WEDNESDAY, JUNE 18
PRACTICE ROUNDTABLES
AUDIO CD #1 Stress Management and Case Management Ann Kanter, Jim Tom Haynes, Gregory H. Siskind AUDIO CD #2 & #3 Consular Processing Review Liam Schwartz, Robert W. Donaldson, Paul W. Ferrell, Jose R. Perez, Daniel Retter, Heather N. Segal, Robyn M. Bishop, Jeffrey Gorsky AUDIO CD #4 & #5 Shining Through Adversity: Strategies for Success with Requests for Evidence & Denials David G. Newhall, Frances C. Berger, Stephen J. Navarre, Shawn A. Orme, Lisa Spiegel, Stacey Gartland AUDIO CD #6 & #7 Around the World in 2 Hours: Outbound Immigration Options Scott M. Borene, Eugene Chow, Niegel Dobbie, Ranjit Maholtra, Neil McHardy, Julia Onslow-Cole, Federico Vergara Ramirez AUDIO CD #8 & #9 Dysfunctional Businesses, Dysfunctional Families: Conflicts in Duel Representation Robert G. Heiserman, C. Lynn Calder, Minette A. Kwok AUDIO CD #10 & #11 Special Relief and Other Gems at the Bottom of the Barrel: “She Wore Diamonds on the Soles of Her Shoes” Michael Ungar, Bart Klein, Patricia G. Mattos, J. Joseph Reina, Mark Silverman AUDIO CD #12 Office Management in the New Economy – “Working 9-5?” Dale M. Schwartz, Sarah Buffett, Joanne T. Stark
THURSDAY, JUNE 19
OPENING PLENARY SESSIONS
AUDIO CD #13 President’s Installation Steven M. Ladik, Jack L. Pinnix, Palma R. Yanni AUDIO CD #14 Hot Off the Press Paul L. Zulkie, Daryl R. Buffenstein, Maria I. Casablanca AUDIO CD #15 Connecting the Dots: Legislation, Regulations and Your Practice Judy Golub, Ruth K. Oh, Carlina Tapia-Ruano, Kathleen C. Walker, Crystal Williams AUDIO CD #17 Department of Homeland Security Update John L. Pinnix Bureau of Citizenship & Immigration Services (BCIS) Charles C. Foster, Eduardo Aguirre, Jr. Bureau of Immigration and Customs Enforcement (BICE) John L. Pinnix, Michael Garcia Bureau of Customs and Border Protection (BCBP) Jeanne A. Butterfield, Douglas M. Browning
CORE CURRICULUM
AUDIO CD #18A & #18B The Basics You Should Know About Immigration Tools and Concepts
Brief History of Immigration Law Prior to and After 1996 New Changes in Immigration Law as a Result of September 11, 2001 Important Terminology Understanding the Numerical Language Sources of Information: INA, CFR, Website, Kurzban, etc. Government Agencies DHS, DOL, DOS, EOIR, AAU, etc. Stephen Yale-Loehr, Charles C. Foster, Maureen O’Sullivan, Margaret H. Taylor
AUDIO CD #19 Nonimmigrant Visas Part I: Playing by the Nonimmigrant Rules Changing, Maintaining and Extending Status Reinstating Legal Status Overstay and Its Consequences Understanding the Difference Between a Valid Visa and Legal Status Canadians and Mexicans: the Exception to the Rules Preconceived Intent: 30/60 Day Rule Consular and Immigration Inspectors Visa Revalidation Unlawful Presence Timothy G. Payne, Elizabeth R. Edwards, Jeffrey Joseph
AUDIO CD #20 Nonimmigrant Visas Part II: Visas for Business Purposes H-1B – Professional: Eligibility, LCA’s, Prevailing Wage Determination and Alternative Surveys, Credential Evaluations, Industry Standards, Portability, Quota Trading and Investing Visas E-1/E-2 TN Admissions for Canadians and Mexicans TN v. H-1B L-1A/B – Transfers of Executives, Managers and Those With Specialized Knowledge, Blanket L-1 Petitions Employment Authorization for Spouses of Nonimmigrants Michele L. Strickland, Boyd F. Campbell, Cheryl B. Williams
AUDIO CD #21 Nonimmigrant Visas Part III: Visas for Other Sojourners Visitors for Business and Pleasure (B1/B2) Academic and Vocational Students (J and M) NAFTA Entrants – Border Crossing Cards Athletes, Performers and Extraordinary Ability Workers (O&P) Religious Workers (R) Fiancées (K) Exchange Visitors (J and Q) Temporary Agricultural and Nonagricultural Workers and Trainees (H2A, H2Bs and H3) Diplomats, Crewman, Transit Without Visa (TROW) (A, C, D) Informants, Victims of Crimes (S & Ts) Visitors Without Visas (I-94W, Board Crossing Cards, Transit Without Visa TRWOV) Peter L. Ashman, Robert C. Divine, Naveen Rahman
AUDIO CD #22 Nonimmigrant Visas Part IV: Applying for a Visa at a U.S. Consulate or Embassy Abroad Who Needs to Apply for a Visa Outside of the United States? Visa Revalidation in the United States Where Should Clients Apply for the Nonimmigrant Visa? Who is Eligible to Apply for a Nonimmigrant Visa at U.S. Consulates in Mexico or Canada? Basic Documents in Support of Applications Preparing Your Client for the Consular Interview Visa Refusals After September 11 Nonimmigrant Visa Waivers: Are They Ever Approved? Inspections Upon Return to the United States
Terry J. Hellbush, Douglas Bristol, Bernard P. Wolfsdorf
SUBSTANTIVE PRACTICE I
