ALI-ABA Course of Study Immigration Law: Basics and More. Sponsored with the cooperation of the American Immigration Lawyers Association (AILA)

Transcription

1 ALI-ABA Course of Study Immigration Law: Basics and More Sponsored with the cooperation of the American Immigration Lawyers Association (AILA) PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIAL April 26-27, 2007 Washington, D.C. TABLE OF CONTENTS 1. Agencies in Transition - Authority and Jurisdiction By Margaret A. Catillaz 2. Immigration Law Resources By Deborah J. Notkin and Dan Lundy Page ix 3. Employment Authorization Regulations and I-9 Compliance 21 By Martha J. Schoonover and Jennifer M. Fenton Study Outline 23 Appendix A: Categories of Aliens Authorized to Work in the U.S. or Eligible to Apply for Authorization 52 Appendix B: Form I-9, Employment Eligibility Verification 61 Appendix C: USCIS Guidelines for Correcting Form I-9 Errors Nonimmigrant Visa Options for Trainees, Students, and Visitors By Karen B. Koenig 5. The B-1 VISA: When Foreign Nationals are Eligible and When They Are Not By Karen B. Koenig 6. F-1 Practical Training Options By Karen B. Koenig 7. J-1 "Trainee" Synopsis By Karen B. Koenig 8. Nonimmigrant VISAS for Employment: H-1B Specialty Occupation 107 Workers By Denise C. Hammond Table of Contents 108 Study Outline 109 Presentation Slides 121 xi xiii vii

2 9. E and L VISAS By Andrew B. Greenfield L-1 Intracompany Transferees 143 By Denise C. Hammond Table of Contents 144 Study Outline 145 Presentation Slides TN NAFTA Professionals 173 By Denise C. Hammond Table of Contents 174 Study Outline 175 Presentation Slides Avoiding Labor Certification: Priority Workers, National Interest 193 Waivers, and Immigrant Investor Green Cards By Karen B. Koenig; Updated by Stephen Yale-Loehr Study Outline 195 Presentation Slides A Walk through the PERM Process: How to Prepare and File a PERM Case By Eleanor Pelta 14. Nuts and Bolts of Family-Based Immigration By Laura L. Lichter 15. Adjustment of Status, Admissibility and Waivers of Inadmissibility By Laura L. Lichter 16. Practicing Before the Immigration Court: Crimes and Other Grounds of Removal By Mary E. Kramer 17. Introduction to Practice Before the Executive Office of Immigration Review By Laura L. Lichter 18. Bond Issues By Laura L. Lichter U.S. Citizenship through Naturalization 351 By Laura L. Lichter Study Material 353 Immigration and Nationality Act section 101(f) 362 Immigration and Nationality Act section 212(a)(2) 363 viii

3 ALI-ABA Course of Study Immigration Law: Basics and More April 26-27, 2007 Washington, D.C. Sponsored with the cooperation of the American Immigration Lawyers Association (AILA) PROGRAM Thursday, April 26, :45 a.m. Registration and Continental Breakfast VIDEO WEBCAST SEGMENT A: 8:45 a.m. Introductory Remarks and Course Overview Ms. Lichter 9:00 a.m. How It All Works (or Doesn t!): An overview of the immigration system and the role of the agencies involved, including basic concepts and suggested practice resources Ms. Tekach 9:40 a.m. Protecting the Employer: I-9 requirements, employer sanctions, verification, discrimination, and other compliance issues Mr. Brown 10:20 a.m. Networking Break 10:35 a.m. Nonimmigrant Visas for Trainees, Students, and Visitors (B, F, J, M, and H-3 visas) Ms. Koenig 11:15 a.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers 12:00 noon Lunch Break VIDEO WEBCAST SEGMENT B: 1:30 p.m. Nonimmigrant Visas for Employment Mss. Hammond and Segal Specialty workers (H-1B) and intercompany transferees (L-1) NAFTA professionals (TN) and treaty traders and investors (E-1 and E-2) 2:35 p.m. Obtaining Permanent Residence through Labor Certification: Processing under PERM Ms. Schoonover 3:20 p.m. Networking Break 3:35 p.m. Avoiding Labor Certification (priority workers and national interest waivers) Mr. Yale-Loehr 4:15 p.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers 5:15 p.m. Adjournment for the Day Friday, April 27, :30 a.m. Continental Breakfast VIDEO WEBCAST SEGMENT C: 9:00 a.m. Family-Based Immigration: Relative petitions, marriage-based cases, and children s issues Ms. Lichter 9:40 a.m. Completing the Permanent Residence Process: Adjustment of status, consular processing, and admissibility Ms. Sabagh ix

