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Using a hypothetical case scenario, this panel will provide a comprehensive step-by-step guide to preparing and filing a successful H-1B petition. Learn to identify and overcome special H-1B issues and challenges including the H-1B cap and education/experience evaluations. As part of the process, you will learn how to prepare and file a Labor Condition Application and will examine the necessity and importance of maintaining public access files.
- Overview of H-1B Eligibility-Specialty Occupations, Professional Workers - Foreign Degrees, Equivalencies, and Successfully Using Credential Evaluations - The Labor Condition Application, Prevailing/Actual Wage Requirements - Preparing the H-1B Petition-An Overview of the Forms and Supporting Documentation - Deconstructing the H-1B Cap-What Is It and How Can You Successfully Navigate It? - The Public Access File - H-1B Portability-We Need That Employee Now!
I'll See You in Court!- Administrative and Federal Court Appeals for Business Immigration Lawyers March 9, 2010
This panel will provide the business immigration attorney with everything they need to know when seeking administrative and/or judicial review of a denied I-129 or I-140. The faculty will discuss the pros and cons of AAO versus federal court review, and will provide resources and strategic models for taking a case to federal court.
- Your I-129 or I-140 Was Denied, What's Next?-Jurisdiction and Cause of Action - Nuts and Bolts-Complaint, Plaintiff, Defendant and Venue - Procedural and Timing Considerations - Getting to the Good Stuff-Exhaustion of Administrative Remedies and Exceptions - Pros and Cons of AAO vs. Federal Court - Can the Employee Keep Working During the Appeal Process? - When to Re-File a New Petition
Q Visas for International Cultural Exchange: How to Successfully Add Them to Your Visa Repertoire March 4, 2010
Join us for an engaging discussion on the history and purpose of the Q visa. The panelists will offer tips and pointers for filing a successful application, and will provide examples of the many unique uses of the Q visa.
- History of the Q Visa-How Did It Come About? - Petition Requirements-Program Requirements, Cultural Component, Work Component - Participant Requirements - Admission and Extensions of Stay - RFEs and Difficult Cases
Late Breaking: Interpretations and Implications of the January 8, 2010 Neufeld Memo on the H-1B Employer-Employee Relationship February 26, 2010
The January 8, 2010 Neufeld memorandum significantly altered USCIS' definition of the employer-employee relationship as it relates to third-party worksite placements in the context of H-1B petitions, and has the potential to reach other aspects of employment-based immigration as well. The memo also departs from long-standing precedent and concludes that persons with a substantial interest in a petitioning company cannot, in most cases, qualify as a beneficiary of an employment-based nonimmigrant or immigrant visa. This seminar will dissect the Neufeld memorandum, offer strategies and tips for preparing H-1B petitions and responding to RFEs, and will discuss the potential impact of the memorandum on various aspects of employment-based practice including FDNS site visits and advising an employee regarding travel.
- Defining Employer-Employee Relationship and Third Party Placement - Types, Options, Formats and Levels of Documentary Evidence Required to Support the Employer-Employee Relationship - H-1B Eligibility for Owners of Substantial Interest in the Petitioning Company - Impact of Memo on Access to Key Talent for "End User" Employers - The Pitfalls of USCIS' Role in Ensuring LCA Compliance-The End of Amendments Only for "Material" Changes and the October 23, 2003 Hernandez Guidance? - Impact on H-1B Cap Cases, Amendments, Extensions and Travel Concerns - End Dates and Strategies to Minimize Negative Impact and Absurd Results - Application of Memo on FDNS Site Visit/Notice of Intent to Revoke Scenarios - Violation of the Administrative Procedures Act? Advocacy, Appeals and Approaches to Litigation-Where Do We Go From Here?
Opportunities and Obstacles in U Visas February 25, 2010
The U visa was created by Congress nine years ago, but agency neglect has only recently made it available to victims of serious crimes. While the law is very broad, problems still remain in that certification from a government agency is required for approval. This panel will discuss the intended breadth of the U visa, and examine how to deal with resistance within law enforcement agencies in seeking certification for your client.
• Statutory Requirements for U Relief • Intent Issues and Qualifying Crimes • Demonstrating Substantial Physical or Mental Abuse • Assistance to Law Enforcement—How Much Is Enough? • Breaking Through Institutional Bias from Law Enforcement in the Certification Process • Clients in Proceedings or with Orders of Removal • Adjustment Process for U Visa Holders
E Visas: Strategies for Treaty Traders/Treaty Investors in a Down Economy February 23, 2010
The panel will discuss various issues related to treaty trader/investor visa applications and petitions before the U.S. Department of State and the U.S. Citizenship and Immigration Services, with a particular focus on how these visa categories are affected by the current global economic climate.
• Overview of the Treaty Trader/Treaty Investor Categories • Substantial Trade for the E-1 Treaty Trader • Amount of the Investment for the E-2 Treaty Investor • Change of Status with USCIS vs. Processing at the Consular Post • Principal Investor/Trader vs. Employees, Who Qualifies as an Essential or Supervisory Employee? Is Availability of U.S. Workers an Issue? • Preparing the E Visa Applicant for the Interview • E Visa Registration and Processing Changes with the Advent of the DS-160
Export Controls for Immigration Lawyers February 18, 2010
Violations of U.S. export control laws can subject companies to severe sanctions and subject their foreign national employees to grounds of inadmissibility and deportability. This panel will give an overview of Commerce Department's export administration regulations, what to watch for and how to protect your clients.
• What Is Export Control and What to Look For (Countries, Technologies, etc.) • Export Administration Regulations (EAR) • Transfer of Technology and Deemed Export under the EAR • Determining Availability of Export Control License • Criminal and Civil Penalties for Violations • Inadmissibility/Deportability Grounds for Violations • How to Advise Your Clients and Protect Them • Antidiscrimination Issues—What if a Company Doesn't Want to Hire a Person Who Requires a License?
Trouble in Paradise-What to Do When Your Spousal/Fiance Case is Denied at the Consulate February 9, 2010
Are you frustrated by a visa denial or a petition revocation? Don't give up! Get concrete strategies and advice on how to proceed when your marriage-based or fiancé(e) visa application is denied at the consulate.
• What's the Problem?—When Your Clearly Bona Fide Case Is Denied • Denial of the Visa/Revocation of the Petition—What's the Process and How Does It Work? The Roles of the Consulate, the NVC, USCIS • Following Up with the Consulate, Gathering Information, Can I Appeal? • Bouncing Back from a Revocation—Can the Petition be Salvaged? • Filing a New Petition After Revocation—Tips and Strategies • Problem Posts—Preparing for a Difficult Adjudication, Special Procedures for Individual Posts
When the Numbers Don't Add Up - Ability to Pay Beyond the Yates Memorandum February 4, 2010
The problem facing many current and future employment-based petitioners is proving ability to pay in the I-140 context in today's down economy. This panel will discuss strategies for demonstrating ability to pay when the petitioner does not meet the three prong test outlined in the Yates memorandum. Learn how to advise clients and win cases when net income, net current assets or wages paid do not cover the full offered wage.
• Reading the Regulations, Memos, and Case Law—Appropriate Alternative Evidence and When Is It Appropriate? • Reviewing the Facts When the Numbers Don't Add Up—Proper Utilization of the Matter of Sonegawa "Totality of the Circumstances" Argument and Providing Secondary Evidence • Review of Recent AAO Decisions Challenging USCIS's Strict Compliance with the Yates Memorandum • Big Problems Getting Even Bigger—Ability to Pay for Multiple I-140s • Can a Cash Infusion Save a Dying Case?—Shareholder Income, Startup Companies, Parent Corporation Financial Support • The Replacements—The Value of Subcontractors
Top Ten (and Maybe a Few More) Government Errors and How to Correct Them January 26, 2010
Let's face it, government errors happen. If you're fortunate enough to have not experienced a mistake on an approval notice, I-94 or an improperly rejected LCA, consider yourself lucky, but be warned. When a government error inevitably arises in one of your cases, will you be prepared to take immediate corrective action? Get tips and advice for quickly resolving the top ten government errors.