AUDIO CD #23A & #23B Labor Certification in the Brave New World Managing Employer and Employee Expectations Drafting the ETA for the Changing Economy New Strategies for Using Reduction in Recruitment Processing Options for Handling Layoff Notice of Findings and Industry Availability Letters PERM Preview Cheryl Lenz-Calvo, Edward R. Litwin, Eleanor Pelta, Teri A. Simmons, William Carlson, Harry Sheinfeld
AUDIO CD #24 & #25 Deconstructing H-1Bs Back to the Sources: Working with the Statute, Regulation and Case Precedent When Size Matters: The Nature of the Employer "Isn’t That Special?”: Maturing Technologies and Specialty Occupations Working with General Educational and Liberal Arts Degrees More Than the Sum of its Parts: The Petition as Advocacy Regional Discrepancies: Know Your Service Center
Kathleen A. Moccio, Gary Endelman, David Grunblatt, Angelo A. Paparelli
SUBSTANTIVE PRACTICE II
AUDIO CD #26A & #26B Entry and Inspection Issues: "She Came in Through the Bathroom Window!” Admissions and PFIs IBIS Checks and Look-Out Lists National Security Entry/Exit Registration System (NSEERS) Parole Entry: Still an Option? The Bureau of Citizenship & Immigration Services and the New Era of Inspections Overstaying Your I-94 & The Threat of Expedited Removal Re-entry After Removal, Deportation, and Voluntary Departure Christine Brigagliano, Gregory D. Boos, Zada Edgar Soto, Ellen G. Yost, Jayson P. Ahern, Robert Mocny AUDIO CD #27 Issues in Adjustment of Status: "Let’s Twist Again”
Child Status Protection Act Changing Partners Bouncing from Category to Category: When is it Allowed? Priority Dates Adjustment in Immigration Court Concurrent Filing Issues §245(i) and Grandfathering
Jay I. Solomon, Sarah Z. Brown, Nancy B. Elkind, Mary L. Mucha
SUBSTANTIVE PRACTICE III
AUDIO CD #28 & #29 Naturalization or Derivative Status: "Born In The USA” (Not!) When Not to File a Naturalization Case Language and Health Waivers for Naturalization What is Considered Physical Presence for Naturalization? Permanent Resident Commuters Appealing a Denial!What Are the Options? Application to Preserve Residence How to Gather Evidence to Support a Claim to Citizenship? A Passport or Application for Certificate of Citizenship? Birth Abroad: When Has a Person Derived Citizenship? Automatic Naturalization of Children The Child Citizenship Act of 2000
Martin L. Rothstein, Frederick B. Benson, John P. Pratt, Consuelo Panchon
AUDIO CD #30 Successfully Managing The Marriage-Based Case: "Going To The Chapel”
Bona Fide Marriage Dual Representation Late Discovered Fraud Affidavit of Support and Public Charge Issues Waiver Applications 204(c) Issues 30, 60 and 90 Day Rule Bars and Other Land Mines Removing the Conditional Status
Paul Soreff, James G. Gavin, Amy L. Peck, Cora D. Tekach
SUBSTANTIVE PRACTICE IV
AUDIO CD #31A & #31B Suing the Bureau of Citizenship & Immigration Services Preparing and Filing Petitions for Declaratory Injunctions Using the Writ of Mandamus to Secure a Decision Equal Access to Justice Act (EAJA) Fees Strategies in Preparing Your Reluctant Client How Clients May Benefit From Pending Litigation Pending Affirmative Litigation Government Defenses: Exhaustion and Lack of Jurisdiction Burden of Proof Robert A. Mautino, Ira J. Kurzban, Marc Van Der Hout
AUDIO CD #32 Rights of Aliens Before Enforcement Agencies: "The Times They Are A Changing” Stopped, Questioned, Investigated and Arrested Searches and Seizures, Asset Seizures Reason to Believe, Probable Cause and Remedies for Improper Arrest Bond Issues Locating and Communicating with the Client The Detained Client: National Security Risk? Detention Abuse: Habeas Corpus and Other Responses Obtaining Post-Conviction Relief Operation TARMAC Susan Compernolle, Regis Fernandez, Mark T. Kenmore, Steven A. Morley, Joseph A. Vail
OPEN FORUMS/SPECIAL SESSIONS
AUDIO CD #33 Bureau of Citizenship and Immigration Services (BCIS) Open Forum Charles H. Kuck, Robert P. Deasy, Fujie Ohata, Terry O’Reilly, William Yates, Evelyn Upchurch AUDIO CD #34 Executive Office for Immigration Review (EOIR) Open Forum Brian K. Bates, Laura L. Lichter, Hon. Michael J. Creppy, Lori Scialabba
PRACTICE ROUNDTABLES
AUDIO CD #35 Child Status Protection Act James Hallagan, Anis N. Saleh, Dea Carpenter, Jeffrey Gorsky AUDIO CD #36 & #37 Options for Immigrant and Non-immigrant Investors and Entrepreneurs Laura F. Reiff, Henry J. Chane, David Hirson, Julie C. Pearl, Morrie Berez AUDIO CD #38 & #39 Northern Exposure: The Latest on the Canadian Immigration Front Evan J. Green, David Davis, David L. P. Garson, Benjamin J. Trister, Kenneth Zaifman AUDIO CD #40 & #41 Grill the Experts: Labor Certification Q and A Mailine P. Wong, Steven A. Clark, Allen E. Kaye, Susan M. MacLean, Joel Stewart, Matthew G. Thompson AUDIO CD #42 & #43 From a Union Perspective: Unintended Consequences of the Employer Sanctions/I-9 & Federal Employment Law Solange E. Bitol, Ana L. Denier, L. Patricia Ice, Philip L. Martin, Benjamin Sachs, Charity Wilson
