• Insights

The Onboarding Blues: COVID-19, U.S. Immigration and the Onboarding Process for U.S. Law Firms

July 21, 2020

Country / Territory

  • United StatesUnited States

Related contacts

Christopher_Gregario

Christopher Gregorio

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2806

Related offices

  • Fragomen in New York, NY

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Christopher_Gregario

Christopher Gregorio

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2806

Related offices

  • Fragomen in New York, NY

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Christopher_Gregario

Christopher Gregorio

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2806

Related offices

  • Fragomen in New York, NY

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Christopher D. Gregorio

Historically, the onboarding process for first-year associates happened like clockwork. There was always  a bump or two in the road, such as when a new hire left his passport at home on the day when he was scheduled to complete the I-9 form, but typically these types of obstacles were overcome without much of an issue. This year, though, has been very different. COVID-19 has caused a ripple effect across all roads of life, and one intersection that has been significantly impacted has been the onboarding process for U.S. law firms with foreign national associates. Fear not, though, as there are solutions to guide you through the current times.

As an initial matter, COVID-19 has had a major impact on the administration of the bar exam. While some states, such as Utah and Washington, have confirmed they will grant emergency diploma privileges to certain law school graduates, allowing them to forego the bar exam and commence practicing law, other states, such as Michigan and Massachusetts, have adopted the online exam approach for the first time. For some states, like New York, incredibly enough, there is still no finalized plan, as the in-person test rescheduled for September 9-10 has recently been canceled. Accordingly, the New York State Board of Law Examiners has faced serious pressure, given the fluidity of the current pandemic, which has forced many states (including New York) to re-examine their plans. The uncertainty of COVID-19 has led to serious complications for all recent law school graduates, but maybe no group more so than students on F-1 student visas.

The F-1 visa (Academic Student) allows an individual to enter the U.S. as a full-time student at an accredited college or university. After the first academic year, F-1 students may engage in temporary employment that is directly related to an F-1 student’s major area of study, known as Optional Practical Training (“OPT”). Eligible students may participate in OPT through pre-completion OPT, which allows students to work part-time (20 hours per week) during the school-year, or post-completion OPT, which allows students to work either part-time or full-time in a position related to their degree following the completion of their studies.

The postponement of state bar exams has impacted many first-year associates’ law firm start dates, which historically have been in September after sitting for the bar exam over the summer.  Students with F-1 visas are allowed  90 days of unemployment during their OPT employment period, which begins on the initial validity date of the student’s Employment Authorization Document (“EAD”) card. A student that exceeds the allowable period of unemployment while on post-completion OPT is considered to have violated his or her F-1 visa status, which could result in serious immigration implications.

Given this fluid situation, some law firms are still finalizing their first-year associate start dates, and as a result, many employers have fielded questions from concerned F-1 students about maintaining a start date that occurs more than 90 days beyond their EAD start date. If you receive such a question, we recommend:

  • Raising the inquiry to your Fragomen professional
  • Advising the incoming associate to speak with their Designated School Official (“DSO”)


Even if the start date is more than 90 days beyond the incoming associate’s EAD start date, it does not signify doom, as there are alternative employment options for the F-1 student visa holder. So long as the incoming associate can find a position related to his or her field of study and is able to work more than 20 hours per week, this should enable him or her to properly maintain F-1 visa status and provide protection from accruing days of unemployment. For example, the incoming associate can explore an internship with a local legal clinic or connect with a law school professor regarding any available volunteer opportunities. Furthermore, the incoming associate can speak with various agencies to secure employment with another firm, even if temporary in nature, to bridge the gap until the start date with your firm.

Although COVID-19 continues to impact various U.S. immigration matters, by partnering with Fragomen and their DSO, there are solutions that first-year associates can pursue to preserve their ability to remain in the U.S. and commence their fall employment in a timely manner. The situation remains very dynamic, so please feel free to reach out to me at [email protected] or your Fragomen immigration professional for additional guidance.

This blog was released on July 21, 2020, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our  COVID-19 microsite,  subscribe to our alerts and follow us on  LinkedIn

 

Country / Territory

  • United StatesUnited States

Related contacts

Christopher_Gregario

Christopher Gregorio

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2806

Related offices

  • Fragomen in New York, NY

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Christopher_Gregario

Christopher Gregorio

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2806

Related offices

  • Fragomen in New York, NY

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Christopher_Gregario

Christopher Gregorio

Partner

Fragomen in New York, NY, United States

Email

[email protected]

T:+1 212 230 2806

Related offices

  • Fragomen in New York, NY

Related content

  • U.S. Immigration in the Biden Administration

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more

Media mentions

Bloomberg Law: Justices’ Migrant TPS Ruling Undercuts Pending Court Challenges

Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.

