People•Benjamin A. Nucci
Benjamin A. Nucci
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Benjamin A. Nucci

Partner
People•Benjamin A. Nucci

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.

Representative Experience

  • 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.

Representative Experience

  • 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

  • The University of Arizona, James E. Rogers College of Law (J.D., cum laude, 2013)
    • Articles Manager, Arizona Journal of Environmental Law & Policy
    • Best Comment Award: From Comity To Comedy: The Ninth Circuit's Blanket Injunction On The Sea Shepherd's Southern Ocean Activities May Be Laughing In The Face Of Established International Law, 3 Ariz. J. Envtl. L. & Pol’y 1051 (2013)
    • International Law Society, President
  • La Trobe University, School of Law, Melbourne, Australia (LL.B., with distinction, 2014)
  • Royal Melbourne Institute of Technology (RMIT) (B.S., Psychology, 2007)
    • Study Abroad: Universitá di Siena, Italy (2005)

  • American Immigration Lawyers Association
  • State Bar of Arizona
  • State Bar of Colorado
  • State Bar of New Mexico

Presentations

  • "Recent Trends in Union Elections," Presenter, SHRM Labor Conference (April 26, 2023)
  • “Business Immigration Updates,” Co-Presenter, 2021 Employment Law Tool Kit Two-Part Webinar Series: Session 1: Issues for All Employers (November 4, 2021)
  • “New Mexico Check-Up: Paid Sick Leave Coming 2022”, Presenter, New Mexico Department of Transportation (October 27, 2021)
  • "Cannabis in the Arizona Workplace," Co-Presenter, Clients of Premier Risk Management, Phoenix, Arizona (August 30, 2021)
  • "Changes in Union Organizing Elections," Presenter, SHRM of Greater Phoenix Labor Conference (July 28, 2021)
  • "Business Immigration Update," Presenter, Snell & Wilmer Virtual CLE Series (June 1, 2021)
  • "Telephone Presentation: Managing Business Needs During a Pandemic," Snell & Wilmer (April 20, 2020)
  • "Immigration Law Update," Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 6, 2019)
  • "International Business: Export Considerations and US Immigration Update," Co-Presenter, State Bar of Arizona International Law Section (May 16, 2019)
  • “Present & Future of Labor/Employment Law: One-Year “checkup” on Arizona’s paid sick leave requirement,” Co-Presenter, Arizona State Bar (June 29, 2018)
  • “FMLA and the ADA: Important Issues to Consider for Employers,” Presenter, Arizona Rock Products Association (March 28, 2018)
  • "Immigration Law Update," Co-Presenter, Employment Law Tool Kit Seminar, Snell & Wilmer, Costa Mesa, CA (November 7, 2017)
  • “Paid Sick Leave Check-Up: Update on the First Four Months of Mandatory Paid Sick Leave for Arizona Employers,” Co-Presenter, Arizona State Bar Business Law and Employment & Labor Law Section (October 18, 2017)
  • “FMLA and the ADA issues for Employers,” Presenter, Goodwill of Central and Northern Arizona (July 17, 2017)
  • “Proposition 206: Impact on Arizona Employers,” Presenter, Arizona Department of Transportation Passing Zone Series (April 14, 2017)
  • “Paid Sick Time: Arizona & Local Regulation,” Co-Presenter, HRDG (March 7, 2017)
  • “Arizona Proposition 206 & Flagstaff Proposition 414: Paid Sick Time in Arizona,” Co-Presenter, Home Care Association of America (February 23, 2017)
  • “Proposition 206: Minimum Wage & Paid Sick Time,” Presenter, Arizona Rock Products Association (January 11, 2017)
  • “Arizona Ballot 2016,” Presenter, Arizona Total Rewards Association (September 15, 2016)
  • “Human Resources Legal Update,” Presenter, Arizona Total Rewards Association (June, 2016 – Present)

Treatises

  • Bloomberg Law, “How to Take a Case Before the NLRB,” Chapter Editor (2020, 2021)  

Legal Publications

  • The Best Lawyers in America®: Ones to Watch, Labor and Employment Litigation (2022-2023); Labor and Employment Law — Management (2023)
  • Arizona Bar Foundation Top Pro Bono Attorney of the Year (2019)

  • Florence Immigration & Refugee Rights Project, pro bono attorney
  • Volunteer Lawyers Program

  • Brownstein, Hyatt, Farber, Schreck, LLP, Associate (2015-2016)
  • Modrall, Sperling, Roehl, Harris & Sisk, P.A., Associate (2014-2015), Summer Associate (2013)
  • U.S. District Court, District of Arizona, Judicial Clerk to The Hon. Magistrate Judge D. Thomas Ferraro (2012)
  • DLA Piper, Australia, Summer Associate (2012-2013)
  • Toni&Guy, Summer Associate (2012)

  • Italian

  • Arizona
  • Colorado
  • Navajo Nation
  • New Mexico

  • Supreme Court of Arizona
  • Supreme Court of Colorado
  • Supreme Court of New Mexico
  • Tribal Courts of the Navajo Nation
  • United States Court of Appeals, Ninth Circuit
  • United States District Court, District of Arizona
  • United States District Court, District of Colorado
  • United States District Court, District of New Mexico
  • United States District Court, Western District of Pennsylvania
  • United States Immigration Court