• My Client Didn't Receive His (EAD, Greencard, Approval Notice) from USCIS • The Government Can't Locate My Client's File • There's An Error on My Approval Notice • There's an Error on My I-94 • My Petition/Application Was Improperly Rejected by the USCIS Mailroom • My LCA Was Improperly Rejected/Denied by iCERT • My PERM Was Improperly Denied Due to Government Error • My Client Keeps Getting Flagged for Security Issues When He Returns from Travel Abroad But He Didn't Do Anything Wrong • The SWA Assigned an Incorrect Level to My Prevailing Wage Request • USCIS Assigned My Client the Wrong Priority Date
Late-Breaking Seminar: Temporary Protected Status and Relief for Haitians in the U.S. January 25, 2010
In light of the administration's announcement designating Haiti for Temporary Protected Status (TPS) following the devastating earthquake, it is anticipated that thousands will need assistance in determining their eligibility, and applying, for this special benefit. This workshop will provide an overview of TPS, how to prepare and file an application, TPS for dependents, TPS for clients in proceedings, appealing a TPS denial, and advising clients on travel and other issues. The speakers will also cover options for Haitian nationals who do not qualify for TPS.
Children Born Out of Wedlock and Legitimated Children: The Path to Permanent Residency and Citizenship January 21, 2010
This panel will discuss the immigration complexities relating to children born out of wedlock and legitimated children.
• Establishing a Bona Fide Parent-Child Relationship • Breaking Down the Legitimation Laws • Filing an I-130 for a Child Born Out of Wedlock Who Is Over 21 • DNA Testing • Acquisition of Citizenship • Immigration Options if Parent Is Deceased
B Nonimmigrant Visas January 14, 2010
The B visa for business (B-1) or pleasure (B-2) can be used for a broad range of activities in the United States. As long as appropriately used, the B visa is often times the most practical and expedient visa solution.
• Visitor Visas to the United States—Business or Pleasure? • Acceptable B-1 Business Activities—Can I "Work" on a B Visa? • B-1 in Lieu of H-1/H-3 • Domestic Workers and Domestic Partners • The Impact of NAFTA and ESTA, US-VISIT • How Long Can I Stay and How Often Can I Enter on a B Visa? • DOS vs. CBP—Differences in Visa Interview and Admission, Overcoming Immigrant Intent
I-751 New Developments January 12, 2010
The panelists will discuss the latest agency developments in I-751 petitions to remove conditions on residence and the often thorny issues that arise when a couple is on the road to divorce.
• From Then-The Historically Strict Interpretation and Application • To Now-The Neufeld Memorandum of April 13, 2009 • Evidence Gathering-From Initial Intake and Beyond • Interview Triggers and Interview Preparation • Revocation of Conditional Permanent Resident Status • NTAs and Removal Proceedings • The Statutory Gap-Practical Considerations in the Divorce Process
Pitfalls in Degree Equivalency January 7, 2010
The term "or equivalent experience or education" has never been harder to navigate in EB-2 and EB-3 cases. Despite years of often clashing interpretations, degree equivalency remains one of the thorniest areas in business immigration law. This panel investigates the issues and strategies in dealing with foreign degree equivalencies in the EB-2 and EB-3 contexts.
• EB-3 Equivalencies • EB-2 Equivalencies • Nonimmigrant vs. Immigrant Visa Context • Differing Agency Interpretations and Interplay of Labor Certification and I-140 • Special Considerations-Physicians, Single vs. Multiple Source Foreign Equivalencies
Criminal Waivers of Inadmissibility December 17, 2009
This seminar will cover general strategies for preparing a successful criminal wavier application.
- Is a Waiver Necessary?-A Brief Overview of Criminal Grounds of Inadmissibility and Exceptions - Criteria for an INA §212(h) Waiver - Preparing and Documenting a Successful §212(h) Waiver-Hardship, Rehabilitation and Other Mitigating Factors - When Extreme Hardship Is Not Enough-Don't Forget About Discretion - The Waiver Process-IV Consular Processing, Adjustment of Status, Admission at the Border - Review of Recent Circuit Court and BIA Decisions
Diplomats, International Organization & NATO Visas December 15, 2009
This panel will offer an introduction to the NATO, A, and G visa classifications including their eligibility requirements and benefits. In addition, the panelists will highlight the unique issues that arise with respect to clients who currently hold, or have ever held one of these visas and who seek to change status or apply for permanent residence.
- The Basics of As, Gs, and NATO Visas-An Overview of Eligibility Criteria for Principals - Spouses, Children, Parents, Domestics and Personal Employees-Who Else Can Come Along, for How Long and for What Purpose? - The Lingo: Diplomatic Designation, Diplomatic Visas and Official Visas-What's the Difference? - We Want to Stay! Or Not-Change of Status and LPR Eligibility Including Special Immigrant Status for Family Members and INA §13 Eligibility
Oh My-O-1s for Extraordinary Scientists and Business Persons December 10, 2009
Just who is extraordinary in the eye of USCIS? This panel will discuss the changing landscape for O-1s in the sciences and business.
- What Is "Extraordinary"-Review of the Statutory Criteria and Analysis of USCIS Interpretations -Is Your Client Really "Extraordinary"?-The Weight Accorded to Each Criteria, When to File, and When to Pursue Other Options - Examination of Case Law-Can You Avoid the Dreaded RFE? - Preparing the Case-The Consultation Requirement and Evidence of Extraordinary Ability - "Event" Interpretation in the Context of Ongoing Business or Academics - Adjudication Trends and the Effect of the Economy on Business and Science O-1s
CSPA and Priority Date Retention December 8, 2009
Notwithstanding the BIA decision in Matter of Wang, a U.S. district court has certified a national class action to address the interpretation of priority date retention in §203(h)(3) of the Child Status Protection Act. This panel will review some of the major components of the Act to help practitioners maximize the amount of time one can hold the status of a "child."
- Overview of the CSPA - Immigration Math and the Importance of Seeking a Visa within One Year - Choosing to Grow Old-Opting Out - Stubborn Children-Can You Avoid a Final Decision and Stay Young Forever? - When Does the CSPA Permit Priority Date Retention? - What Went Wrong with Matter of Wang? - Review of Costelo v. Chertoff—Is Your Client a Class Member?
Late-Breaking: Batting Clean-Up on H-1B Compliance December 4, 2009
You've been retained by a new employer client and are sitting down for a Q&A session with the HR manager. The client has several existing H-1B employees and a review of the files reveals a number of shortcomings. Not only are the files a mess, but there is no documentation of actual or prevailing wage, nor any evidence that notice of the positions was posted! This panel will review the steps attorneys should take to proactively prepare for a DOL audit and/or USCIS site visit for new employer clients who have previously filed H-1B petitions that fall short of compliance with DOL and USCIS regulations.
- H-1B Petition Documentation-Should an Amended Petition Have Been Filed? - Overview of Public Access File Requirement Wage Issues-Prevailing Wage, Actual Wage, Documentation and More - Preserving Employer Rights and Appealing a Wage & Hour Division Determination Curing Late Documentation-Failure to Post, and Other Sins - Benching, Termination and Calculating/Avoiding Backpay Liability - Responding to Demand Letters from Private Attorneys on Behalf of Current or Former H-1B Workers - Non-Compete and Liquidated Damages Clauses for LCA Violations - Potential Criminal Liability for LCA and H-1B Violations
Permanent Porting under AC21 in the Twenty-First Century Economy December 3, 2009
After almost ten years since its enactment in October 2000, the permanent portability provisions of section 106(c) of AC21 have been the subject of heated debate, numerous USCIS memos, an AAO adopted decision, federal court litigation, but no regulations. This panel provides a re-examination of the law's parameters given its heightened importance in an economy with continuing layoffs.
- Standard of Eligibility for AC21 Portability-Has It Changed? - Matter of Al Wazzan and an Approvable I-140 - Can the Immigration Judge Permit Porting in Proceedings? - Is an Approved I-140 Petition Ever Safe for Porting? Understanding Herrera v. USCIS - AC21 Porting and Rescinding the Green Card - Dual Representation Issues—In General and When the Employee Gets Laid Off
Expedited Naturalization and Other Benefits for Military Personnel November 19, 2009
This panel will discuss naturalization benefits for military personnel, and how to advise clients of the immigration benefits of enlisting for themselves, their spouses, and family members.
- Naturalization of Military Personnel-Who Qualifies? - Naturalization Under INA §328 vs. INA §329 - What is "Active Duty?" - From H-1B or J-1 to US Citizen in 31 Days-New Military Enlistment Programs - Overcoming Document Fraud, False Claims and Other Usual Bars - Residency and Physical Presence Exemptions - The Application Process-Form N-426, Fees, Documentation - Posthumous Citizenship - Benefits for Family Members of Military Personnel
Third Country National Processing in Canada and Mexico November 17, 2009
Practitioners with extensive border experience will address current issues in third country national (TCN) processing.