FRIDAY, JUNE 20
PRACTICE ROUNDTABLES
AUDIO CD #44 Basic Ethics: Facing The Ethical Dilemmas in the Practice of Immigration Law Emily J. Curray, George S. Newman, Mark Taxy AUDIO CD #45 Emerging Export Control Issues: What You Don’t Know and How it Can Hurt You Mareza I. Estavez, Janet Kim, Nelson G. Dong, Bruce Friedman AUDIO CD #46 IDs and I-9s: Keeping the Employer and Employee in Compliance Luis Cordero, Jacob M. Monty, Allen Orr, Marguerite Kleczek
AUDIO CD #47 Immigration and Due Diligence Richard Gump Jr., Kelly M. McCown, Charles M. Miller AUDIO CD #48 Violence Against Women Act (VAWA) Gail L. Pendleton, Mindy E. Hoeppner, Miko A. Tokuhama-Olsen, Laura Dawkins, Walt Laramie
CORE CURRICULUM
AUDIO CD #49A & #49B Immigrant Visa Processing Part I: Family, Special Immigrant & Diversity Visa Lottery Qualified Family Relationships Retention of Priority Dates, Conversions and Loss of Classification Special Immigrants: Juvenile, Battered Spouse or Child Diversity Visa Lottery Child Status Protection Act Affidavit of Support IBIS Checks Heightened Scrutiny of Marriage Based Visa Petitions Careful Analysis of Vital Records and Supporting Laura Lichter, Jonathan S. Greene, Melvin R. Solomon, Daniel Stracka
AUDIO CD #50 & #51 Immigrant Visa Processing Part II: Employment-Based Options Labor Certifications Employment-Based Petitions Without Labor Certification Schedule A Consular Processing vs. Adjustment of Status (3 and 10 Year Bars) Gregory Rodgers, Robert H. Cohen, Steven H. Garfinkel, Tien-Li Loke-Walsh
AUDIO CD #52A & #52B Adjustment of Status vs. Consular Processing: Assessing the Pros and Cons
Visa Processing Through National Visa Center and Consular Offices Abroad Discretionary Consular Acceptance §212(a)(9)(B) and the 3/10 Year Bars Clearances, Denials and Relief Eligibility for Adjustment of Status BCIS Discretion to Deny Adjustment of Status Grandfathered Applicants Under §245(i) Jurisdiction: Where to File the I-485 Advance Parole: When Does Your Client Need to Apply? Employment Authorization Eligibility, NIVs with Pending I-485 Michelle L. Lazerow, Lori T. Chesser, Mark G. Murov, Jan M. Pederson
AUDIO CD #53A & #53B Inadmissibility and Removability: You Can’t Come In, or You Must Leave
What is the Difference Between Inadmissibility and Removability Grounds for Inadmissibility and Removal The Basics of Removal Proceedings Possible Relief from Removal Detention – Mandatory or Bondable? National Security Detention of "Suspected Terrorists” Deferred Inspection, Waiver of a Visa, and Withdrawal of Application for Admission Expedited Removal at Ports of Entry Socheat Chea, Michael J. Boyle, Malea Kiblan, Timothy E. Wichmer
AUDIO CD #54 Protecting Those with Nowhere to Go: Asylum, CAT, Refugees, TPS, DED, NACARA Establishing a Nonfrivolous Claim Avoiding a Frivolous Asylum Finding Establishing Eligibility for Protection Under Convention Against Torture Affirmative Filings Filing a Defensive Asylum Claim Before Immigration Court Current Temporary Protected Status and Deferred Enforced Departure Programs Nicaraguan and Central American Relief Act When is the Case Really Over? Gloria Goldman, Frank K. Lipiner, Mario M. Lovo
AUDIO CD #56 Naturalization and Citizenship Claims Requirements for Naturalization Good Moral Character Problem Areas: Selective Service and Perjury Charges Physical Presence Requirements and Exemptions Obstacles to Naturalization When Naturalization Is Not A Good Idea Derivative Citizenship Claims Citizenship Acquired at Birth Abroad Application for Preservation of Residence for Naturalization Purposes (I-470) Revocation and Denaturalizaton Lucy Fong Lee, Theresa Corcoran, Carmen A. DiPlacido
SUBSTANTIVE PRACTICE I
AUDIO CD #57 Post 9-11 Regulatory and Legislative Changes: "I Feel the Earth Move Under My Feet”
New Photography and Fingerprinting Requirements Registration Requirement Department of Homeland Security Responding to Threats of Detention Other Proposed Legislation Important Attorney General Directives and Memos Kathleen C. Walker, Judy Golub, Robert B. Jobe, Paul W. Virtue AUDIO CD #58 Negotiating the Prevailing Wage Maze: Another Day, Another Dollar
Door #1, or Door #2? Distinguishing Between Occupational Employment Statistics (OES) Levels I and II The New TEGL on Levels I and II Framing the Issue: Getting Your SWA to Say Yes Going Outside the Box: Alternatives to OES The Last Resort: What to Do When You’re Stuck on Level II "Money Changes Everything”: Dealing With H-1B Wages With an Eye Toward Labor Certification Robert S. Whitehill, Nancy-Jo Merritt, Susan Borowski Storch, Patrick Strange AUDIO CD #59A & #59B Government Investigations: "I Hear You Knocking . . .”
