact of COVID-19 on consular operations.

    Remote work compliance issues

    While the USCIS service centers remain operational at this time, the implementation of work from home requirements will undoubtedly raise compliance questions for employers of H-1B workers. Specific H-1B Labor Condition Application requirements regarding work location and number of hours worked create complications for employees shifting to remote work arrangements. Further, the filing of an H-1B petition requires that adequate notice be provided to U.S. workers regarding the sponsorship of H-1B workers, raising the question of how to legally provide notice to an empty worksite. A similar notice requirement applies to the PERM Labor Certification, or “labor market” test required for the green card sponsorship of many foreign national workers.

    Employers and/or foreign nationals facing immigration compliance issues as a result of COVID-19 should be sure to consult with immigration counsel regarding their options. While there will certainly be delays and immigration challenges, it is critical that foreign nationals continue to maintain lawful status, and that employers remain vigilant in maintaining the employment authorization of their foreign national workers.

    Practices

    Immigration

    Insights And Happenings

    • Alert

      Proclamation suspending the entry of certain immigrants due to COVID-19 economic impact

      April 23, 2020
    • Alert

      Food & Beverage Crystal Ball: Trends we’re following

      April 17, 2020
    • Alert

      Returning workforce: Ensuring employment eligibility compliance after coronavirus (COVID-19) reductions

      April 10, 2020
    The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

    Subscribe to stay informed of the latest legal news, alerts, and business trends.Subscribe

    • People
    • Capabilities
    • Insights
    • About
    • Locations
    • Events
    • Careers
    • Alumni
    • Cookie Preferences
    • Privacy Policy
    • Terms of Use
    • Accessibility Statement
    • Statement of Client Rights
    • Purchase Order Terms & Conditions
    • Nixon Peabody International LLC
    • PAL
    © 2025 Nixon Peabody. All rights reserved