Yova Borovska, counsel in the firm’s Immigration practice, recently spoke with SHRM for an article, “Visa Processing Delays Expected into Next Year.”
The criteria for a national-interest exception are limited, said Yova Borovska, an attorney with Buchanan Ingersoll & Rooney in Tampa, Fla. Currently, work visas are typically only able to qualify for a national-interest exception if the applicants can show that they will provide vital support or executive direction for critical infrastructure or significant economic activity in the United States, she said.
"These are not issues that affect workers who are already in the U.S. in lawful visa status," Borovska added.
"The foreign country where the employee is located might have rules relating to foreign companies that employ workers there—for example, tax, corporate, or labor and employment rules," Borovska said. "It is important for companies that plan to employ remote workers in another country to understand their potential obligations in that respect."
For example, if an employer needs to fire a worker in a foreign country, specific labor laws may subject the U.S. employer to certain obligations, she explained. Employers in this situation should consult with a specialist in the foreign country, Borovska said.