David Grunblatt

David Grunblatt is co-head of the Immigration & Nationality Group in the Labor & Employment Law Department.

David provides advice on all types of immigration law issues to corporations from a broad range of industries, including financial services, media and publishing, as well as luxury brand retailers. He counsels his clients on policies and programs to facilitate the hiring and transferring of foreign nationals and international personnel, using the full array of nonimmigrant and immigrant visa categories.

Firm/Organization: Proskauer Rose LLP

Blogs: International Labor and Employment Law, Law and the Workplace

Latest Articles

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: H-1 Extensions for Applicants for Permanent Residence are Alive and Well

By David Grunblatt

January 8, 2018

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I guess it is not a surprise, there was another information leak. This time the leak was from USCIS, perhaps an accident or perhaps not. Is it true or is it fake news that a regulation would be proposed limiting, at least in part, H-1B extensions beyond the normal 6-year limitation for individuals who have applied for permanent residence. Even floating this idea has created a tumult and the blowback, if there is any attempt…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective – A Modest Proposal

By David Grunblatt & Hallie Cohen

October 2, 2017

A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an application for “Advance Parole Authorization” was adjudicated would not have been deemed to have abandoned her application for adjustment of status.[1] He described a compelling case of an applicant with a dying father and the logistic nightmare she…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B Professional be Entry Level?

By David Grunblatt

August 9, 2017

My learned colleague, Cyrus Mehta, in his Blog “H-1B Entry Level Wage Blues”[1] posted on July 31, 2017 eloquently deconstructs the arguments made by USCIS when that agency challenges whether individuals can be qualified as participating in a “specialty occupation” or “profession” if they are classified for wage purposes as being at Level I. Cyrus correctly points out that it is the nature of the job that determines whether it is “professional” or not,…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Extreme Vetting or Just Extreme Record Keeping – What Will the Actual Consequences Be?

By David Grunblatt

June 12, 2017

On June 1st, the Washington Post reported that “Consular officers at U.S. embassies around the world have started more intensive vetting of some visa applicants, including asking for their social media handles, in an effort to block potential terrorism and other national security threats from entering the country.” In fact, a supplemental questionnaire to be used at embassies and consulates had been published on May 25th, and this questionnaire asks applicants for passport numbers and…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1b Visa Holders After The President’s Executive Order of April 18, 2017?

By David Grunblatt

May 1, 2017

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his Executive Order: Buy American and Hire American. The prior agency announcements coupled with this Executive Order have created a lot of confusion, misunderstanding, and fear, so much so, that many non-immigrants in the United States sincerely believe that…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth Amendment?

By David Grunblatt

April 10, 2017

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare monetary instruments in amounts of or over $10,000 can result in its seizure is applicable to departure and CBP has confiscated funds from individuals who did not make the proper declaration as recently as two…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being Restructured?

By David Grunblatt

April 5, 2017

Timed to coincide with the date when thousands upon thousands of H-1B petitions, subject to the quota cap limitation are filed with Service Centers of United States Citizenship and Immigration Services, various government entities, talking tough, made announcements describing changes in how H-1B petitions would be handled. USCIS posted a notice “Combating Fraud and Abuse of the H-1B Visa Program” instructing the public on what to look for as “H-1B Fraud and Abuse Indicators” and…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

By David Grunblatt & Valarie McPherson

March 20, 2017

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of President Trump’s recent Executive Orders. But, the search of these devices is not new. In fact, this was started in 2008 and is a response to the increasing number of travelers carrying such devices. On March 16,…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Customs and Border Protection (CBP) When You Depart the United States – Cash in Hand

By David Grunblatt

March 3, 2017

Moving forward in our series of separating fact from fiction, we address the question whether Customs and Border Protection (CBP) plays any role when a passenger, even a United States citizen departs the United States. It is widely known that if an individual brings into the United States currency or negotiable monetary instruments, they must fill out a “Report of International Transportation of Currency and Monetary Instruments”, FinCEN105. CBP agents inspect individuals upon entry into…

Law and the Workplace

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the Current Climate

By David Grunblatt & Erica Loomba

February 24, 2017

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations without going through the normal rule making process, he/she can significantly alter policy and enforcement priorities. These two memoranda are a clear example of a shift in focus. While the memos largely address individuals who are undocumented, your foreign national employees may be collaterally impacted…

David Grunblatt

Immigration Fact and Fiction for the U.S. Employer: H-1 Extensions for Applicants for Permanent Residence are Alive and Well

Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective – A Modest Proposal

Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B Professional be Entry Level?

Immigration Fact and Fiction for the U.S. Employer: Extreme Vetting or Just Extreme Record Keeping – What Will the Actual Consequences Be?

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1b Visa Holders After The President’s Executive Order of April 18, 2017?

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth Amendment?

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being Restructured?

Immigration Fact and Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

Immigration Fact and Fiction for the U.S. Employer: Customs and Border Protection (CBP) When You Depart the United States – Cash in Hand

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the Current Climate

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