Federal, State, Local: Who Investigates What? Where Employers Can Falter: I-9’s; Social Security Number Mismatches; OFCCP, etc. What are the Investigators Really After? Labor Law and Employment Law Issues Orchestrating the Defense and Engaging Co-counsel: Send Lawyers, Guns and Money But It Was Not Us! The Extent of Corporate Liability Preventative Measures: Avoiding Corporate Liability Michael Patrick, Thomas E. Moseley AUDIO CD #60 & #61 Deconstructing H-1B’s
Back to the Sources: Working with the Statute, Regulation and Case Precedent When Size Matters: The Nature of the Employer Maturing Technologies and Specialty Occupations Working with General Educational and Liberal Arts Degrees More Than the Sum of its Parts: The Petition as Advocacy Regional Discrepancies: Know Your Service Center Michael Turansick, Rita Kushner, Dinesh P. Shenoy, Annie J. Wang AUDIO CD #62A & #62B Issues Before the Board of Immigration Appeals: "I am a Man of Constant Sorrow”
Filing the Appeal, When and How Understanding Remands, Motions to Reopen and Motions to Reconsider Seeking the Stay of Removal and the Motion for Emergency Stay What to Do with Late Appeals and Briefs Will BIA Reorganization Affect Your Case? Overcoming Summary Dismissal Timing Issues in the BIA: When is Time Your Friend and When Should You Push the Case? Linda A. Cristello, Brian K. Bates, Victor D. Nieblas Pradis, Lori Scialabba
SUBSTANTIVE PRACTICE II
AUDIO CD #63 & #64 Winning J-1 Waivers: "One for the Gipper”
Determining if the Client is Subject to §212(e) Making Successful Extreme Hardship Cases No Objection Letters and Working with the Client’s Embassy The Skills List! – Is the Client a "Marked Man?” Interacting with Interested Government Agencies Government Financing – The Death Knell for Waivers? From State to DHS: Avoiding the Black Hole Robert D. Aronson, Michael Maggio, David A.M. Ware, Stephen K. Fischel, Marcia Pryce AUDIO CD #65 Understanding Overstay and Bars: "You Keep Me Knocking But I Can’t Come In”
The 3- and 10-Year Bars Unlawful Presence vs. Not Accumulating Illegal Status When Does the Time Start Running for Unlawful Presence? Impact of a Change of Status and Extension of Status Obtaining Waivers Unlawful Presence in Proceedings The Permanent Aggregate Bar Claudia Slovinsky, Lisa E. Seifert AUDIO CD #66A & #66B Criminal Conduct And How It Affects Your Case: "I’m All Shook Up”
What is an Aggravated Felony and Why Does It Matter Now? What is a Crime Involving Moral Turpitude? Sentence Reduction Pleading to a Lesser Offense The Immigration Consequences of a Prior Criminal Plea Working With Criminal Defense Counsel Before a Plea Entered Developing a Plea that Does Not Have Immigration Consequences Zachary Nightingale, Mary E. Kramer, Linda Osberg-Braun, Lory D. Rosenberg AUDIO CD #67A & #67B Strategies In Fighting Removal: "Float Like A Butterfly And Sting Like A Bee”
Doing It Right the First Time Challenging Removability Removability vs. Inadmissability Seeking Post-Conviction Relief After the OSC is Filed Discovery in Immigration & District Courts Handling the Case in Chief David W. Leopold, Thomas P. Adams, Simon M. Azar-Farr, Charles Roth AUDIO CD #68 & #69 Advanced Issues in Asylum, Withholding and CAT Claims: "Someone to Watch Over Me”
Analysis of Latest DHS Regulations Overcoming the Bars to Asylum Analysis of the Latest BIA/Attorney General Decisions Presenting Successful CAT Claims and DHS Policy on CAT Claims Stateless Asylum Claims Overcoming the Effect of 9-11 on Asylum Claims Deborah Ann Sanders, Stephen Knight, Larry Katzman, Molly M. Groom AUDIO CD #70 & #71 After the Grant of Asylum
Receiving the Grant I-730 for Family Members Asylee Travel Asylee Adjustment of Status Alternatives to Lawful Permanent Residence Termination/Revocation of Status Kirsten Schlenger, Carol Edwards, Tilman Hasche
SUBSTANTIVE PRACTICE III
AUDIO CD #72 Relief for Children: "Here Comes the Sun” Relief for Unaccompanied Minors Children’s Issues: Detained and Non-Detained, Special Immigrant Juveniles, Tactics for Interviewing Minor Children
Wendy Young, Deidre Gilin, Michael Biggs
AUDIO CD #73 Judicial Review of BIA Decisions
The Limited Jurisdiction of the Federal Bench Update and Review of Criminal Cases Discretionary Decisions and Consolidation Habeas Corpus vs. Petition for Review The Petitions for Review (Deciding Whether to File, Which Court, When and How to File) Nadine K. Wettstein, LInton Joaquin, Robert Jobe AUDIO CD #74A & #74B Priority Date Issues: "When Can Grandma Come?” Strategies for the "Other” Category Western Hemisphere Priority Dates Cross-Chargeability Recapturing and Using Old Priority Dates The Conversion Regulations V and K Visas Child Status Protection Act Automatic Revocation of Petitions
