Immigration Law: Basics and More
Why Attend?
The immigration laws, always in a state of continuous change, are again in major flux. Political pressure for comprehensive immigration reform vies for headlines with immigration "raids." Worksite enforcement actions have disrupted business operations, resulting in numerous arrests of undocumented workers, as well as criminal charges and other sanctions against employers. The Department of Homeland Security is constantly issuing new procedures and interpretations that have changed even the most familiar landmarks of immigration practice. The Department of Labor continues to revise and update its process for sponsorship of employees for permanent residence (PERM), while amending and expanding conversion of previously filed labor certification cases.
Securing viable options for non-immigrant workers in the face of oversubscribed visa programs (such as H-1B professionals and H-2B peak or seasonal workers) that have exceeded their quotas requires employers and counsel to develop alternative strategies to deal with eighteen-month delays in obtaining needed workers.
With the change in Congress this year, new immigration legislation in the form of comprehensive immigration reform appears more likely, with both the White House and the legislative branch committed to moving forward on the issue of undocumented workers and employers' needs.
Understanding the complexities and shortcomings of the current system, as well as the range of possibilities presented by potential solutions, is of great value to the practitioner no matter what programs are created by Congress this session. 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 cannot avoid the need for a basic understanding of immigration law issues.
In an increasingly global personnel market, U.S. companies must 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. Changes in personal status, such as marriage and divorce, 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.
What You Will Learn
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. It is designed both to provide basic knowledge to the uninitiated and to enable those with some experience to increase their knowledge.
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. Immigration as it relates to family-based cases also is reviewed, including the immigration implications of marriage, divorce, and children's issues. In addition, the course addresses 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 filing for naturalization to 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. In the event that new immigration legislation arises prior to the course, a comprehensive summary will be provided and the faculty will incorporate any new law into their presentations.
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 B. Koenig, Paul, Hastings, Janofsky & Walker, LLP, Atlanta
Faculty
Maria Baldini-Potermin, Scott D. Pollock & Associates, P.C., Chicago
Dan S. Brown, Paul, Hastings, Janofsky & Walker, LLP, Washington, D.C.
Marshall D. Fitz, Director of Advocacy, American Immigration Lawyers Association, Washington, D.C.
Maria F. Glinsmann, Glinsmann & Glinsmann, Chartered, Gaithersburg, Maryland; Chapter Chair, Washington, D.C. Chapter, American Immigration Lawyers Association
Denise C. Hammond, Of Counsel, Tobin, O'Connor, Ewing & Richard, 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, Washington, D.C.
Heather N. Segal, Guberman, Garson, Bush, Toronto, Ontario, Canada
Cora D. Tekach, Maggio & Kattar, P.C., Washington, D.C.
Rachel S. Ullman, Attorney at Law, Silver Spring, Maryland
Stephen W. Yale-Loehr, Adjunct Professor, Cornell Law School, Ithaca, New York; Of Counsel, Miller Mayer, LLP
ALI-ABA Staff Attorney: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Note: This course also is available as a LIVE VIDEO webcast at your desktop! Go to www.ali-aba.org/webcast/faq.asp for detailed information about participating in ALI-ABA's live webcasts. For group webcasts, please email Ruth Johnson at rjohnson@ali-aba.org for registration instructions and tuition discounts.
Program Schedule
Thursday, April 26, 2007
- 7:45 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, 2007
- 8:30 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
- 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
Total 60-minute hours of instruction: 12
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
Here's what registrants have said about this course:
This conference was excellent, in my view. One of ALI-ABA's best efforts.
All of the instructors had an excellent understanding of the course material. Immigration is a 'hot-stove' issue and it is very important to continually educate (self-educate) yourself about the legal guidelines and regulations. 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.
Excellent - material, presentation and hypothetical. Very brilliant and knowledgeable panel. I wish I had knowledge like they possess. Hats off to them.