4 10:20 a.m. Networking Break 10:35 a.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers 11:30 a.m. What Congress and the Agencies Are Doing with Immigration This Year: How politics, policy, legislation, and implementation will affect the practitioner Messrs. Buffenstein and Fitz 12:00 noon Lunch Break VIDEO WEBCAST SEGMENT D: 1:30 p.m. Practicing before the Immigration Court: Crimes and other grounds of removal, custody, and applications for relief Mss. Baldini-Potermin and Ullman 3:00 p.m. Networking Break 3:15 p.m. Naturalization to U.S. Citizenship: Good moral character, residency, derivative naturalization, and automatic citizenship Ms. Glinsmann 3:45 p.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers 4:30 p.m. Adjournment Note: The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions. Total 60-minute hours of instruction: 12 x

5 ALI-ABA Course of Study Immigration Law: Basics and More Sponsored with the cooperation of the American Immigration Lawyers Association (AILA) April 26-27, 2007 Washington, D.C. PLANNING CHAIRS Daryl R. Buffenstein, Esquire 24th Floor 600 Peachtree Street, NE Atlanta, GA Karen B. Koenig, Esquire 24th Floor 600 Peachtree Street, NE Atlanta, GA Laura L. Lichter, Esquire Lichter & Associates, P.C. Suite Williams Street Denver, CO FACULTY Maria T. Baldini-Potermin, Esquire Scott D. Pollock & Associates, P.C. Suite West Madison Street Chicago, IL Daniel S. Brown, Esquire th Street, NW Washington, DC Marshall D. Fitz, Esquire Director of Advocacy American Immigration Lawyers Association Suite F Street, N.W. Washington, DC Maria F. Glinsmann, Esquire Glinsmann & Glinsmann, Chartered 12 Russell Avenue Gaithersburg, MD Denise C. Hammond, Esquire Tobin, O'Connor, Ewing & Richard Chevy Chase Pavilion Suite Wisconsin Avenue, NW Washington, DC Denyse Sabagh, Esquire Duane Morris LLP Suite K Street, NW Washington, DC Martha J. Schoonover, Esquire Greenberg Traurig LLP 12th Floor 1750 Tysons Boulevard McLean, VA Heather N. Segal, Esquire Guberman, Garson, Bush Suite Adelaide St. West Toronto, Ontario, Canada M5H 3 xi

6 Cora D. Tekach, Esquire Maggio & Kattar, P.C. Suite Dupont Circle, NW Washington, DC Rachel S. Ullman, Esquire Suite Georgia Avenue Silver Spring, MD Stephen W. Yale-Loehr, Esquire Of Counsel Miller Mayer, LLP 7th Floor 202 East State Street Ithaca, NY xii

7 Planning Chairs FACULTY BIOGRAPHIES Daryl R. Buffenstein, Atlanta, Georgia B.A., University of Cape Town; LL.B., University of Rhodesia; LL.M., University of Exeter Memberships: American Immigration Lawyers Association (General Counsel; President, ); State Bar of Georgia (Chair, International Section, ) Laura L. Lichter, Denver, Colorado Lichter & Associates, P.C. B.A., Swarthmore College; J.D., University of Colorado Memberships: American Bar Association; Colorado Bar Association; American Immigration Lawyers Association (Member, Board of Governors; Chair, Liaison Committee to Executive Office of Immigration Review; President, Colorado Chapter, ) Karen B. Koenig, Atlanta, Georgia B.A., J.D., Washington University Government and Public Service: Former Congressional Fellow (Aide to Sen. John D. Rockefeller IV) Memberships: American Bar Association (Past Co-Chair, Immigration Committee, Section of Labor and Employment Law); State Bar of Georgia; American Immigration Lawyers Association (Former member of DOL Liaison Committee, Former member, Young Lawyers Division Steering Committee) Faculty Maria Baldini-Potermin, Chicago, Illinois Scott D. Pollock & Associates, P.C. B.A., University of Dayton; J.D., University of Minnesota law School Memberships: American Immigration Lawyers Association (Fundamentals of Immigration Law Practice Conference Chair, Amicus Committee, National Annual Conference Program Committees, National Executive Office for Immigration Review Liaison Committee, National Asylum Conference Chair, Greater Chicago Chapter District Counsel Liaison Committee Chair, Executive Office for Immigration Review Liaison Committee Chair, Litigation Committee, Detention Liaison Committee); National Immigration Project; Detention Watch Network (Conference Chair 2005), Federal Bar Association; Chicago Bar Association (past Chair, Immigration and Nationality Law Committee); Publications: DEFENDING NON-CITIZENS IN ILLINOIS COURTS; DEFENDING NON-CITIZENS IN MINNESOTA COURTS; contributing author, A JUDGE S BENCHBOOK TO IMMIGRATION LAW IN CRIMINAL PROCEEDINGS (ABA 2004) xiii