Kathrin S. Mautino, Cynthia A. Aziz, Maureen O’Sullivan, Scott D. Pollock, Ellen Gallagher Holmes
AUDIO CD #75 Waivers for Nonimmigrants: "You Don’t Send Me Flowers Anymore”
Eligibility Under §212(d)(3) Where to Apply! – Time Allotted and Extensions Where to Go If Denied Medical Waivers Criminal Inadmissibility Misrepresentation Richard Ginsburg, William Z. Reich, Daniel Hoyt Smith AUDIO CD #76A & #76B Waivers for Immigrants and Waivers for Bars: "I’m Always Chasing Rainbows”
Grounds for Cancellation of Removal Waiver of Inadmissibility for Criminal Grounds §212(h) Waiver for Misrepresentation Under §212(i) Waiver of Post-Removal Bar Applying at the Consulate After Removal Proceedings Entry Without Inspection and Adjustment Application Waiver for 3 and 10 Year Bars Actions for Which No Waiver Available Jules E. Coven, Jonathan D. Montag, Leigh Nelson, Eric Schultz AUDIO CD #77 Managing the Managers: Identifying and Advising Executives and Managers "I Know One When I See One:” Identifying Managers and Executives E and L Strategies and Eligibility Issues H-1B Managers: Successes and Pitfalls The Ugly Duckling Becomes the Swan: L-1Bs and H-1Bs to Priority Workers How Portable are Managers? Corporate Restructurings and the Nonimmigrant Manager Spousal Employment Margaret A. Catillaz, Barbara Bower, Neil S. Dornbaum, Larry L. Drumm
OCCUPATIONAL WORKSHOPS
AUDIO CD #78 Chefs and the Hospitality Industry Nonimmigrant Visa Options Specialty Cooks and Labor Certification Other Hospitality Workers Donald J. Wolfson, Martin J. Lawler
AUDIO CD #79 Artists, Athletes and Performers Os, Ps and Miscellaneous Nonimmigrant Options Peer and Union Consultations and Reviews Immigrant Visa Options Above and Beyond EB-1 Howard L. Kushner, Jonathan Ginsburg, Maite Hoyos
AUDIO CD #80 Computer Professionals When "High Tech” Can be Done by "High Schoolers”: What Technical Jobs are Still Potential H-1B Jobs? Which Ones are Problematic? L-1Bs and the Computer Professional: Proving Specialized Knowledge Why Computer Positions May Prove Problematic for E Visas Unrelated Degrees Labor Certification Robert E. Banta, Cyrus Mehta, Lawrence D. Bastone
AUDIO CD #81 Doctors
H-1B the Dream, J-1 the Reality, and O-1 the Bridge Between the Two The Three Year Commitment and its Interplay with Permanent Residency Update on Interested Government Agency (IGA) Recommendations Changes in Employment After Obtaining an IGA Waiver Renewed Conrad 20 Sylvia G. Titgemeyer, Alison J. Brown, Barry J. Walker AUDIO CD #82 & #83 Allied Health Care Professionals
Nurses Credentialing, Licensing and Visa Screening – Inside and Outside the U.S. PTs, OTs, Med Techs Emerging Professions – Respiratory Therapists, Radiation Therapists etc H-1C James D. Acoba, Matt Dunn, William A. Stock AUDIO CD #84 & #85 Religious Workers
Is Volunteer Experience Ever Appropriate for Establishing Special Immigrant Visa Eligibility? There is Hope for Church Music Directors Cases of Non-Ministerial Religious Occupations? Are There Hidden Constitutional Issues in the Way These Petitions are Adjudicated? Using Litigation to Stop the DHS from Further Restricting Eligibility Criteria Are Parochial Schools "Religious Organizations"? Strategies When the Sponsoring Denomination is Different from the Beneficiary’s Denomination Complex Compensation Issues Martina M. Keller, Leon Wildes
OPEN FORUMS
AUDIO CD #86 DOL Open Forum Eleanor Pelta, Frances Berger, William Carlson, Charlene Giles, Floyd Goodman, Harry Sheinfeld
AUDIO CD #87 DOS Open Forum Robert P. Deasy, Jonathan Ginsberg, Robyn M. Bishop, Stephen K. Fischel, Jeffrey Gorsky
SATURDAY, JUNE 21
AUDIO CD #88 General Counsel Open Forum Daryl R. Buffenstein, Denyse Sabagh, Dea Carpenter, Barry O’Melinn AUDIO CD #89 BICE Open Forum Gregg Rodgers, David Leopold
MOCK INTERVIEWS/HEARINGS
AUDIO CD #90 Expedited Removal at the Border: Inspections Interview Who is Susceptible to Expedited Removal What Questions Are Asked in an Expedited Removal Interview? Legal Representation Available What is Asylum Claim Asserted? Ramifications of Expedited Removal Gerald P. Seipp, Roger Bernstein, Richard Prinz
AUDIO CD #91 Removal Hearing Conducted in Detention Center
Bond Availability and Hearing Basic Procedures of hearing Translator Assigned Possible Relief Available: Asylum, Cancellation, §212(c), Derived Citizenship Questions to Cover in Making Claim for Particular Relief Reactions/Questions from Government Attorney and Judge Evidentiary Issues Linda Kenepaske, Royal F. Berg, Leon Rosen, Hon. Charles A. Wiegand, III