-Is Third Country National Processing Available for Your Client? -Which Posts Accept TCNs? -Current Issues with Bars, Waivers, and TCNs -Inspection and Entry Issues-DUIs and Other Issues -Right to Counsel at the Border -E Visas for TCNs-Special Considerations
Mergers and Acquisitions-Impact on Employment-Based NIV and IV Cases November 10, 2009
In this time of ongoing change, companies are performing more mergers and acquisitions than ever. This panel will discuss the impact of mergers and acquisitions on employment-based NIV and IV cases.
-Acquiring and Merging Companies-When to File an Amended Petition -Strategic Analysis-Whether to Argue Successor in Interest -Successor in Interest for H-1B Petitions, Filing an Amended LCA -Successor in Interest for L-1 Petitions-When Is This Possible? -Acquiring and Merging Companies and the Permanent Resident Process -Proactive Due Diligence Considerations
Adjustment of Status vs. Consular Processing November 5, 2009
The panelists will provide an overview and discuss the nuances involved in the process of obtaining lawful permanent resident status, either through consular processing or adjustment of status in the United States, as it pertains to both employment-based and family-based petitions.
-General Overview of Consular Processing and Adjustment of Status -INA §245(i) and §245(k)—What Are They and Who Do They Help? -Assessing Strategies and Determining When Consular Processing is Preferable-DV, Retrogressed Petitions, Religious Workers, etc. -Preview of the New DS-260 and Its Impending Implementation-Is This a Good Time to Avoid Consular Processing? -Paperwork and Documentation Hurdles-When and What Must Be Submitted to the National Visa Center? To USCIS? -Preparing Your Client for an Immigrant Visa or Adjustment of Status Interview
Current Trends in Motions to Suppress November 3, 2009
The administration's continued emphasis on worksite enforcement actions and the expansion of 287(g) agreements provide ample opportunity for the use of motions to suppress in immigration court. The panel will discuss how to coordinate and develop evidence, along with national efforts and trends in suppression motions.
-Overview of Lopez-Mendoza -Interviewing Clients and Witnesses -Affidavit Preparation and Evidentiary Considerations -Use of Discovery from Simultaneous Criminal Prosecutions and/or Civil Litigation -Objections to DHS Evidence and Witnesses -Raising and Preserving Constitutional Claims Before the IJ for Judicial Review
AILA Immigration Options for Physicians CLE Webcast:Advanced Strategies for Providing Proper Diagnosis and Treatment October 30, 2009
This one-day educational event, developed by AILA's Health Care Professionals Committee, was presented to a live audience at the AILA National Office on October 30, 2009, and was webcast to a remote audience via the Internet. This advanced-level program is designed for the experienced immigration practitioner who has a sophisticated knowledge of immigration practice for international medical graduates. The program may also be appropriate for those intending to learn more about this complex area of immigration law, including academic personnel and medical practice administrators. This program is not intended as a beginner's course.
Join our faculty of immigration law experts as they discuss topics unique to the representation of international medical graduates and physicians including: Visas for Training Purposes, J-1 Waivers, Fulfillment Issues, H-1Bs, PERM, PERM-Exempt Options, National Interest Waivers, and Canadian Physicians.
The PERM Audit: Red Flags and Random Selection October 27, 2009
Is there rhyme or reason to PERM audits? This panel of experts will answer your questions on the PERM audit process and will provide invaluable tips for successfully navigating your client through an audit.
- Common Audit Issues-Business Necessity, Wage Range, OES - Cutting Edge Audit Issues-Data Mining, Layoffs, Worker Availability Issues - Tips for Meeting the Audit Deadline and Requesting an Extension - DOL Processing Times-How to Find/Interpret Processing Times and Advising Clients - When and How to Contact DOL and Submitting the Audit Response - Factors to Consider and Adverse Consequences of Withdrawal
Religious Workers Update-One Year After the New Regulations October 22, 2009
On November 26, 2008, USCIS issued new regulations revising the rules for religious workers. Since that time a class action (Ruiz-Diaz v. United States) was filed and limited premium processing restored. Get the latest information and practice tips from AILA's religious workers committee.
- Overview of the November 2008 Regulations Including Eligibility Changes and Forms - Ruiz-Diaz v. United States-What Prompted the Case and Where Does It Stand? - The Petition Process-Premium Processing Update, Concurrent Filing, Change of Employer Petitions - "Problem" Cases-Update on Site Visits, RFEs, and Response Strategies - Travel and Admission Issues, Visas Issued Prior to 11/26/08 Effective Date of Regulation
Full-Service Representation-Advising H.R. Managers on Employment-Based Immigration from Interview to Termination October 15, 2009
This seminar will prepare the business immigration practitioner to provide comprehensive answers to questions commonly posed by human resource professionals throughout the immigration process. Learn how to advise employer clients on questions that arise throughout the employer-employee relationship from interview and hiring to termination.
- The Interview—Permissible and Impermissible Questions, and Determining Whether an Applicant Will Need Sponsorship - Sponsorship for Initial or Extension NIV—Is the Company Obligated After an Offer Is Made or the Employee Has Started? - Developing a Corporate Immigration Policy-Timing, Fees and Repayment Provisions - Steps the Employer Should Take During a Mandatory Company-Wide Shut Down/Furlough or Salary Reduction - Termination-Notice to the Employee, USCIS and Return Transportation - What Happens to a Pending PERM Application, I-140 or Adjustment of Status Application When an Employee Is Terminated?
Federal Court for Immigration Attorneys-An Introduction October 8, 2009
With procedural rules, discovery, and often a faster paced docket, federal district court litigation can seem daunting to many immigration practitioners. This panel will provide an overview of substantive causes of action, procedural processes, and practical strategies and tips to help immigration practitioners understand the life of a federal district court action.
- Overview of Common Causes of Action in Federal Court - Procedural Timeliness and Strategic Filing Issues - PACER and Electronic Filing/Docketing - Settlement Negotiations - Appeals - EAJA Fees
Advanced Affidavit of Support Issues October 6, 2009
In many ways not contemplated when the regulations were issued, the affidavit of support can cause undue delay in even the most simple of family cases. Relatives or friends, concerned that the marriage won't last or that the sponsored alien may come to rely on public benefits, may refuse to co-sponsor. This panel explores the tricky issues attorneys must navigate in advising both client and non-client affidavit of support sponsors.
- Duty to Warn-Client and Non-Client Financial Sponsors - Parties That Can Seek to Enforce the Contract and Liability - Problems of Proof-Income, Assets and I-864A Household Members - Effect of Marital Dissolution, Separation, Child Support Issues and Death - Family-Owned Businesses- I-864s in the Employment-Based Context - Ethical Considerations-Dual Representation of Husband/Wife, Co-Sponsors and More - I-134 Affidavit of Support Issues for K Visa Applicants
Rising to the Challenge-Anticipating and Responding to H-1B and L-1 RFEs October 1, 2009
USCIS continues to inundate H-1B and L-1 petitioners with convoluted and often complicated Requests for Evidence (RFEs). This seminar will offer strategies to anticipate and respond to RFEs, and will provide tips for addressing specific issues, both common and extraordinary.
- What Is Behind This Recent Barrage of RFEs? - Common Requests in H-1B Petitions-Specialty Occupation and Bona Fide Employer - Common Requests in L-1 Petitions-Specialized Knowledge, Executive vs.Function Manager and the Hybrid Position - "Extraordinary" Requests-What Are They Really Looking For? - How to File in Anticipation of an RFE - Techniques for Effectively Responding to the RFE
SSA No-Match Rescission: A Kinder, Gentler ICE? Don't Fool Yourself! September 30, 2009
On August 19, 2009, DHS published notice in the Federal Register of its rescission of the safe-harbor procedures for employers who receive a no-match letter. This past July, ICE issued more notices of inspection in one week than the Bush administration did in all of 2007. Assume that this aggressive worksite enforcement campaign will continue and be prepared for the next wave of inspection notices and administrative subpoenas!
- Did ICE Need the No-Match Regulations to Conduct Civil and Criminal Investigations of Employers for Failing to Respond to SSA No-Match Notices? -What Guidance Should We Give Our Clients When Responding to Governmental and Other Notices of SSA Discrepancies? -What Are ICE's "New Enforcement Strategies" and How Do They Impact Our Representation of Employers and Workers? -How to Respond to a Subpoena for No-Match Letters in I-9 Inspections -With the Demise of the Safe Harbor Regulations, How Much Time Does An Employer Have to Address a Notice of "Suspect Documents" Issued After An I-9 Inspection? -How Does ICE Establish Fines in a "Notice of Assessment of Fine" and What Is a "Substantive vs. Technical" I-9 Violation?
