Loan T. Huynh
Assistant: Maiyia Vang, 612.492.7617
“My passion and commitment to working with employers, families, and foreign nationals on global mobility and complex immigration issues are deeply rooted in my own experience in immigrating to the United States and living the American Dream.”
Loan Huynh is a Shareholder at Fredrikson & Byron and has practiced immigration law for over 20 years. She focuses on employment-based immigration, corporate immigration compliance and global mobility solutions for employers, ranging from Fortune 500 companies to mid-size companies, entrepreneurs/investors, and family-owned farms by developing practical immigration policy and strategies to meet their global mobility and immigration goals.
Loan also leads Fredrikson & Bryon’s Immigration Team’s I-9 audit and corporate immigration compliance practice. This includes drafting corporate immigration policies; counseling on I-9 / E-Verify policy and procedures; defending employers in civil and criminal worksite enforcement actions; and conducting immigration due diligence in mergers, acquisitions, and other corporate transactions. Loan has extensive experience in advising clients in the agricultural, food processing, life sciences, biotechnology, energy, healthcare (healthcare systems, hospitals and individual physicians), software and other high-tech sectors, financial services, and manufacturing industries. She partners with her clients in finding creative work visa solutions to meet their labor force needs including the use of the H-1B for specialty occupations, L-1 intra-company visas for multinational employees, E-1/E-2 investor / trader visas, B1/H-3/J-1 trainee visas, and temporary H-2A agricultural and H-2B temporary nonagricultural visas.
Loan is also a frequent speaker at national conferences and has written extensively on immigration issues. She is a member of the Board of Advocates for Human Rights, the Board of Trustee of the American Immigration Council and a member of the national American Immigration Lawyer’s Association’s DOL Liaison Committee. She is also the Chair of Fredrikson & Byron’s Diversity & Inclusion Committee.
Learn More About Immigration
How do you help your clients understand H-1B requirements?
How does an experienced immigration attorney help companies navigate I-9 audits and compliance issues?
How can a company take preventative measures to prepare for potential audits?
What issues should my company be aware of when navigating H-2B temporary non-agriculture visas in meeting our seasonal labor needs?
Why did you choose immigration law as your area of expertise?
What alternative visa options are available for employers?
- Drafts corporate immigration policy and compliance programs, including setting up immigration service models and processes for a Fortune 500 company.
- Represents companies of varying sizes in I-9 audits before the Department of Homeland Security’s Homeland Security Investigation on I-9 audits and compliance, employer sanctions, E-Verify and in ICE/DOL investigations.
- Assists Fortune 500 company and small businesses on how to navigate the H-2B temporary non-agriculture visa program to meet their seasonal and/or peak load labor needs.
- Advises and represents healthcare systems, hospitals and individual physicians on waivers (Conrad, Hardship and Interested Government Agencies), nonimmigrant visas and lawful permanent options for physicians and other health care workers.
- Advises and strategizes with multi-national companies on global immigration options for international workforce.