AUDIO CD #92 & #93 A Meeting with Oz: Nonimmigrant Visa Interview at Consulate Eligibility to Apply for a Nonimmigrant Visa in Mexico or Canada Required Clearances for Certain Nationals New Rules or Expectations Under the US PATRIOT Act and Other Post-9/11 Policies and Practices An Attorney at the Consular Interview – Help or Hindrance? Special Precautions When Applying for Nonimmigrant Visas in Mexico or Canada Essential Documents to be Submitted During the Consular Interview Unlawful Presence Surprise! Client at the Post Learns He is Subject to the 3- or 10-Year Bar Oz Said No! Now What? Any Recourse? Legal Resources to Request a Reconsideration of a Visa Refusal Silvia R. Graves, Frances J. Hayden, Paul M. Isel, Stephen K. Fischel, Jeffrey Gorsky
AUDIO CD #94 Marriage/Adjustment Interview Separated Clients But Still Very Much in Love Preparing Hostile Spouses for Adjustment Interview What to Do When the U.S.C. Spouse Refuses to Appear at Interview Basic Documents to Submit at the Interview Handling Periods of Separation by the Spouses During the Interview Independent Marriages with Independent Bank Accounts and Domiciles Duty to Disclose Damaging Information I-751 Waivers When is the Lawful Permanent Residence Really Permanent? T. Douglas Stump, Jeffrey A. Devore, Patricia Ravenhorst
AUDIO CD #95 Naturalization Interview Eligibility for Naturalization Can You Ever Establish Good Moral Character With a Criminal Record? Can DHS Find a Lack of Moral Character When Your Client Does Not Have a Criminal Record? What Departures from the U.S. Constitute Interruption of the Physical Presence Requirements? Failure to Register for Selective Service How to Document Your Case Prior to the Naturalization Interview What to Do When Client Failed to Disclose Information on the N-400 Application When to Stop a Naturalization Interview S. Christopher Stowe, Jr., Judith Cooper, Nicomedes E. Suriel
AUDIO CD #96 Federal Court Habeas Corpus Hearing David K. Wenger, Mauricio L. Aldazabal, Karen T. Grisez, Hon. Charles A. Wiegaud, III SUBSTANTIVE PRACTICE I
AUDIO CD #97A & #97B Labor Certification in The Brave New World
Managing Employer and Employee Expectations Drafting the ETA for the Changing Economy: Job Descriptions, Worksite Locations, Wage Predictions Is Reduction in Recruitment "DOA”? New Strategies for Using RIR Processing in the Current Market Options for Handling Layoff NOF’s and Industry Availability Letters Special Handling PERM Preview Howard W. Gordon, Susan J. Cohen, Aggie R. Hoffman, Warren R. Leiden, Harry Sheinfeld, William Carlson AUDIO CD #98 Negotiating the Prevailing Wage Maze: Another Day, Another Dollar
Door #1, or Door #2? Distinguishing Between Occupational Employment Statistics (OES) Levels I and II The New TEGL on Levels I and II Framing the Issue: Getting Your SWA to Yes Going Outside the Box: Alternatives to OES The Last Resort: What to Do When You’re Stuck on II "Money Changes Everything:” Dealing with H-1B Wages with an Eye Toward Labor Certification Ester Greenfield, Cynthia Lange, Michael J. Zavatsky, Patrick W. Stange AUDIO CD #99A & #99B Post 9-11 Regulatory and Legislative Changes: "I Feel the Earth Move Under My Feet”
New Photography and Fingerprinting Requirements Registration Requirement Department of Homeland Security Responding to Threats of Detention Other Proposed Legislation Important Attorney General Directives and Memos Denyse Sabagh, Charles H. Kuck, Tarik H. Sultan, Crystal Williams AUDIO CD #100 It’s Academic: The New World of Students and Scholars
New Restrictions on Students and on Universities Since September 11 The Impact of SEVIS and NSEERS on Educational Institutions F, J, M and Students: Employment Options Immigration Compliance and Educational Institutions Scott W. Wright, Katherine Bellows, Ellen R. Gorman, Donal Eoin Reilly, Michael Dougherty SUBSTANTIVE PRACTICE II AUDIO CD #101 Day Tripper: Strategies for the Border Crossing Business Traveler
DHS’ New "Registration Rule”: What Every Business Traveler Should Know About Entry and Designated Ports for Departure Visa Expirations, I-797 Expirations and Automatic Revalidation Rules Extensions, Changes of Status and Travel Special Issues Relating to Canada and Mexico Portability and Travel Travel During Adjudicatory Delays Visas vs. Advance Parole Port of Entry Shopping Mark D. Koestler, David H. Paruch, Katherine E. Urban-Linck, Robert Mocny AUDIO CD #102 My Client Is Stuck! Keeping Your Head and Saving the Day