Credibility Determinations/Corroboration in Asylum Post-REAL ID September 24, 2009
This seminar will give an overview of the law related to credibility determinations and corroboration in asylum applications with an emphasis on the development of the law before the BIA and circuit courts post-REAL ID
AILA Fundamentals of Immigration Benefits Law Practice Conference September 25, 2009: The AILA Fundamentals of Immigration Benefits Law Practice Conference and Webcast is a unique learning experience for attorneys new to the practice of immigration law. This event consists of two distinct components:
Substantive Sessions: Prior to viewing the webcast "workshop" sessions, participants will have access to five pre-recorded webinars covering the basics of substantive immigration benefits law: General Overview, Nonimmigrant Visas, Employment-Based Immigrant Visas, Family-Based Immigrant Visas and Naturalization. The sessions can be accessed by clicking on the "More information and links to presentation materials" link found in your email confirmation
Workshop Sessions: After viewing the substantive law sessions, tune in to the workshop sessions which were presented live at the AILA National office on September 25, 2009 and simultanteously webcast to a remote audience. Each workshop features a detailed hypothetical fact pattern designed to reflect common, real-life situations. Sessions are led by immigration experts who will show you how to prepare visa applications and petition packages, and will offer tips based on years of experience, including how to identify and analyze "red flags." You will also learn proven strategies for working with the many government agencies and regulatory bodies that oversee, interpret and enforce immigration law, regulations and policy.
Ethics for Immigration Lawyers Part II: Navigating the Ethics of Fraud-Balancing Candor and Confidentiality September 17, 2009
AILA is pleased to present "Ethics for Immigration Lawyers by Immigration Lawyers," a two-part seminar series focusing on the unique ethical issues faced by immigration practitioners. Part I: Deal or No Deal? Ethics, Clients and Money takes place on Friday, June 19, 2009. Part II: Navigating the Ethics of Fraud, delves into the ethical issues attorneys encounter when dealing with clients who are (or have been) less than truthful.
Forget PERM-Go To the Head of the Class under Schedule A! September 15, 2009
This panel discusses the "fast-track" permanent residence process under Schedule A Group II, including eligibility, blanket determination vs. individual labor certification, standards and procedures compared to EB-1, as well as helpful practice pointers
Late-Breaking E-Verify Update-FAR: A lot Closer Than You Think! September 14, 2009
On August 25, 2009, the U.S. District Court for the District of Maryland, Southern Division, denied the U.S. Chamber of Commerce's challenge to an amendment to the Federal Appropriation Regulation (FAR) that makes E-Verify mandatory for federal contractors. As a result, as of September 8, 2009, the FAR requires participating vendors and flow-down subcontractors to initiate E-Verify for all active and new employees. Get the latest on this significant development in this late-breaking seminar led by AILA's Verification & Documentation Liaison Committee, featuring representatives from the USCIS Verification Division.
- Implementation and Timing of Events-What Clients Should Be Looking for and When to Tell Them to Start Looking - Advising Prime Contractors and Subcontractors Regarding Their Respective Obligations - Implications of the FAR Definition of "Affiliates" in Determining What Constitutes the "Corporate Entity" for Contract Purposes - Increased Data Mining- Common Compliance Failures and How to Remedy Repetitive Misuse - Corporate Structure and Project Location- Why These Questions Are Important and What to Do with the Answers - Square Pegs into Round Holes- Common Implementation War-Stories and How to Learn from the Collective Headache
Access to Information: FOIA, FBI Requests and Facebook September 10, 2009
This seminar will address the various means of obtaining and expediting access to government information concerning your client including FOIA, discovery, and working with opposing counsel. The panel will also discuss the new administration's January 2009 Privacy Act memo and transparency goals, and the impact of social networking sites on the effective preparation and representation of clients.
When You Can't Get Out of Jail Free-Bond Issues September 1, 2009
The panelists will cover the issues and obstacles encountered when seeking bond before DHS and the immigration judge, with a lesser focus on writs of habeas corpus.
Late Breaking Seminar on iCERT August 28, 2009
This panel will provide the latest updates on iCERT registration, setting up accounts/subaccounts, surveys and LCA practice pointers (submission, processing times, reviews, decisions, etc).
Health-Related Grounds of Inadmissibility and Waivers (HIV, Other Communicable Diseases, Substance Abuse, etc...) August 27, 2009
The panelists will examine the details of health-related grounds of inadmissibility including HIV, other communicable diseases, and substance abuse. The panel will also provide expert advice on preparing and filing waivers of inadmissibility under INA §212(g).
Examining EB-5 Investor Visas- A Viable Option or Not? August 20, 2009
This panel is a teaser for the October 2009 EB-5 Investor conference to be held in San Francisco. The panel will cover the EB-5 basics for practitioners who are considering representing clients in this area or who want to broaden their knowledge base. The speakers will address issues that practitioners should consider when counseling clients and when accepting such cases.
Late-Breaking: Updates from the U.S. Consulate in Ciudad Juarez August 18, 2009
Get the latest updates on processing, procedures and trends at the U.S. Consulate in Ciudad Juarez from Laura F. Dogu, Deputy Consular General, and Warren M. Janssen, IV Waiver Officer in Charge, USCIS.
Nonimmigrant Visas - DS-160 - Applicant Service Center - Third Country Nationals
Immigrant Visas - Courier Passback - Medical Clinics - INA §221(g) - Inadmissibility Issues—INA §212(a)(6)(C)(ii) and INA §212(a)(9)(C)
Taxation Issues in Immigration Law August 13, 2009
This panel will engage in an in-depth discussion of personal income and estate tax issues as they intersect with immigration law. The panel will explain the concept of residency for federal income tax purposes and will explain the basics of federal estate tax laws for resident and non-resident aliens
Burdens of Proof and Evidentiary Issues in Removal Proceedings August 11, 2009
This panel will provide an overview of the evidentiary issues that arise in removal proceedings. The panel will review the various types of burdens, evidence that can and should be submitted to meet the burden and how to create a solid record in anticipation of appeal.
TNs for Management Consultants August 6, 2009
This panel will examine the practical aspects of TN processing and answer the age-old question: Is there really such a thing as a management consultant TN?
Declaratory Judgments for Business and Family Practitioners August 4, 2009
This panel will provide practitioners with the necessary information and tools to overcome USCIS denials, policy memoranda and interpretations by seeking relief in federal court.
Site Visits - Advising an Employer When USCIS Comes Knocking July 30, 2009
USCIS has received significant funding for a substantially increased volume of random site visits to employer petitioners. Over the coming year, many thousands more employers will have USCIS knocking on their doors. How do you respond?
Representing Couples in Nontraditional Marriages July 28, 2009
This seminar will cover the extent to which our immigration laws treat marriages that fall outside of traditional convention, including an overview of what is recognized as a valid marriage for immigration purposes and how nontraditional marriages do or do not fit into that box.
J-1 Waivers for Physicians-State 30 vs. Federal July 23, 2009
The panelists will discuss J-1 waiver options for physicians serving in medically underserved areas and weigh the pros and cons of obtaining state vs. federal waivers
New Adjudicator’s Field Manual Chapter 40.6-Illegal Entrants and Immigration Violators July 21, 2009
This panel will review in detail, the new chapter 40.6 of the Adjudicator's Field Manual concerning INA 212(a)(6), illegal entrants and immigration violators, as implemented by a 43-page March 3, 2009 USCIS memorandum.
I-9s in a New Era: A Re-examination of IRCA Rules and the Interplay with E-Verify July 16, 2009
This panel will focus on I-9 compliance changes in light of the recent revisions to the form. Despite extensive AILA comments to the proposed changes and suggested revisions, you still need to work around the form’s weaknesses to stay in compliance.
What to Do When Fraud Rears Its Ugly Head July 14, 2009
This panel will discuss the various ways to deal with an allegation or finding of fraud by USCIS. As USCIS increases the number of FDNS (Fraud Detection and National Security) units, and FOIA requests continue to be referred to FDNS, almost all attorneys will have a client accused of fraud at some point. Learn what to do and what not to do for a successful outcome for your client.
O Visas - That’s Entertainment! July 9, 2009
This panel will examine the details of O visas for artists, musicians and entertainers and will provide practice tips for successfully obtaining O-1s for those extraordinary clients.
