April 13, 2018 / Media Mention

Freeman quoted in Law 360 article about employers dealing with an increase in visa roadblocks


Immigration attorney Ellen Freeman was interviewed for and quoted in the Law360 article, "'Buy America, Hire America' roadblocks trouble employers" published on April 13, 2018. (Free subscription required to view link.)

From Law360, Pamela Wilkinson and Breda Lund reporting:

"Ellen Freeman, a partner in charge at Porter Wright Morris & Arthur LLP, told Law360 that the consular officers have directed the questioning to the foreign nationals themselves, rather than the businesses that are seeking to bring them to the U.S.

'If they are currently living abroad, they may not necessarily be that familiar with the new employer’s operations,' she said. 'And yet, they’re being asked why an American is not being hired.'

The same line of questioning also comes into play when extending E visas, Freeman said. Foreign nationals are generally eligible for five-year visas and, if they attempt to extend the visa after five years have passed, consular officers assume that a business has grown enough in the intervening time that it should hire a U.S. worker for that role.

Freeman said that attorneys have pursued varying strategies for proving that no U.S. workers are available for a particular role, with some producing information from recruiters, on the market, or on unemployment up front."