What are the immigration related consequences of layoffs on alien employees in non-immigrant status?
For employers that employ foreign nationals, the company’s alien workforce consists of two separate groups of employees: nonimmigrant workers and immigrant workers. Nonimmigrant workers usually fall under the H-1B, L, E and TN temporary visa categories. The most common nonimmigrant employment visa, H-1B, is used for an “alien who is coming to perform services in a specialty occupation” in the United States. L visas are used for intra-company transferees that enter the US to render services “in a capacity that is managerial, executive, or involves specialized knowledge”, while E visas are used for “treaty traders and investors” as well as Australian specialty occupation workers. Finally, the TN category includes “Canadian and Mexican citizens seeking temporary entry to engage in business activities at a professional level” as listed in the North American Free Trade Agreement. As compared to nonimmigrant workers, immigrant workers are those who have obtained or are in the process of obta