Navigating the Complexities of H-1B Visas: Impact on business landscape, and alternative visa options and strategies to the H-1B cap

Courtney B. Noce
Cole F. Heyer
Bill Lundin
Anthony Arena
Courtney B. Noce | Greenberg Traurig, LLP
Cole F. Heyer | Greenberg Traurig, LLP
Bill Lundin | Fragomen, Del Rey, Bernsen & Loewy, LLP
Anthony Arena | Fragomen, Del Rey, Bernsen & Loewy, LLP
On-Demand: June 24, 2024
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Program Summary

Session I – Navigating the Complexities of H-1B Visas: Impact on business landscape - Courtney Noce and Cole Heyer

Join us for a session that delves into the intricate world of H-1B visas and their profound impact on the business landscape. This comprehensive 1-hour session is specifically designed for legal professionals, business leaders, and HR managers who seek to gain an in depth understanding of H-1B visas' complexities and the potential implications for their business operations.

In this session, Courtney Noce, Co-Chair of Greenberg Traurig’s Immigration & Compliance Practice and Cole Heyer, Of Counsel, Immigration & Compliance, will guide you through the key components of H-1B visas, including eligibility criteria, application process, annual cap, and the lottery system. They will also shed light on the pertinent legal and regulatory aspects, including the potential implications of changes in administration. The discussion will highlight the common challenges faced by businesses in navigating the H-1B visa landscape and share practical strategies to overcome them.

Key topics to be discussed:

  • Understanding H-1B visa basics and requirements
  • Legal and regulatory aspects of H-1B visas
  • Business impact and challenges of H-1B visas

Session II - Overcoming Lottery Limbo: Alternative visa options and strategies to the H-1B cap for highly skilled foreign nationals - Anthony Arena and Bill Lundin

Despite notable economic headwinds, demand for USCIS’ annual H-1B lottery process on behalf of highly skilled foreign talent far exceeds supply. This session will draw on employment-based strategies to support highly skilled foreign nationals who have not yet received an H-1B visa. Attorneys Anthony Arena and Bill Lundin will discuss multiple options for the practitioner and foreign nationals to consider, including employer sponsored visa options, the H-1B cap-exempt option, as well as both non-immigrant and permanent residency-based strategies that can help support retention of highly talented foreign nationals in the United States.

Key topics to be discussed:

  • Employer-sponsored visa options
  • H-1B cap-exempt option
  • Non-immigrant and permanent residency-based strategies

Closed-captioning available

Speakers

Courtney B. Noce_myLawCLECourtney B. Noce | Greenberg Traurig, LLP

Courtney B. Noce Co-Chairs the Immigration & Compliance Practice. She focuses her practice on U.S. business immigration, compliance and enforcement actions, as well as global immigration. She represents both large multinational companies and small start ups on the full range of employment-based immigration, ranging from permanent residence (PERM, National Interest Waivers, Extraordinary Ability/Outstanding Researcher, Multi-National Managers, among others) to nonimmigrant visa categories (H-1B, H-3, J-1, L-1A/B, O-1, TN). Courtney has a particular understanding of working with the retail industry and the ever-evolving challenges this industry faces.

Courtney works closely with companies on complex challenges associated with I-9 employment verification, enforcement actions, as well as H-1B and LCA compliance. She provides proactive strategies in the form of onsite training, internal audits, and reviews, as well as deploying best practices to minimize exposure and liabilities in the event of government investigations.

Courtney also assists multinational clients in the area of global mobility and immigration. She has experience helping companies move key personnel into all parts of the world.

Prior to practicing law Courtney worked with the Georgia Department of Economic Development as a Business Development and Project Manager. In this role, she helped Life Sciences and Technology companies move to and expand in the State of Georgia. She worked frequently with international and domestic companies addressing global mobility needs and is acutely aware of the important role immigration plays for global companies.

Courtney has studied, lived, and worked in Canada, France, and Italy. She is fluent in Italian, proficient in French and has basic Spanish skills.