National Interest Waivers-New Trends and Tricky Issues New Session Name June 30, 2009
This panel will discuss service center adjudication trends in national interest waiver cases and effective strategies for professionals in various fields.
- Advanced Degree Professionals vs. Non-Degreed and Bachelor-Degreed Professionals - NIWs for Physicians - Strategies for Self-Petition vs. Employer Petition, Including Portability, Client Management and Other Issues - Continuing Developments Post-NYSDOT: A Discussion of AAO Decisions and Service Center Trends - NIW As a First (Or Only) Choice vs. NIW in Conjunction with Another Course
Unlawful Presence-Facing the Bar Head On June 25, 2009
This panel will provide a complete overview of the issues presented when representing a client who may (or may not) have accumulated unlawful presence under INA 212(a)(9).
- Is a Waiver Needed?-Calculating Unlawful Presence, Tolling, Exceptions - My Client Needs a Waiver; Is She Eligible?-"Anchor" Relative, Hardship Considerations, Other Grounds of Inadmissibility - My Client is Not Eligible-Waiting Out the Bar Abroad; Proving Absence - Belly Up to the Bar-Lawful Admission with a 212(d)(3) Waiver; Fulfilling Time in the United States - Making a New Application for Admission Through Adjustment of Status - Managing Client Expectations-Answering the Tough Questions and Developing Successful Strategies
The Road Most Traveled-Maintaining LPR Status to Become a U.S. Citizen June 23, 2009
This panel will provide an overview of the requirements for maintaining lawful permanent residence, and will discuss strategies for avoiding possible obstacles on the path to U.S. citizenship based on loosening ties to the U.S., such as extensive absences or employment abroad.
- The Meaning and Maintenance of Permanent Residence: How to Establish and Keep LPR Ties to the U.S.-Intent and Totality of Circumstances - Steps to Take Before Leaving the U.S.-The I-131 Reentry Permit and the New Biometrics Process vs. the N-470 to Preserve Residence for Naturalization Purposes - The Twilight Zone: The Impact of Absences of 6 Months or More on Maintenance of Permanent Residence for Green Card Renewal and Naturalization - To Naturalize or Not to Naturalize: Facing a Claim of Abandonment of Permanent Residence at the Naturalization Interview
Ethics for the Immigration Lawyers Part I: Ethics, Clients and Money June 19, 2009
AILA is pleased to present "Ethics for Immigration Lawyers by Immigration Lawyers," a two-part ethics seminar series focusing on the unique ethical issues faced by immigration practitioners. Part I: Deal or No Deal? Ethics, Clients and Money, tackles the nitty-gritty of fees-agreements, advances, collecting and dispute resolution. This is a seminar you can't afford to miss!
The discussion will cover:
-Accepting New Clients-Identifying the Red Flags and How to Handle -Handling Advance Fees-The Client Trust Account Documenting the Relationship-What Makes a Great Agreement? -Advancing Filing Fees -Collecting Fees-Credit Cards, PayPal and More -Resolving Fee Disputes, Returning Funds Disputed by Dual Clients
Interplay Between Immigration Law and Labor/Employment Law June 18, 2009
This panel will discuss current issues that immigration lawyers need to know about labor and employment law. Topics include how to handle "at will" employment when immigration regulations call for a permanent job offer; advising clients on how not to discriminate in I-9 compliance; and developing hiring and firing practices with employer clients.
- The Interplay Between At-Will Employment and Immigration-Related Petitions for Permanent and Temporary Work Visas - Negotiating the Interplay Between Title VII, State Fair Employment Practice Statutes, and IRCA - Legal Distinction Between National Origin and Citizenship Discrimination: How Are These Enforced by the Office of Special Counsel and the EEOC? - What You Need to Know Concerning the Proper I-9 Protocols and E-Verify Requirements - Labor Certification-Effect on Employer's Hiring Practices; Employment Law as It Relates to Employer-Conducted Recruitment - "Volunteer" Work and Wage and Hour Rules
J Waivers-A Procedural Roadmap for Non-Physicians June 16, 2009
This panel will provide an overview of the procedures for preparing and filing a waiver of the two-year home residency requirement for J-1 non-physicians.
- The Two-Year Home Residency Requirement-Purpose and Triggers, Advisory Opinions - Types of Waivers-No Objection, Interested Government Agency, Hardship/Persecution - Preparing the Waiver Application, DS-3035: Addressing the Tricky Questions - The Roles of the Program Sponsor and the Waiver Review Division - No Objection Waivers—Protocols, Requirements, Contacting the Right Person in the Embassy, Skills List vs. Federal Funding - Interested Government Agency- Government Project vs. Government “Interest,” Proper Documentation - Hardship/Persecution Waivers-Preparing and Documenting the Waiver Application, the USCIS Adjudication Process
E-3 and H-1B1 Nonimmigrant Visas - Australians, Chileans and Singaporeans on the Move May 21, 2009
This panel will provide an overview of the E-3 and H-1B1 nonimmigrant visa categories for Australians, Chileans and Singaporeans coming to work in a specialty occupation. The panel will discuss DOL’s LCA regulations and USCIS/DOS guidance issued in the absence of DHS regulations.
- What It's All About - The U.S.-Chile and U.S.-Singapore Free Trade Agreements of 2003; The E-3 Category for Nationals of the Commonwealth of Australia - Numerical Restrictions and Periods of Admission - Procedures for Initial Applications and Extensions - LCA, Fees, Supporting Documentation and More - DOL Regulations - Rules on Required Wage and General Prohibition of Payment of Employer's Business Expenses By Employee - Dependents - Questions of Nationality, Work Authorization, etc.
Relief from Removal Under the Violence Against Women May 19, 2009
The panelists will discuss best practices for obtaining relief from removal under the Violence Against Women Act (VAWA), including motions to reopen under VAWA, coordinating an application with USCIS and the inclusion of dependents.
- Overview of the Options for Relief from Removal Under VAWA - When Adjustment Can be Filed Concurrently and Seeking Continuances When It Cannot - When Waivers Are Required, Even Under VAWA - How Children Are Covered Under VAWA - The U Visa - An Appropriate Alternative? - Ensuring the Safety of Your Client - Strategies for Success
E-2 in Lieu of H-1B - An Affordable Alternative May 14, 2009
This intermediate-level panel will examine the E-2 nonimmigrant treaty investor visa as a viable alternative to the H-1B visa.
- How Essential Is your "Essential" Employee? - Strategies for Documenting Executive, Supervisory or Essential Skills - What Types of Investments Are Eligible? - Investors as Employees - Meeting the Substantiality and Marginality Tests - Change of Status vs. Consular Processing; the Corporate Registration Process at U.S. Consulates - Other E-2 Issues, Including Substantive Changes in Employment, Discrimination and Termination Considerations
Security Clearances and Nonimmigrant Processing-Strategies for Resolving Issues at the Consulate and at the Border May 7, 2009
This panel will describe the various security clearances to which persons seeking to enter the United States are subjected. The panel will discuss strategies for preparing clients who may encounter security issues at the consular post or border, and will offer sound advice on communicating with the right people when seeking to resolve and/or expedite reentry.
- Types of Security Clearances [MANTIS, CONDOR, DONKEY, NCIC, etc.] - What Do They Mean and How Do They Differ? - The US-VISIT Program-Expanded Categories of Persons Impacted - Preparing Your Client for Seeking Reentry-Interview Preparation, Proper Documentation - Best Strategies for Communicating with a Post or Port-of-Entry About a Delayed Application - Locating the Contact Information for Consular Officers and Port Directors - Can Security Clearances be Expedited? - Security Advisory Opinions and Litigation Options if Resolution Is Unsuccessful
Transferring Pains-What Makes a Multinational Function Manager Under EB-1-3 May 5, 2009
This panel will provide an overview of the statutory and regulatory criteria for the EB-1-3 multinational manager category, and discuss best practices for the preparation of I-140 petitions for non-supervisory managers, with special attention to the recent increase in related RFEs from the USCIS service centers in function manager cases.
- The Standard Regulatory Definitions for Supervisory and Function Managers - Essential, Senior-Level and Discretionary Authority-A Look at RFEs, Memoranda and Case Law on the Elements of a Function Manager Role - The Big Picture-Nature and Size of the Company, Position in the Hierarchy, Budgetary Authority and Revenue Responsibility, Direct vs. Indirect Reports - Tips for Preparing the I-140 Supporting Statement and Responding to an RFE-Write for the Layperson and Be Specific!