Know Before You Go: Sidestepping Problems Before They Arise Lookout, Lookout, Wherever You Are: The Ever-Expanding Universe of Data I’m On the List! Get Me Off! Advanced Techniques in Client Calming Withdrawing the Request for Admission Foreign Governments and Other Friendly Resources Peter N. Larrabee, Timothy J. Murphy, William A. Stock AUDIO CD #103 Consular Processing for Family Members: "My Bonnie Lies Over the Ocean”
V and K Visas Age-Outs and §201(f) Preserving Priority Dates DHS Revocation of Petition I-601 Waivers Adoption Petitions K-3 Visas for People that Are Unlawfully Present The Remote Beneficiary and Other Challenges in Consular Cases Edwin R. Rubin, Jose Pertiera, Irene A. Steffas, Robyn M. Bishop AUDIO CD #104 Nonimmigrant Strategies for Non-degreed Workers: "My Lack of Education Never Hurt Me None”
Non-degreed Workers and the Industries That Love Them L-1B and E Visas: Proving Specialized Knowledge and "Essentiality” H-2B Visas: When is a Position "Temporary” in Nature NAFTA’s Non-degreed Categories Using the 3=1 Rule for H-1B Petitions Stanley Mailman, Gerard M. Chapman, R. Patrick Murphy AUDIO CD #105 Constitutional Issues in Post 9-11 ERA: "Here Comes the Judge”
Overall Struggle Between Basic Freedoms and Security Concerns in Post-9/11 Era Basic Constitutional Principles and Civil Rights Acts Limiting Government Actions Particular Role of Immigration Attorneys in This Struggle Challenges to the USA PATRIOT Act Recent Legislation/Litigation: Department of Homeland Security Recent Litigation Over Constitutional Issues Impacted by Government Actions Lucas Guttentag, Hiroshi Motomura AUDIO CD #106 LCA Record Keeping and Audits: "Carry That Weight”
Helping Clients Set Up, Maintain and Update LCA Public Access Files How Do Large H-1B Employers Cope with LCA Recordkeeping Requirements? Implementing Systems that Prevent Audit Penalties: What Can and Should You Do For Your Clients? Managing LCA’s for Roving Employees: The Impossible Dream? Coping with Wage and Hour Audits Roxana C. Bacon, John S. Brendel, Josie Gonzalez, William Lesser
SUBSTANTIVE PRACTICE III
AUDIO CD #107 Entering the United States as a Visitor: The Latest Buzz About Bs
Admission, Extension, and Change of Status: The New Reality Student B-ings: Don’t Let Your Client Get Stung! Visa Waiver – Now More than Ever? The Academic Honorarium: A Bright Spot B’s and the Nest: Family Members, Domestic Partners and Household Workers "B-ing and Other-ness”: B-1 in Lieu of Other Nonimmigrant Classifications Jeanne M. Malitz, Paul R. Hribernick, Elissa M. McGovern, Jeffrey Gorsky AUDIO CD #108 H-2A and H-2B Visas: "I Want You, I Need You, I Love You...Temporarily”
How Temporary is Temporary? Four Expectations! Employer, DOL, DHS, DOS Initial Considerations: Nonimmigrant Intent, Admissibility Changes in Duties, Location After Labor Certification Approval §212(d)(3)(A) Waivers of Unlawful Presence Timing Strategies!60/90/120 Days and Premium Processing Roles of Recruiters, Agents and Attorneys Emerging Trends and Regional Variances Andrew B. Greenfield, Eric Bord, Malvern C. Burnett, Charlene Giles AUDIO CD #109 "Collateral Damage”: Criminal Immigration Primer for Business Practitioners
Communicating With Criminal Defense Attorneys Implications of Different Convictions on Immigration Status The "3Ds”: Drugs, Domestic Violence, and DUI Crimes of Moral Turpitude and Aggravated Felonies Nuts and Bolts of NIV and IV Waivers and the Petty Offense Exception Previous Non-Disclosure of a Conviction Reentry After Self-Deportation James R. Patterson, Maria Baldini-Potermin, George N. Miller AUDIO CD #110 & #111 "Running” Around the Runaround: Avoiding Labor Certification
Identifying Vital Workers and High Level Employees Leveraging Merits: Extraordinary Ability, "Outstandingness,” and Exceptional Ability The Importance of Being Important: Successful National Interest Waivers Schedule A: Useless Anachronism, or Secret Weapon? E13, Be Good to Me: Creative Strategies for Multinational Managers and Executives Carl Falstrom, Carlos M. Recio, Nathan A. Waxman AUDIO CD #112 Income Tax Basics for Immigration Lawyers: "Dancing in the Dark”
Residents and Nonresidents for Tax Purposes "Glory Days”: Special Rules for Students, Trainees and Scholars Exemptions from FICA and Totalization Agreements Consequences of Abandoning PR Status or Citizenship for Tax Purposes Importance of Formal Abandonment To Avoid Residency Obligations of Immigration Practitioners Regarding Taxation of Foreign Nationals Working with Tax Specialists Joel H. Paget, Ted J. Chiappari, Donna Kepley AUDIO CD #113 Media: When to Use and When Not to Use in Specific Cases – “Lights, Camera, Action”