 

Cole F. Heyer_myLawCLECole F. Heyer | Greenberg Traurig, LLP

Cole F. Heyer has been working in the immigration field for over a decade and has wide ranging experience in both family-based and employment-based immigration matters. Prior to joining GT in 2015, Cole worked at a high-volume family-based immigration practice where he represented clients before the Atlanta Immigration Court and the U.S. Citizenship and Immigration Services (USCIS).

At GT, Cole focuses his practice on representing domestic and multinational employers before the USCIS, the U.S. Department of Labor (DOL), the U.S. Department of State (DOS), and Immigration and Customs Enforcement (ICE) on virtually all issues that employers may face in the employment context with immigration.

Specifically, Cole represents and advises employers, ranging from small, start-up companies to Fortune 50 companies, in all areas of employment-based immigration matters, including nonimmigrant visa categories (B, E-1/2, E-3, F, H-1B, H-3, J, L-1A/B, O, TN, R), permanent residence (PERM, Extraordinary Ability/Outstanding Researchers, Multinational Managers and National Interest Waivers), naturalization, and DACA. He services companies in all industries, including pharmaceuticals, medical device, oil & gas, retail and fashion, IT, financial services, and food & beverage on U.S. employment-based immigration, compliance and enforcement actions, and global immigration. Cole also assists with GT’s federal litigation practice concerning immigration matters.

Finally, Cole advises employers with I-9 compliance by providing onsite training, internal audits and reviews, and deploying best practices to minimize exposure and liabilities in the event of ICE investigations and audits. As part of this practice, Cole has worked directly with ICE on I-9 audits to negotiate on behalf of employers that he represents.

 

Bill Lundin_myLawCLEBill Lundin | Fragomen, Del Rey, Bernsen & Loewy, LLP

Bill is a Senior Associate in Fragomen’s San Francisco office, where he practices federal immigration and nationality law exclusively. He assists clients with a range of immigrant and nonimmigrant matters and focuses his practice on advising large multinational employers on nonimmigrant visa options, particularly H, L, E and TN nonimmigrant visas, PERM labor certification, immigrant visas, adjustment of status and naturalization.

Bill joined Fragomen in 2013, working in the firm’s Shanghai office. He also served as a Manager in Fragomen’s Kochi, India office, where he was responsible for process development, client implementation, training and coordination between Fragomen’s India and U.S. offices.

Bill previously practiced with Fragomen in Boston, Massachusetts and served as the pro bono coordinator for Fragomen’s Boston office. He helped coordinate all aspects of the office’s pro bono program, including helping organize office-wide pro bono clinics for Temporary Protected Status (TPS) beneficiaries, as well as naturalization clinics. He has volunteered with the CARA Pro Bono Project in Dilley, Texas and provided pro bono representation to multiple clients through Kids in Need of Defense (KIND). Bill has also been recognized in the 29th and 30th Editions of The Best Lawyers in America.

 

Anthony Arena_myLawCLEAnthony Arena | Fragomen, Del Rey, Bernsen & Loewy, LLP

Anthony is an Associate at Fragomen’s Boston office, where he assists clients with a wide range of immigrant and nonimmigrant matters. He advises multinational corporate clients on U.S. immigration and nationality law, particularly H, L, E, J, O and TN nonimmigrant visas, PERM labor certification, immigrant visas, adjustment of status and naturalization. Anthony is a frequent speaker on immigration matters for local bar associations and social media platforms. He is on the Boston Bar Association’s Immigration Steering Committee. Anthony has also been recognized in the 29th and 30th Editions of The Best Lawyers in America™

Agenda

Session I – Navigating the Complexities of H-1B Visas: Impact on business landscape | 2:00pm – 3:00pm

  • Understanding H-1B visa basics and requirements
  • Legal and regulatory aspects of H-1B visas
  • Business impact and challenges of H-1B visas

Break | 3:00pm – 3:10pm

Session II – Overcoming Lottery Limbo: Alternative visa options and strategies to the H-1B cap for highly skilled foreign nationals | 3:10pm – 4:10pm

  • Employer-sponsored visa options
  • H-1B cap-exempt option
  • Non-immigrant and permanent residency-based strategies

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