Articles & Presentations
September 18, 2017
On July 17, 2017, USCIS issued a revised version of the I-9, Employment Eligibility Verification Form.Read More
February 8, 2017
Last week, we sent a travel alert on the January 27, 2017 executive order, generally referred to as the “Travel Ban,” that limited the ability of citizens and nationals from seven countries - Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen - to enter the U.S. under either nonimmigrant or immigrant visas for at least 90 days, or even to receive visas from U.S. consulates abroad; suspended for at least a 120-day period of time the entire refugee program; disqualified Syrians entirely from refugee eligibility; and pledged to reassess the entire security clearance process for foreign nationals coming to the U.S.Read More
January 30, 2017
President Trump signed an executive order on Friday, January 27, 2017, which has caused great concern worldwide on new travel restrictions to the U.S. The order entitled “Protecting the Nation from Terrorist Entry into the U.S. by Foreign Nationals,” has stirred public protests, federal litigation and a confusion over who this order impacts.Read More
January 19, 2017
On November 14, 2016, USCIS issued a revised version of the I-9, Employment Eligibility Verification Form. USCIS provided a transition period which ends on January 22, 2017. As of January 22, all employers must begin using the revised Form I-9, with a revision date of “11/14/2016 N.” Additional changes were designed to streamline certification for certain foreign nationals and to make completion of the form more computer friendly.Read More
January 5, 2017
USCIS will start accepting H-1B petitions for fiscal year 2018 (October 1, 2017-September 30, 2018) on April 1, 2017. Only 65,000 H-1B’s are issued each fiscal year, with an additional 20,000 H-1B’s for graduates of U.S. master’s degree programs.) As in recent years, we expect the H-1B cap to be reached within a week. Last April, USCIS received approximately 236,000 H-1B petitions in the first week. There will likely be a lottery for those applications received within seven days of April 1, 2017, once USCIS receives more than 65,000 applications. The lottery is a random selection process of the H-1B applications received to determine which applications will be assigned an H-1B cap number and adjudicated.Read More
January 20, 2015
USCIS will start accepting H-1B petitions for fiscal year 2016 (October 1, 2015-September 30, 2016) on April 1, 2015. Only 65,000 H-1Bs are issued each fiscal year, with an additional 20,000 H-1Bs for graduates of U.S. master’s degree programs.) As in recent years, we expect the H-1B cap to be reached within a week. Last April, USCIS received approximately 172, 500 H-1B petitions in the first week. There will likely be a lottery for those applications received within seven days of April 1, 2015, once USCIS receives more than 65,000 applications. The lottery is a random selection process of the H-1B applications received to determine which applications will be assigned an H-1B cap number and adjudicated.Read More
April 8, 2014
On April 7, 2014, USCIS announced the H-1B cap for fiscal year 2015 (October 1, 2014-September 30, 2015) had been reached as it received more applications than the number of available H-1B visas.Read More
Living Under the H-1B Cap – Alternative Visa Options and Strategies for Employing Foreign Nationals in the U.S.
March 1, 2012
The H-1B visa is commonly known as the “workhorse” of U.S. work visas as U.S. companies rely on it more than any other visa to employ foreign workers in the U.S.Read More
PUBLICATIONS & PRESENTATIONS
- “The H-2B Work Visa: Tips for H-2B Filings in 2018 and Program Updates,” MNLA biz, September 2017
- Quoted in "Trepidation in the Heartland," Twin Cities Business, August 2017
- Quoted in "H-2B Visas And The Making Of An 'Ultra Vires' Regulation," Law360, July 25, 2017
- Quoted in "DHS Grants Additional 15,000 H-2B Visas," Society for Human Resource Management, July, 19, 2017
- Co-Presenter, “Employment Immigration Update,” Fredrikson & Byron Webinar, March 13, 2017
- Co-Presenter, “Turning Immigration into a Powerful Physician Recruitment Tool,” Fredrikson & Byron Health Law Webinar, February 8, 2017
- Co-Presenter, “The New Form I-9: Tips for Completion, Compliance and Audits,” Fredrikson & Byron Webinar, January 24, 2017
- “Worksite Enforcement, Compliance and Employer Rights,” Fredrikson & Byron’s Immigration Podcast, January 2017
- Co-Presenter, “Work Visa Options and Immigration Trends,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- Speaker, “Working With Foreign Nationals: Employment Sponsorship, Immigration Compliance and Community Integration,” Fredrikson & Byron Immigration Seminar, Minneapolis, MN, September 22, 2016
- “Employment-Based Visas: An Overview,” co-author with Ashley J. Roth, Immigration Practice Deskbook, 2015, 1st Edition, edited by Nelson L Peralta
- “Employment-Based Options for Beginners,” Speaker, 2015 AILA National Conference, Washington, D.C.
