Benjamin Nucci assists employers in navigating complex immigration and employment issues. He has extensive experience in all aspects of employment-based U.S. immigration law, including visa sponsorship and immigration worksite investigations. In addition, Benjamin counsels employers on state and federal employment law compliance and represents employers in both state and federal courts, as well as in proceedings before administrative agencies. He is well-versed in labor relations and has experience representing employers regarding unfair labor practice charges, union elections, and in collective bargaining.
Benjamin serves as co-chair of Snell & Wilmer's Pro Bono Committee. Benjamin was born and raised in Australia and is an avid Aussie Rules and Socceroos fan.
Benjamin Nucci works with employers to avoid liability by providing practical and strategic advice regarding federal and state employment law compliance, employment policies, and best practices to avoid employment litigation. Benjamin regularly presents employment law training seminars for managers and human resources professionals concerning workplace drug and alcohol testing, labor relations, cannabis issues, and paid sick time compliance.
Benjamin has extensive experience litigating labor and employment in arbitration, in state and federal court, and before state, federal, and tribal administrative agencies, including the Equal Employment Opportunity Commission, National Labor Relations Board, Department of Labor, and the Navajo Nation Labor Commission. He has defended employers in cases arising under Title VII, the Americans with Disabilities Act, the Fair Labor Standards Act, the Age Discrimination in Employment Act, the National Labor Relations Act, state discrimination and wage statutes, whistleblower statutes, as well as defended against common law causes of action such as breach of contract, breach of fiduciary duty, and tortious interference with contract.
Benjamin also assists clients manage labor relations, including representing employers in unfair labor practice proceedings, unionizing elections, and collective bargaining. He is listed in The Best Lawyers in America®: Ones to Watch for labor and employment litigation and management-sided work.
- Defended employers from claims before the U.S. Equal Employment Opportunity Commission, Arizona Civil Rights Commission, Colorado Civil Rights Division, New Mexico Human Rights Bureau, U.S. Department of Labor, National Labor Relations Board, Navajo Nation Office of Labor Relations, and Navajo Nation Labor Commission
- Counseled employers on multi-state layoffs and WARN obligations
- Represented employers in wage and hour “hybrid” class/collective actions
- Negotiated collective bargaining agreements on behalf of management
- Drafted comprehensive employment agreements, policies, and handbooks for employers
- Conducted internal investigations regarding harassment, discrimination, fraud, and violation of company policy
Benjamin Nucci advises employers on business immigration strategy, counseling, and implementation. His practice covers all aspects of employment-based immigration into the United States. He works closely with employers to structure their immigration programs and develop long-term visa strategies for key employees in various industries, including gaming, software development, data analytics, education (private and public), and healthcare. He has extensive experience in obtaining non-immigrant work visas and employment-based immigrant visas for professional, management, and specialized skill employees.
Benjamin also advises employers on a range of workplace immigration compliance issues, including Form I-9/E-Verify best practices, Immigration and Customs Enforcement (ICE) audits, Department of Labor investigations, and avoidance of discrimination claims based on alienage and citizenship status.
- Bringing foreign nationals to U.S. to work under the following non-immigrant visas: E-2, E-3, H-1B, J-1, L-1 and O-1
- Assisting foreign nationals in transition from non-immigrant status to immigrant status through labor certifications, I-140 and I-130 filing, and adjustment of status or consular processing
- Advising clients on EB-5 (regional center projects and individual investors)
- Representing companies in ICE audits, USCIS Fraud Detection and National Security Directorate audits, and Department of Labor audits
- Representing companies subject to a worksite raid
Representative Clients
- Gaming industry
- Software development
- Data analytics
- Biomedical and biotech
- Education (private and public)
- Government
- Retail