Critical Issues-Precedent Asylum Decisions of 2008 April 30, 2009
The panelists will discuss the impact of recent precedent decisions issued by the BIA and the attorney general addressing gang-based asylum claims, as well as claims based on domestic violence, FGM and forced sterilization.
- Gang-Based Claims-Matter of S-E-G-, Matter of E-A-G- - Domestic Violence-Matter of R-A- - FGM- Matter of A-T- - Forced Sterilization- Matter of J-S- - Practical Advice on the Application of the Decisions by Immigration Judges, the BIA, and Circuit Courts - Suggestions for Litigating the Issues Raised
Market Watch Part II-Dealing with Reductions in Force and Corporate Restructuring in the PERM Context April 28, 2009
The panelists will discuss the impact of reductions in force (RIFs) and corporate restructuring on employers and their foreign national employees in the PERM context. The panel will focus on how to represent those who remain employed as well as the potential lifelines for those who are packing their desks. Market Watch Part I takes place on Tuesday, April 14, 2009 and will address the impact of reductions in force with regard to nonimmigrant employment and permanent residency sponsorship.
- What to Do with Those Pending PERM Applications? Is There an Obligation to Withdraw? - Dealing with Changes in Duties, Salary, Job Site- What Is a Similar Occupation? - Continuing to Sponsor Foreign Employees for Permanent Resident Status-Pros and Cons - On-Going Recruitment Strategies after a RIF - Determining the Pool of Applicants for the Position: How to Respond to ETA 9089 Question I-26
PERM to I-140 Adjudication—Strategies for Dealing with Degree Equivalency, Ability to Pay and More April 21, 2009
This panel will discuss the latest issues involving degree equivalency and ability to pay, including strategies for responding to RFEs and petition denials for these reasons. The speakers will also address labor certification drafting techniques as a means to avoiding these potential pitfalls.
- Review of Old and New Standards and Policy Relating to Degree Equivalency - Successfully Addressing Equivalency Issues in ETA 9089 Preparations and Overcoming Educational Requirements in Former ETA 750 - When Good Education Goes Bad-What Works for an H-1B May Not Work for an I-140 - Review of Ability to Pay Standards, When to Consider Ability to Pay and Alternative Strategies - Strategy Issues-Processing Delays When Your Priority Date May or May Not Be Current - Timing Issues-When I-140 Approval Is Needed for an H-1B AC21 Extension
Spring CLE Webcast: EOIR Panel, Leveling the Playing Field and the New Order of Doing Business
Spring CLE Webcast: ICE Panel, A New ICE Age?
Spring CLE Webcast: CBP Panel, Border and Admissions Challenges
Spring CLE Webcast: DOL Panel, The Evolution of PERM in a Time of Change
Spring CLE Webcast: DOS Panel, New Twists on Old Topics
Spring CLE Webcast: USCIS Panel, State of the Agency
Spring CLE Webcast: Keynote Speaker, Senator Arlen Specter
Market Watch Part I - Dealing with Reductions in Force in the NIV and IV Context April 14, 2009
The panelists will discuss the impact of reductions in force (RIFs) on employers and their foreign national employees with regard to nonimmigrant employment and permanent residency sponsorship. The panel will focus on how to represent those who remain employed as well as the potential lifelines for those who are packing their desks. Market Watch Part II will take place on Tuesday, April 28, 2009 and will address the impact of reductions in force and corporate restructuring in the PERM context.
* Nonimmigrant Issues - "To Dos" for the Employer-Dealing with Cuts in Pay/Hours, Plant Closures, Job Changes - Impact on RIF'd Employees-The 10-Day "Rule" Debunked - Options for Changing Status? (B-2, F-1)
* Immigrant Classification Issues: - Those Who Are Saved: AC-21 Portability - What Happens if the RIF Occurs Before the 180-Day Mark? - Partial Safety-Capturing a Priority Date - Can the Employer File an I-140 Based on the 180-Day Validity of an Approved Labor Certification for a RIF'd Employee to Keep the Possibility of Rehire Viable? - Employer's Considerations in Withdrawing Pending or Approved I-140 Petitions -Effect of I-140 Withdrawal and Ability of Beneficiary to Pursue I-485 Portability
Representing Clients with Controlled Substance Issues April 16, 2009
This panel will examine the myriad of issues that arise when representing a client who has been convicted of or who has committed a controlled substance offense or who otherwise struggles with addiction.
- Inadmissibility for a Controlled Substance Offense—Conviction vs. Admission; "Reason to Believe"; Federal, State, Foreign Laws - Removability for a Controlled Substance Conviction-Mandatory Detention? - The Single Offense Exception-Possession of 30 Grams or Less of Marijuana for Personal Use - Drug Conviction as an Aggravated Felony, Crime Involving Moral Turpitude, Particularly Serious Crime - Reducing or Eliminating the Immigration Consequences of a Conviction - The Effect of the Federal First Offender Act, Expungements, Vacatur, etc. - Substance Abuse Problems - Effect on Moral Character, Naturalization, etc.
All About the Children Part II-International Adoption April 2, 2009
This panel will discuss the latest developments in adoption under the Hague Convention on the Protection of Children and Cooperation in Respect to Intercountry Adoption. "All About the Children Part I" takes place on March 12, 2009 and covers options available for children immigrating to the U.S., including those who have been abandoned, neglected or abused.
- Introduction of the Hague Adoption Convention Including Purpose and Signatory Countries - How to Best Document Applications/Petitions to Meet Hague Processing and Adjudication Requirements - Adoption of Children From Non-Hague Convention Countries, Including a Refresher on Orphan Petitions - Difficult Issues in Intra-Familial Adoptions
USCIS/SCOPS/AAO-Updates, Tips and Strategies from AILA Liaison April 7, 2009
This panel of USCIS and SCOPS liaisons will lead a discussion on the latest policy updates from USCIS, decisions from the AAO and current/upcoming changes in processing and procedures. Our liaisons will also discuss the procedures for requesting liaison assistance and tips for effectively resolving problem cases.
- SCOPS Update-Changes in Processing and Procedures - USCIS Update-New Policy Directives - Technological Changes at USCIS in the Pipeline - The Latest from the AAO - Tips for Requesting Liaison Assistance - Strategies for Effective Case Resolution
U.S. Citizenship: How to Determine if Your Client is a U.S. Citizen and What to Do About It March 31, 2009
This panel will address how to determine whether your client is a U.S. citizen by operation of law, either through birth abroad to U.S. citizen parents, naturalization of a parent in the U.S. and other situations where naturalization is required. The panel will also address how your client may obtain proof of their U.S. citizenship.
-The Definition of "Child" for Citizenship Purposes as it Differs From the Definition of "Child" for Other Immigration Purposes -Naturalization of Children Based on One or More Parent’s Naturalization, How the Law Changed on February 27, 2001 with the Child Citizenship Act of 2000, and When a Child May Naturalize Even When the Parent Doesn't Meet the Requirements (INA 322) -Citizenship Upon Birth to U.S. Citizen(s) Abroad and to Children Born in Certain U.S. Territories, Including How to Navigate the Complicated Residency Requirements and Obscure Old Citizenship Laws May Benefit Your Client
AILA National Citizenship Day Volunteer Training Webinar March 27, 2009 training for AILA attorney volunteers participating in Citizenship Day throughout the country on April 18/19, 2009
ABCs of Immigration Law For Newer Practitioners: Naturalization March 26, 2009
-N-400 -Preparing For the Naturalization Interview and Examination -Offenses That Trigger Bars to Naturalization and Possible Deportation -N-600 -Derivative Citizenship and Acquired Citizenship -Dual Nationality Issues -Q&A Session
Immigration Consequences of Criminal Acts March 24, 2009
This panel will provide an overview of the steps practitioners should take when a client has been arrested for a criminal act. The panel will review the definition of conviction, the criminal grounds of inadmissibility and deportability and will provide practice tips for challenging removal. Tips for working with criminal defense counsel to craft a plea will also be covered.
-My Client Has Been Arrested-Where Do I Start? -Definition of "Conviction" Under the INA -Criminal Conviction vs. Criminal Act-What Is the Difference and Why Does it Matter? -Aggravated Felonies in the Post-Lopez Landscape -Detention-When Is it Mandatory and When Is Bond an Option? -Overview of Defenses to Removal -Crafting a Plea to Avoid Adverse Immigration Consequences
All About the Children Part I: Immigrant and Nonimmigrant Options for Children March 12, 2009
This panel will discuss the options available for children immigrating to the U.S., including those who have been abandoned, neglected or abused. "All About the Children Part II" will take place in April and will cover the latest developments in adoption under the Hague Convention.
