Business Immigration Insights

President Trump signed the eagerly awaited Coronavirus Aid, Relief, and Economic Security (CARES) Act on March 27, 2020.  What does it mean for people who are affected by COVID-19 and living here on work-authorized visas?  They, like their colleagues who are US citizens and permanent residents, have also been furloughed without pay, laid off, and affected by university closures.  But, unlike their colleagues, nonimmigrant workers are also at risk of involuntarily violating or even losing their US immigration status during COVID-19.  To understand why, see our earlier blog, COVID-19: How Do Furloughs Affect Nonimmigrant Workers?  Unfortunately, the Act is silent on the fate of these workers.  While it provides general relief that may also aid nonimmigrants, their eligibility for that relief is not entirely clear.

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.