Immigration Law: Basics and More
Scope and Purpose
This course will teach you:
• How to review employment eligibility, properly complete and maintain I-9 records, and respond to ICE compliance audits
• How to evaluate liability for unlawful employment and unfair hiring practices
• How to identify appropriate visas for visitors, students, and trainees
• How to obtain temporary work visas and permanent residence for professionals and other workers
• How to determine immigration options on the basis of family relationships, including the impact of marriage and divorce
• How to identify removal liability and defend against deportation
• How to acquire U.S. citizenship
This annual course of study, comprising 12 full hours of instruction, examines the nuts and bolts of immigration law practice, making sense of the "big picture" while also exploring recent developments and novel issues. This unique course builds on clear, concise lectures by experts in the field, with "hands-on" review of the concepts, addressed through interactive review of topical hypotheticals in an innovative roundtable format with the panelists.
The course is intended for in-house lawyers, practitioners in other areas of law, human resources professionals, and others seeking to become conversant with the field. It is designed both to provide basic knowledge to the uninitiated and to expand the knowledge of those with some experience in the area. After an introduction of the framework for the practice, including general concepts and a review of the agencies and processes governed by the immigration laws, seasoned practitioners provide guidance on obtaining appropriate visas for visitors, students, trainees, and professionals, as well as solutions for obtaining permanent residence for eligible workers. This discussion also addresses the problems of employers and non-immigrant workers face in trying to qualify for oversubscribed visa programs such as those for H-1B professionals and H-2B peak or seasonal workers.
Immigration as it relates to family-based cases also is reviewed, including the immigration implications of marriage and divorce and children's issues. The course looks at the intersection of immigration and criminal law - defending immigrants in deportation proceedings and obtaining relief from removal. The faculty also covers the requirements, risks, and procedures involved in seeking U.S. citizenship.
Each aspect of the course includes attention to ethical considerations. Ample time has been provided for review of topical hypotheticals, as well as question-and-answer periods to further explain and reinforce the information provided.
Why Attend?
For several years, immigration issues have been screaming for attention on front pages and evening newscasts - Congressional action (or inaction), immigration "raids" on workplaces, border fences, "amnesty," state and local enforcement, driver's licenses and public education for undocumented aliens, and the like.
The essence of immigration law practice, however, lies behind the headlines, and is far more likely to involve working with an official from the Labor, Homeland Security, or State Department than confronting a border patrol officer.
Understanding the complexities of the current system, including its shortcomings and the range of possibilities presented by potential solutions, is vital if one is to advise and respond to both employers' and immigrant' interests.
In addition, immigration law and policy continue to penetrate other areas of the law. Practitioners in employment law, business law, family law, criminal law, and many other areas must have a basic understanding of immigration law issues. In an increasingly global personnel market, U.S. companies will continue to utilize the skills of foreign nationals, and hiring and firing decisions increasingly have immigration implications. Mergers and acquisitions can disrupt the work status of foreign national employees. Marriage, divorce, and other changes in personal status also can have significant immigration consequences.
In short, understanding immigration basics is an important first step in the development of sound business and human resources strategy.
Planning Chairs
Laura L. Lichter, Lichter & Associates, P.C., Denver; Director, Board of Governors, American Immigration Lawyers Association
Daryl R. Buffenstein, Paul, Hastings, Janofsky & Walker, LLP, Atlanta; Past President and former General Counsel, American Immigration Lawyers Association
Karen K. Winarsky, Paul, Hastings, Janofsky & Walker, LLP, Atlanta
Faculty
Maria Baldini-Potermin, Gostynska Frakt, Ltd., Chicago
Andres Benach, Maggio & Kattar, P.C., Washington, D.C.
Dan S. Brown, Paul, Hastings, Janofsky & Walker, LLP, Washington, D.C.