- Overview of Special Immigrant Juvenile Status - Legitimizing Children Born Out of Wedlock - Immigrating Step-Children Despite Divorce of the Parents - Applicability of VAWA and Deferred Action for Children - Waiver of the Immigrant Visa Requirement-Applicability of INA 211 - Nonimmigrant Visas for Children-F-1s, B-2s and Other Options?
NBC Liaison: Trends and Strategies for Getting Results at the National Benefits Center March 11, 2009
This panel of NBC Liaisons will lead a discussion on the latest in processing and adjudication trends at the National Benefits Center. Our liaisons will also discuss the procedures for requesting liaison assistance and tips for effectively resolving those problem cases.
- How to Avoid or Handle an RFE Concerning the I-864 Affidavit of Support - How to Avoid or Handle an EAD Denial for Applicants in Removal Proceedings - NBC's Role in the Adjudication and Processing of I-90s - Direct Mail Filing of Naturalization Applications-Current Status/Procedures
ABCs of Immigration Law For Newer Practitioners: Employment-Based NIVs March 3, 2009
General Overview of: -H-1B Visa -L & E Visas -O & P Visas -F-1, M-1, J Visas -R Visa -B Visa -Q&A Session
Late-Breaking: New H-2A Final Rules February 25, 2009
This panel will discuss the recently promulgated final rules which, effective January 17, 2009, will usher in significant changes to the H-2A temporary and seasonal agricultural worker program.
- Program Overview, Timing - The Transition Period: Dates of Need Before July 1, 2009 - Pre-filing Recruitment, the Job Order, and Recruitment Reports - Prevailing Wage and the New AEWR - The New "30-Day" Rule - Employer Assurances and Compliance: What Workers Fall Under the H-2A Rules? Document Retention, the Role of Wage and Hour
L-1 Strategies-Responding to RFEs and the Impact of AAO Decision on L-1Bs February 24, 2009
ICE Raids Update-Representing Employers and Employees February 19, 2009
Bi-Specialization: NSC & TSC Liaison February 12, 2009
DOL Liaison: Trends and Strategies for Success in Labor Certification Processing February 11, 2009
ABCs of Immigration Law For Newer Practitioners: Employment-Based IVs February 10, 2009
H-2Bs: New Developments and How to Deal With Them February 5, 2009
Keeping Families Together: Update on CSPA February 3, 2009
Late-Breaking Seminar: The Right to Counsel-The AG's Decision in Matter of Compean January 28, 2009
ABCs of Immigration Law For Newer Practitioners: Family-Based Immigration January 27, 2009
E-Verify & I-9 Compliance: Talking Points for Your Clients January 22, 2009
Maintenance of Status Issues January 15, 2009
Bi-Specialization: CSC & VSC Liaison January 13, 2009
Experience Gained on the Job in the PERM Context The Mystery of Substantially Comparable Positions January 8, 2009
ABCs of Immigration Law For Newer Practitioners: General Overview January 6, 2009
Late-Breaking: Religious Workers Final Rule December 19, 2008
Marketing for Business Development December 18, 2008
PART II: The Waiver Alphabet Soup December 16, 2008
Equivalency Issues for Advanced Practitioners December 11, 2008
Delays? Just Sue Them!—Advanced Mandamus December 9, 2008
USCIS Local Office Update and Tips December 4, 2008
The Next Generation: New “Internship” Regulations December 2, 2008
PART I: The Waiver Alphabet Soup: Who Can Waive What? Including the Material Support Bar to Terrorism As It Is Affecting Applicants for Adjustment of November 20, 2008
DHS Violated the Law and My Client Is in Trouble—Can I Sue Someone and Who? Advanced Issues in Federal Court Litigation November 18, 2008
Advanced Issues of Removal of Conditions in a Marriage Case November 13, 2008
PERM Audits and the Attorney’s Role in the Recruitment Process November 12, 2008
When Does it Count Not to Be Counted-Exempt H-1B Strategies November 6, 2008
Humanitarian Reinstatement: How to Resurrect a Dead I-130 October 30, 2008
Employment Authorization Documents: Strategies for Using the Law to Its Fullest October 23, 2008
Looking into the Future: Visa Availability and Retrogression October 21, 2008
USCIS Giveth, Taketh and then Clarified: Review of AC21 Memos October 16, 2008
Putting the Voluntary Back in Voluntary Departure: What Dada v. Mukasey Means for your Clients and More on Voluntary Departure October 14, 2008
ICE - DRO, Office of Investigations, SEVIS, Fugitive Ops & Current Activity October 7, 2008
F-1 Student Employment: It’s a Whole New Class October 2, 2008
Unusual Ways: Alternative Use of the B Visa September 23, 2008
My Client Is in Removal Proceedings-Now What? September 18, 2008
Paralegal's Role in the Labor Certification (ETA)/I-140 Process September 16, 2008
Preparing for Bond Hearings September 9, 2008
Freedom of Information Act Update September 4, 2008
An In Depth Look at Trainee Visas (H-3 & J-1) August 28, 2008
NIV Processing at the Consulate 101 August 21, 2008
Me, Myself & My Green Card: Self Sponsorship August 19, 2008
Current Criminal Issues in Immigration Law August 14, 2008
K-1 and K-3: Utilizing Their Full Potential August 12, 2008
The Latest Strategies in EB-1, EB-2 & NIW Practice August 5, 2008
When is a Marriage Considered a Sham Marriage? July 29, 2008
Revocation of NIV & IV Petitions/Visas July 24, 2008
3-year, 10-year and the Permanent Bar for Unlawful Presence July 22, 2008
Didn't Win the H-1B Lottery? Alternative Visa Solutions July 15, 2008
Advanced Topics in Citizenship and Naturalization July 8, 2008
E Visas for Small Businesses June 12, 2008
ABCs of Business Immigration Law (Immigrant) For Newer Practitioners June 10, 2008
Leveling the Playing Field: Interpretations and Strategies Based on the New Immigration Court Practice Manual June 5, 2008
Employment Law for the Immigration Practitioner June 3, 2008
Impact of Mergers and Acquisitions May 29, 2008
Tax Issues for Foreign Nationals May 20, 2008
ABCs of Business Immigration Law (Nonimmigrant) For Newer Practitioners May 15, 2008
Myths & Mysteries of the Special Handling Labor Certification May 13, 2008
Advanced Ability to Pay May 8, 2008
Late Breaking Audio Seminar: Counseling May 7, 2008
Best Practices in Asylum Law Today May 6, 2008
Late Breaking Audio Seminar: DHS Issues April 30, 2008
SVP/ Job Zones and Business Necessity April 29, 2008
What To Do When Your Employment-Based Case Ends Up in Court April 22, 2008
Immigration Options for Nurses April 15, 2008
Corporate Law for the Immigration Practitioner April 10, 2008
Citizenship Day Webinar April 9, 2008
HIV Waivers and the Proposed Streamlining Rule April 8, 2008
ABCs of Naturalization Law For Newer Practitioners April 4, 2008
ABC's of Family Immigration Law For Newer Practitioners March 25, 2008
The Immigration Detention of Children March 18, 2008
TPS: What Kind of Status Is It? March 11, 2008
Diversity Visa Lottery: How to Ensure Your Client Can Turn a Lottery Win Into Permanent Residence March 06, 2008
Substitution of Sponsorship & Where It Survives March 04, 2008
ABCs of Immigration Law: Sources of Law: Research Tips & Practice Strategies in Immigration Law-New Practitioners February 28, 2008
Litigation for Business Immigration Lawyers February 26, 2008
Update on No-Match Letters: What We Have Learned? February 21, 2008
It’s YOUR Business: Managing Success in a Changing World February 12, 2008
Visa Options for Victims of Crimes and Violence (U/T/VAWA) February 07, 2008
Options to Bridge the Gap in Status in H-1B Cap Cases February 5, 2008
Late Breaking Updates from the U.S Consulate in Juarez January 31, 2008
Motions to Suppress January 29, 2008
Update on Religious Workers January 24, 2008
ABC's of Immigration Law For Newer Practitioners: General Overview January 17, 2008
Protections Against the Latest ICE Raids January 15, 2008
Issues Facing Foreign Medical Graduates January 10, 2008
New Immigration Regulations for Adopted Children January 8, 2008
Removal Defenses for New Practitioners December 18, 2007
Latest Developments in CBP Practice December 13, 2007
Motions to Reopen December 11, 2007
