Business Immigration Insights

Employers nationwide are implementing work reductions, closures and furloughs in order to reduce costs during the COVID-19 economic slowdown in the United States.  When employees are put on reduced hours or furloughed, employers face changing legal obligations in multiple areas of labor and employment law.  Companies that employ nonimmigrant workers should not overlook the additional legal obligations they have toward these employees, especially those who are on visas that have prevailing wage requirements.

As Forbes has reported, US Immigration & Customs Enforcement has begun visiting the work sites of foreign students with employment authorization based on STEM degrees and employment with E-Verify employers (commonly known as “STEM OPT”).  While authority to conduct such site visits was part of regulations issued more than 3 years ago, during the Obama administration, this is the first time ICE has exercised its authority.

Although STEM OPT work permits do not require employer sponsorship, employers must develop a 2‑year training program that is kept on file with the ...