What Type of Media to Use for Your Case? Developing Relationships With the Media Don’t Let the Media Use You: How to Develop and Preserve Your Message Keeping Your Message Consistent Coordinating a Large Audience Donna L. Lipinski, Enrique Arevalo, Ron Russell
MASTERS PROGRAM: EXPERIENCED PRACTITIONERS TRACK
AUDIO CD #114 Dealing with Adjudicatory Delays: "Don’t Just Do Something, Sit There!” Commencing Employment: What to do (or not) While the H, L, or O are Pending Nonimmigrant Transitions Transitioning Laid-Off Nonimmigrants Premium Processing: Is it Really the Deal of a Lifetime? Nonimmigrant to Immigrant Transitions: Pending Labor Certifications, Pending I-140’s and Seventh Year Extensions Strategies to Deal With Nonimmigrant Expirations in Other Visa Categories Howard S. “Sam” Myers III, Lorna Rogers Burgess, H. Ronald Klasko
AUDIO CD #115 Social Group Persecution Claims: "The Impossible Dream??” Analysis of DHS Proposed Regulations on DV/Social Group Claims Summary and Analysis of DV Adjudications Before the Immigration Judges (IJs) Presenting Successful DV/Social Group Claims Before the DHS, IJs and BIA Latest Developments in International Law on DV/Social Group Claims and Their Impact on U.S. Asylum Law Gay, Lesbian and Transgender Claims and Their Relationship to DV Claims Interrelationship of DV Claims and Political Persecution Claims Karen Musalo, Helen A. Sklar, Deborah Anker
AUDIO CD #116 "Everything Old Is New”: Preparing and Presenting §212(c) Cases
St. Cyr and Beyond BIA Regulations as They Affect St. Cyr Circuit Law Across the Country What Are the Procedures for Reopening? Where and When to File? Daniel M. Kowalski, Traci Hong, Robert Pauw, Douglas S. Weigle AUDIO CD #117A & #117B Adjustment of Status vs. Consular Processing: Advanced Strategies for the Business Applicant
Concurrent Filing §106 and Concurrent Filing: Must One Wait for the I-140 to be Approved in Order to be Portable? Adjustment of Status and its Ancillary Applications To Adjust or Consular Process, That is the Question Deborah J. Notkin, Janet H. Cheetham, Tammy Fox-Isicoff, Lawrence H. Rudnick AUDIO CD #118A & #118B Post Conviction Relief: "Like a Bridge Over Troubled Water”
Habeas Corpus State Court Expungement and Dismissal Sealing the Conviction State and Federal Pardons Vacating Convictions Sentence ReductionsDan Kesselbrenner, Robert Frank, R. Wayne McMillan, Norton Tooby
OPEN FORUMS/ SPECIAL SECTIONS
AUDIO CD #119 Bureau of Customs and Border Protection (BCBP) Open Forum Gregg Rodgers, Jayson P. Ahern, Michael D. Cronin AUDIO CD #120 AILF Immigration Policy Center Briefing Benjamin Johnson, Stuart Anderson, Ted Ruthizer, Dan Siciliano AUDIO CD #121 Great Moments in Immigration History: The Carlos Marcello Deportation Case Frank D. Winston, Mark A. Mancini, Lory D. Roseberg
SUNDAY, JUNE 22
SUBSTANTIVE PRACTICE I
AUDIO CD #122 & #123 Constitutional Law and Civil Liberties Issues After 9/11 – What Remains of the Rule of Law Role and Independence of the Courts and the Impartiality of the Judicial Process Their Liberties, Our Securities Who are our Clients Who are our Political Allies? Is Registration a Form of Profiling and Does it Pass Constitutional Muster? Attorney/Client Privilege: Does it Still Exist? Excludes Asylum Protections and Provisions Reflecting the Need for Special Treatment of Unaccompanied Minors Will Overall Economic Security of the U.S. be Diminished by Efforts, Activities and Programs Aimed at Securing the Homeland Disparate Impact of National Security Procedures on Those of Middle Eastern Nationality Office of Civil Rights Children’s Affairs Lucas Guttentag, Eleanor Acer, Hiroshi Motomura, Mark Potok, Jim Zogby
SUBSTANTIVE PRACTICE II
AUDIO CD #124 & #125 Detention and Bond Issues for Business Practitioners Non-Criminal Aliens and Detention Legal Challenges to Detention After Demore v. Kim Parole Applications and other Possible Remedies Mark Manicini, Suzannah Maclay, Hiroko Kusuda
PLENARY WRAP-UP
AUDIO CD #126 Fall Out Affects of September 11 Around the World: "It’s a Small World After All” The Effects of 9/11 on Travel, Tourism, and Process Around the World Visiting the U.S.: How the World Sees New U.S. Policies and Procedures Reciprocity: What Can Americans Expect to Face While Traveling Abroad Benjamin Johnson, Joel S. Guberman, Ranjit Maholtra, Neil McHardy, Julia Onslow-Cole