Learn more

Blog post

The EU Pay Transparency Directive: What Global Mobility Leaders Need to Know

In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU. 

Learn more

Media mentions

The PIE: UK Unis Must Treat Compliance as “Strategic Institutional Risk”

Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.

Learn more

Blog post

UK Immigration Reforms and Their Impact on the Engineering Talent Pipeline

In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.

Learn more

Media mentions

Irish Examiner: Updates to Non-EU Work Permits Will Help Firms Fill Critical Roles

Practice Leader Colm Collins explains how Ireland's employment permit updates can help employers address workforce shortages while strengthening the country's ability to attract global talent.

Learn more

Blog post

Understanding EU-Turkey Association Rights for Workers and Families in Germany

Senior Associate Arta Djahanschiri and Associate Iris Barthel discuss how EU-Turkey Association Law, including Association Council Decision No. 1/80, can provide Turkish employees and their family members in Germany with residence and labor market rights that may extend beyond protections available under the German Residence Act.

Learn more

Media mentions

Konfederacja Lewiatan: Ekspertyza przedstawiająca skutki zmian legislacyjnych oraz ich praktyczne konsekwencje dla osób objętych ochroną czasową

Poland Immigration Strategy Director Tomasz Rogala and Senior Associate Tomasz Rdzanek explain Polish legislative changes affecting residence rights, employment authorization and long-term immigration pathways.

Learn more
Generic Insights

Media mentions

Deutscher AnwaltSpiegel: Internationale Rekrutierung ist eine Compliancefrage

Partner Marius Tollenaere and Associate Jamela Sharrock examine how employers in Germany can strengthen immigration compliance by embedding it into every stage of the employment lifecycle.

Learn more

Podcast

EB5: What Prospective Applicants Need to Know NOW!

In this episode of The Immigration Conversation, Partner Chad Blocker, Senior Counsel Mitchell Wexler and Associate Alex Kim discuss what prospective EB-5 applicants should know now, including source-of-funds documentation, project selection, concurrent filing, retrogression and upcoming program deadlines.

Learn more

Blog post

New EU Social Security Coordination Rules: What Employers Need to Know

In this blog, Partner Jo Antoons and Senior Manager Marina Ocariz discuss the EU’s provisional agreement on revised social security coordination rules and what employers should know about the expected changes to A1 certificate requirements, posted worker rules and short-term cross-border work compliance.

Learn more

Blog post

Approaching EB-5 Grandfathering Deadline: What Investors Need to Know Before September 30, 2026

In this blog, Partner Rahul Soni explains the EB-5 grandfathering provisions under the EB-5 Reform and Integrity Act of 2022 and why prospective investors should consider filing before the September 30, 2026 deadline to help preserve statutory protections and reduce exposure to future program uncertainty.

Learn more

Video

Do You Need a Visa for Thailand? Tourist Visa Rules Explained

In this video, Practice Leader Kate Praphakornphiphat explains the key requirements, documents, fees and processing time for a Thailand tourist visa, as well as stay duration and extension options for short-term travel. 

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Important Updates
Important Updates
July 2, 2026 | QatarQatar: Amendments to Labor Law
July 3, 2026 | South AfricaSouth Africa: New Mandatory Pre-Arrival and Pre-Departure Customs Declaration Requirement Implemented
July 3, 2026 | VenezuelaVenezuela: Government Operations and Travel Disruptions Following Earthquakes
July 2, 2026 | DenmarkDenmark: Positive Lists Updated
July 2, 2026 | KuwaitKuwait: Restrictions Implemented for Nationality Law
July 2, 2026 | QatarQatar: Amendments to Labor Law
July 3, 2026 | South AfricaSouth Africa: New Mandatory Pre-Arrival and Pre-Departure Customs Declaration Requirement Implemented
July 3, 2026 | VenezuelaVenezuela: Government Operations and Travel Disruptions Following Earthquakes
July 2, 2026 | DenmarkDenmark: Positive Lists Updated
July 2, 2026 | KuwaitKuwait: Restrictions Implemented for Nationality Law
July 2, 2026 | QatarQatar: Amendments to Labor Law
Subscribe

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.