8 Dan S. Brown, Washington, D.C. B.A., University of Chicago; M.Acc., DePaul University; J.D., University of Southern California Marshall D. Fitz, Washington, D.C. Director of Advocacy, American Immigration Lawyers Association J.D., University of Virginia Government and Public Service: Law Clerk to Hon. Bruce M. Selya (4 th Circuit, U.S. Court of Appeals, ) Maria F. Glinsmann, Washington, D.C. Glinsmann & Glinsmann, Chartered B.S., University of Maryland; J.D., Georgetown University Memberships: American Immigration Lawyers Association; Bar Association of Montgomery County Denise C. Hammond, Washington, D.C. Tobin, O Connor, Ewing & Richard Member, American Immigration Lawyers Association (AILA Representative, Annual Conference of the Office of the Chief Administrative Hearing Officer of the Immigration and Naturalization Service, 1996; Chair AILA-SSA Liaison Committee, ) Delegate, White House Conference on Small Business (1986) Denyse Sabagh, Washington, D.C. Duane Morris LLP B.A., University of Maryland; J.D., George Mason University Government and Public Service: Haiti Human Rights Team (1993); Adviser, Presidential Transition Team, Immigration (1992) Memberships: American Bar Association (Coordinating Committee on Immigration; District of Columbia Bar; Virginia State Bar; Arlington County Bar Association; Fairfax County Bar Association (Chair, Continuing Legal Education committee, ); American Immigration Lawyers Association (President, 1996; Board of Governors, 1988-; General Counsel, ) Author, A PRACTITIONER'S GUIDE TO INA '212(C) (Federal Publications, Inc., Immigration Briefings, 1993) Martha J. Schoonover, McLean, Virginia Greenberg Traurig LLP B.A., University of Richmond; J.D., University of Virginia Memberships: American Bar Association (Chair, Immigration Law Committee, General Practice Section, ) District of Columbia Bar; Bar Association of the District of Columbia; American Immigration Lawyers Association xiv

9 Heather N. Segal, Toronto, Ontario, Canada Guberman, Garson, Bush B.A., University of Toronto; LL.B., Queen's University; LL.M., University of California at Berkeley, Boalt Hall School of Law Memberships: American Immigration Lawyers Association (Executive Committee, AILA Canada Chapter; Bureau of Customs and Border Patrol Liaison Committee; AILA Canada Liaison for the U.S. Consulate in Toronto; Chapter Chair, AILA, Canada Chapter, ; ; AILA National Office Border Issues Committee, ; AILA Border Watch Task Force, ); American Bar Ontario Bar Association (Immigration Section) Publications: Online Update: Directory for Ports of Entry Along U.S. Canada Border, in IMMIGRATION PRACTICE AND PROCEDURE UNDER NAFTA, FIRST EDITION (2002); "Environmental Refugees," chapter in THE INTERNATIONAL ASPECTS OF NATURAL AND INDUSTRIAL CATASTROPHES, David D. Caron and Charles H. Leben, eds. (The Hague Academy of International Law: Martinus Nijhoff, September 2000) Cora D. Tekach, Washington, D.C. Maggio & Kattar, P.C. Adjunct Instructor, Catholic University Columbus School of Law Clinic Memberships: American Immigration Lawyers Association (former Associate Director, Information and Liaison; past President, AILA District of Columbia Chapter) Rachel S. Ullman, Silver Spring, Maryland A.B., University of California at Berkeley; J.D., University of California, Hastings College of the Law Memberships: District of Columbia Bar; State Bar of California; American Immigration Lawyers Association Stephen W. Yale-Loehr, Ithaca, New York Of Counsel, Miller Mayer, LLP Adjunct Professor, Cornell Law School B.A., J.D., Cornell University Memberships: American Bar Association (Coordinating Committee on Immigration Law, ); New York Bar; District of Columbia Bar; American Immigration Lawyers Association (Chair, Business Immigration Committee; member, Investors Committee) Publications: IMMIGRATION LAW AND PROCEDURE; J VISA GUIDEBOOK; UNDERSTANDING THE IMMIGRATION ACT OF 1990 (Federal Publications Inc. 1991); UNDERSTANDING THE 1986 IMMIGRATION LAW xv

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