Margaret A. Catillaz, Harter Secrest & Emery LLP, Rochester, New York
Liane H. Cooney, Berry, Appleman & Leiden LLP, McLean, Virginia
Maria F. Glinsmann, Glinsmann & Glinsmann, Chartered, Gaithersburg, Maryland; Chapter Chair, Washington, D.C. Chapter, American Immigration Lawyers Association
Denise C. Hammond, Hammond Claxton, P.C., Rockville, Maryland
David Wolfe Leopold, David Wolfe Leopold & Associates, Cleveland; 2nd Vice President, American Immigration Lawyers, Association
Eleanor Pelta, Morgan, Lewis, & Bockius, LLP, Washington, D.C.
Denyse Sabagh, Duane Morris LLP, Washington, D.C.; Past President and former General Counsel, American Immigration Lawyers Association
Martha J. Schoonover, Greenberg Traurig, LLP, McLean, Virginia
ALI-ABA Staff Attorney: William S. Stevens, Assistant Director, Office of Courses (wstevens@ali-aba.org)
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.
Program Schedule
THURSDAY, MAY 8, 2008
7:30 a.m. Registration and Continental Breakfast
Video Webcast Segment A
8:30 a.m. Course Overview and How It All Works (or Doesn't!) - Mss. Lichter and Winarsky
An overview of the immigration system and the role of the agencies involved, including basic concepts and suggested practice resources
9:30 a.m. Protecting the Employer - Mr. Brown
I-9 requirements, employer sanctions, verification, unlawful hiring practices, discrimination, and other compliance issues
10:20 a.m. Networking Break
10:35 a.m. Nonimmigrant Visas for Trainees, Students, and Visitors - Ms. Cooney
(B, F, J, M, and H-3 visas)
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: Specialty workers (H-1B), Intercompany Transferees (L-1), NAFTA Professionals (TN), and Treaty Traders and Investors (E-1 and E-2) - Mss. Schoonover and Winarsky
2:35 p.m. Obtaining Permanent Residence through Labor Certification: Processing under PERM - Mss. Catillaz and Pelta
3:20 p.m. Networking Break
3:35 p.m. Avoiding Labor Certification - Ms. Hammond
Priority workers and national interest waivers
4:15 p.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
5:15 p.m. Adjournment for the Day
FRIDAY, MAY 9, 2008
8:30 a.m. Continental Breakfast
Video Webcast Segment C
9:00 a.m. Completing the Permanent Residence Process - Mr. Leopold and Ms. Sabagh
Adjustment of status, including travel, work authorization, consular processing, admissibility and waivers
10:20 a.m. Networking Break
10:35 a.m. Family-Based Immigration - Ms. Lichter
Relative petitions, marriage-based cases, and children's issues
11:15 a.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
12:00 noon Lunch Break
Video Webcast Segment D
1:30 p.m. Practicing before the Immigration Court - Ms. Baldini-Potermin and Mr. Benach
Crimes and other grounds of removal, custody, and applications for relief
3:00 p.m. Networking Break
3:15 p.m. Naturalization to U.S. Citizenship - Ms. Glinsmann
Good moral character, residency, derivative naturalization, and automatic citizenship
3:45 p.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
4:30 p.m. Adjournment
Total 60-minute hours of instruction: 12.25
Suggested Prerequisite: Limited experience in general legal practice or completion of CLE Orientation Course
Educational Objective: Development of initial level of competency as a practitioner; acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner
Level of Instruction: Basic
Here's what registrants have said about this course:
“Very good overview!”
“All of the instructors had an excellent understanding of the course material. Course was well-run and worth it.”
“All of the presenters were exceptional. The program overall was excellent. Every presenter was extremely knowledgeable.”
“Excellent coverage of the law and current developments. Impressed with the hypos.”
“Excellent! Very useful presentations and materials. Good balance of topics and formats (lecture/scenarios/Q+A)
“The course was excellent. Speakers were knowledgeable and kept my interest the entire time.”
“This was an excellent course – I learned a lot of information, speakers were excellent and knowledgeable, good practical advice, speakers were well prepared.”