Practice Strategies when Dealing with the National Visa Center November 29, 2007
Late Breaking Audio Conference: I-9 November 16, 2007
Effective PERM Compliance Practices November 15, 2007
Current Issues in Nonimmigrant Visa Processing: A Roundtable with Nonimmigrant Visa Chiefs November 13, 2007
Understanding Equivalency Issues In Business Immigration Filings For Newer Practitioners November 6, 2007
Bi-Specialization Phase 3 - How Does it Affect You? November 1, 2007
New Developments in EB-5s October 25, 2007
Criminal Waivers in Immigration Law October 23, 2007
Effective LCA Compliance Practices October 16, 2007
Strategies to Solve Processing and Adjudication Delays October 11, 2007
Key Issues in Maintenance of Status October 2, 2007
Barred No More: Representing the Unlawfully Present September 25, 2007
Child Status Protection Act: A Great Gift - But Only If You Can Open It! September 20, 2007
Keeping It in the Family: Strategic Use of the L-1 September 18, 2007
What You Need to Know to Start Your Career in Immigration Law for Newer Practitioners September 11, 2007
Advanced Issues in Adjustment of Status vs. Consular Processing September 6, 2007
Strategies for Pursuing Green Cards in an Age Without H-1Bs August 28, 2007
Introduction to Mandamus for Newer Practioners August 23, 2007
Late-Breaking Audio Seminar: Social Security No-Match Regulation August 22, 2007
Representing Small and Start-Up Business August 21, 2007
How to Represent Clients After a Final Order August 14, 2007
The Paralegal's Role in the Preparation of Nonimmigrant Business Visas August 7, 2007
H-2B: The Other H Cap July 31, 2007
The Elusive U.S. Passport July 26, 2007
PERM Strategies and Open Q&A for Newer Practitioners July 24, 2007
How to Represent a Client in Removal Proceedings July 17, 2007
Backlog Elimination Center (BEC) Practice: Notice of Findings (NOFs) & Other Challenges July 10, 2007
Late Breaking Audio Seminar: Practical Guidance and Information on July Visa Availability July 10, 2007
Common but Complex: Conditional Residence Removal June 28, 2007
Late Breaking Audio Seminar: Practicing Under DOL's New 'Substitutions Plus' Rule June 27, 2007
ABCs of Naturalization Law for Newer Practitioners June 5, 2007
American Inspects: Don't Leave Home Without What? A Study in CBP Processes May 22, 2007
ABCs of Family Immigration Law for Newer Practitioners May 15, 2007
ABCs of Business Immigration Law (immigrant) for Newer Practitioners May 08, 2007
New Trends in Asylum May 1, 2007
ABCs of Immigration Law (Nonimmigrant) for Newer Practitioners April 24, 2007
Update from the Courts April 17, 2007
M&A Heaven and Hell: Immigration Consequences of Mergers and Acquisitions April 12, 2007
ABCs of Immigration Law for Newer Practitioners April 3, 2007
Unlawful Presence for the Business Practitioner March 27, 2007
Employment Law for Immigration Lawyers March 20, 2007
How to Make Exceptional Clients Think You're Extraordinary: Avioding Quota Pitfalls through Select E March 13, 2007
Family-Based Immigrant Visas for Newer Practitioners March 8, 2007
The ETA-9089: Evolving Strategies March 6, 2007
Late-Term H-1Bs" and How to Deal With Them February 27, 2007
Employment-Based Immigrant Visas for Newer Practitioners: A Broad Overview (Web Seminar) February 22, 2007
Advanced Topics in Citizenship and Naturalization (Web Seminar) February 13, 2007
Criminal Grounds of Inadmissibility for the Business Practitioner February 6, 2007
Ethics Seminar: Help Me Help Myself: Why Managing your Practice Well is the January 11, 2007
Nuts and Bolts of Preparing a PERM Application for Newer Practitioners January 16, 2007
Late Breaking News: RIR Conversions -What you Need to Know January 10, 2007
But What About My Family? How to Reognize and Resolve Tricky Family Issues January 23, 2007
The New World of Enforcement and Employer Sanctions January 25, 2007
Bs to the Rescue: Unusual B-1s and B-2s and How to Get Them January 30, 2007
Late Breaking News: ICE Raids-What You Need to Know to Represent an Employer January 4, 2007
Late Breaking News: ICE Raids-What You Need to Know to Represent an Employee January 4, 2007
Service Centers and Notices to Appear: How the USCIS NTA Issuance Memo Affects Your Practice January 9, 2007.
Don't Let Go!: Preventing Abandonment of Lawful Permanent Residence December 18, 2006
The New Affidavit of Support: What You Need to Know December 14, 2006
What the H-E-Double-Hockey-Sticks Happened to My Traditional Labor Certification Application? December 12, 2006
Preparing Form I-129 Petition for a Nonimmigrant Worker for Newer Practitioners December 7, 2006
Election Results, Legislative Update and Hot Topics December 5, 2006
Cutting-Edge Issues in E Visas November 30, 2006
Managing Client Expectations and Dealing with Client Disappointment for Newer Practitioners November 16, 2006
I Want to Vote NOW!: Litigating Naturalization Delays in Federal Court November 14, 2006
Social Security Administration No-Match Letters, Then and Now November 9, 2006
Till Death Do Us Part: Representing the Married and Soon-To-Be Married November 7, 2006 web conference.
The Unwritten Rules of J-1 Training: An Insider’s Guide to Successful Programs November 1, 2006.
An Introduction to Inadmissibility and Removability for Newer Practitioners October 26, 2006
Winning Fraud Waivers in IR Cases October 24, 2006.
Wild, Wacky, and Wonderful: The Unique Position of Canadians in the U.S. Immigration System Tuesday, October 17, 2006
Bi-Specialization Six Months Later October 12, 2006.
Surviving the H-1B Cap October 3, 2006.
Petitions For Reveiw September 26, 2006.
Advanced Family Practice September 19, 2006.
Consular Processing Your Family-Based Immigrant Visa September 12, 2006.
ABCs of Family Immigration and Naturalization Law for Newer Practitioners September 7, 2006.
Anticipating Admissions Issues August 29, 2006
The ABCs of Business Immigration Law (Immigrant) For Newer Practioners August 22, 2006
BALCA, PERM and What It All Means August 17, 2006
Latest Trends in Asylum Applications and the Impact of August 14, 2006
DOL Update-The State of PERM August 8, 2006
Will Your Filing Trigger an NTA or Arrest? July 25, 2006
Representing Victims Of Trauma July 20, 2006
School Days: F, M, and J Visas July 18, 2006
Workforce Enforcement Inspections: The ICEman Cometh July 11, 2006
ABC's of Business Immigration Law (Nonimmigrant) For Newer Practitioners July 13, 2006
I-9 Compliance June 13, 2006
ABCs of Immigration Law for Newer Practitioners June 8, 2006
Options for Clients June 6, 2006
AILA's Occupation Series: Athletes and Entertainers May 25, 2006
An Inside Look a PERM's May 23, 2006
Children's Center Pro Bono Call May 18, 2006
Navigating Through the Nebraska Service Center May 15, 2006
AILA's Occupation Series: Nurses and Health Care Workers May 11, 2006
Update on VAWU & U Updates May 9, 2006
AILA's Occupation Series: Hosp. Workers May 4, 2006
Stategies for Filing an H-1B Visa May 2, 2006
Stategies for Filing an I-140 April 25/ 2006
Bi-Specialized Adjudication: Are You Ready? April 24, 2006
Stay Here & Stay Out of Trouble April 18, 2006
Navigating Through the Texas Service Center April 11, 2006
Who Speaks For The Child April 13, 2006
Consular Processing Interviews April 4, 2006
PERM: Open Q&A with The Experts March 30, 2006
Navigating Through the California Service Center for Newer Practitioners March 28, 2006
Navigating Through the Vermont Service Center for Newer Practitioners March 21, 2006
Ethics and the Litigator March 15, 2006
Labor Certification Substitutions in PERM, BECs and USCIS March 15, 2006
PERM: Nuts and Bolts of Form 9089 Febraury 28, 2006
Waivers for Immigrant Visas March 14, 2006
Navigating Through the National Benefits Center for Newer Practitioners February 14, 2006
Current Challenges in Nonimmigrant Visa Process February 7, 2006
Examining E-1 and E-2 Visas January 31, 2006
If you are looking to order a audio seminar tape or CD pre 1/31/06 please visit Audio Seminar Cassettes
