USCIS and DOL have released the joint temporary rule implementing the process for employers who have a certified ETA 9142B with an employment start date in the second half of fiscal year (FY) 2022 to apply for the 35,000 additional H-2B visa numbers which will be released on May 18, 2022.
Loan Huynh is a Shareholder at Fredrikson & Byron and chair of its Immigration Group. She has practiced immigration law for over 20 years. Loan 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 is chair of Fredrikson & Bryon’s Immigration Group and also leads its 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, hospitality, 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 Associations DOL Liaison Committee. She is also the Co-Chair of Fredrikson & Byron’s Inclusion & Diversity 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
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.
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.
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.
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “Immigration: A Review of the Biden Administration’s First Year and 2022 Trends,” Fredrikson & Byron Immigration Webinar, January 18, 2022
- Co-Presenter, “Immigration Under the Biden Administration for Healthcare Providers/Systems,” Fredrikson & Byron Health Law Webinar Series, March 10, 2021
- Co-Presenter, “What Do the 2020 Election Results Mean for U.S. Immigration?,” Fredrikson & Byron Immigration Webinar, November 17, 2020
- Co-Author, “Charting a Pathway to Immigrant Status for PGY-2 Residents: A Primer on Immigration from the American College of Physicians,” ACP Website, December 2019
- Co-Presenter, “The H-2B and H-2A Temporary Work Visa Programs: Updates and Trends for the 2020 Filing Season,” Fredrikson & Byron Immigration Webinar, October 23, 2019
- Co-Presenter, “Play Offense: Be Prepared for I-9 Audit/Enforcement Trends and the SSA No Match Letters” Fredrikson & Byron Immigration Webinar, August 27, 2019
- Co-Presenter, “The New Normal for Business Immigration Under ‘Hire American,’” Fredrikson & Byron Immigration Seminar, May 8, 2019
- Quoted in, “Reform Needed for Lasting H-2B Shortage Relief, Attys Say,” Law360, March 5, 2019
- Presenter, “H-2A and H-2B Work Visas: Trends and Immigration Compliance,” Northern Green, January 17, 2019
- Quoted in, “Attys Prepare Employers For Increased H-2B Visa Audits,” Law360, December 19, 2018
- Co-Presenter, “A 360 View – Hiring and Work Visa Strategies for Foreign Nationals,” Human Resources Association of North Iowa (HRANI) Employment Law Conference, November 13, 2018
- Co-Presenter, “Immigration Issues for Employers Under the Buy American and Hire American Executive Order,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- Co-Presenter, “Immigration Issues for Employers Under the Buy American and Hire American (BAHA) Executive Order,” Fredrikson & Byron’s Annual North Dakota Employment Law Seminars, October 18-19, 2018
- Quoted in “More H-2B Visas for Seasonal Work Available This Summer,” Society for Human Resource Management, June 1, 2018
- Presenter, “Anatomy of an I-9 Audit,” Upper Midwest Employment Law Institute, May 21-22, 2018
- Co-Presenter, “What Now? What Next? Hiring Foreign Nationals in Uncertain Times,” Fredrikson & Byron Immigration Seminar, May 9, 2018
- Co-Presenter, “Employer Immigration Update,” Fredrikson & Byron’s 33rd Annual Employment & Labor Law Seminar, November 3, 2017
- “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
- Chambers USA: America’s Leading Lawyers for Business, Minnesota – Immigration, 2022
- Diversity and Inclusion Award, Minnesota Lawyer, 2021
- Best Lawyers’ Immigration Law “Lawyer of the Year” in Minneapolis, 2021
- The Best Lawyers in America, Immigration Law, 2020-present
- Lawyers of Color, Nation’s Best List, 2019
- Hennepin County Bar Association’s Excellence Award, 2019
- Who’s Who Legal: Thought Leaders – Corporate Immigration 2020, 2022
- 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, 2017-2019
- 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 Lawyers Association (AILA), Member
- AILA: MN/Dakotas Chapter Chair, 2005-2006
- AILA: Global Migration Section, Member
- AILA: DOL Liaison Committee, H-2 Vice Chair, 2016-2019
- 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
- American Immigration Council, Board of Directors
- 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
- Leadership Council on Legal Diversity, Fellow, 2016
- Twin Cities Diversity in Practice Professional Development Committee, 2010-2013
- 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
- YWCA – Twin Cities and Advocates for Human Rights, Board Member