- Co-Presenter, “Hiring and Work Visa Strategies for Foreign Nationals,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, October 15-16, 2015
- Presenter, “Navigating the Immigration Landscape: A Guide for Employers,” Fredrikson & Byron Immigration Seminar, May 5, 2015
- Co-Presenter, “I-9 Employment Eligibility Verification and Compliance,” Fredrikson & Byron’s Annual Employment Law Seminar, Fargo and Bismarck, ND, October 16-17, 2014
- “Between a Rock and a Hard Place,” Minnesota’s Journal of Human Resource Management’s Employee Benefits Planner, Third Quarter 2014
- Quoted in “Fines for I-9 Errors on the Rise,” by Scott Wooldridge, benefitspro, June 10, 2014
- Speaker, “EB Immigration: Can You Get There From Here,” AILA Upper Midwest Regional Conference, St. Paul MN, May 9, 2014
- Speaker/Panel member, “Options for Investors and Entrepreneurs,” AILA Chicago Chapter Midwest Regional Conference, Chicago IL, March 14, 2014
- Speaker, “H1Bs,” AILA Minnesota/Dakotas Chapter, Minneapolis MN, February 20, 2014
- Speaker, “Preparing for the ICE Storms and Worker Shortages in 2014: Immigration Worksite (I-9) Investigations and Immigration Compliance,”North Dakota Agriculture Trade Show, Minot ND, January 29-30, 2014
- “Don’t Wait for ICE to Knock on the Door: A Practical Guide to Preparing Employers for I-9 Compliance/Audits and Worksite Investigations (With Supplements: Sample Proposed I-9 Policy and Procedures, Form I-9 Verification Procedures-Guidelines For Employers, and Checklist For I-9 Audit And Correction Guidelines)” by Loan T. Huynh and Laura J. Danielson, article written for chapter in The Immigration Compliance Book 2009-2010 Edition, Editors: Angelo A. Paparelli, L. Batya Schwartz Ehrens, and Dan Siciliano. Copyrighted by ILW.COM
Honors & Education
- University of Houston Law Center, J.D., 1995
- University of Houston, B.A., Political Science & History, 1992, summa cum laude
- Minnesota, 2002
- Texas, 1995
- U.S. District Court for the District of Minnesota, 2007
- The International Who’s Who of Corporate Immigration Lawyers, 2010, 2012-2013
- American Bar Foundation – Fellow, 2013
- Minnesota State Bar Association, North Star Lawyer, 2012
- The Business Journal, “Top 40 Under 40,” 2002
- American Bar Association
- Minnesota State Bar Association
- Texas State Bar Association
- Hennepin County Bar Association
- American Immigration Lawyer’s Association (AILA), MN/Dakotas Chapter Chair, 2005-2006; Member, 1999-present
- American Immigration Council, Board of Trustees
- AILA: Global Migration Section, Member
- AILA: DOL Liaison Committee, H-2 Vice Chair, 2016-2017
- AILA: DOL Liaison Committee, 2015-2016
- AILA: National - USCIS Policy Liaison Committee, 2006
- AILA: National - Essential Workers Committee, 2006
- AILA: National - Nebraska Service Center Liaison Committee, 2007 and 2009
- AILA: National - Benefits Committee, 2010-2011
- AILA: Office of Field Operations Liaison Committee, 2010-2011
- The Advocates for Human Rights, Refugee & Immigrant Program, Board of Directors, Steering Committee, 1999-present
- National Asian Pacific American Bar Association (NAPABA), 2008-present
- MN Asian and Asian-Pacific Bar Association (MNAPABA), Co-Chair of Women’s Committee
- Twin Cities Diversity in Practice Professional Development Committee 2010-present
- American Immigration Council/Board of Trustees
- Society for Human Resource Management, 2010-present
- International Women’s Forum, Member
- Twin Cities’ Diversity in Practice, Professional Development Committee, 2009-2012
- Advocates for Human Rights, Board Member
- American Immigration Council, Board of Trustees