Immigration Law Basics and More

  • Sponsored with the cooperation of the:
    American Immigration Lawyers Association (AILA)
    ABA Section of Labor and Employment Law’s Immigration Law Committee
  • Thursday-Friday
  • May 4-5, 2006
  • Westin Embassy Row
  • Washington, DC

Available Online: | MP3 Downloads | Coursebook

Why Attend?

The immigration laws seem destined to remain forever in a state of flux. As part of the war on terrorism, the Department of Homeland Security has developed new procedures and new interpretations that have altered even the most familiar landmarks of immigration practice. The Department of Labor has launched an entirely new process for sponsorship of employees for permanent residence (PERM). The H-1B visa program for temporary professional workers remains in the news, as quotas for these workers were exceeded two months before the current fiscal year began. Consequently, employers and counsel are facing the prospect of doing without such employees for 14 months. The President appears committed to major changes affecting undocumented workers, but the Congress appears divided on the subject, with the House exclusively focused on draconian border security measures and the Senate interested in more balanced reform.

Regardless of any action taken by Congress, it is very important for practitioners in this area to understand the complexities and shortcomings of the current system, as well as the range of possibilities presented by potential solutions. 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 and policy. To compete in an increasingly global personnel market, U.S. companies must employ 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 family status can also have significant immigration consequences. In short, understanding immigration basics is an important first step in the development of sound business and human resources strategy.

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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 combines 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, including immigration practitioners who want to refresh their general overview of the field. It is designed both to provide basic knowledge to the uninitiated and to enable those with some experience to increase their knowledge.

The course begins with an introduction to the practice, including general concepts and a review of the agencies involved with and the processes governed by the immigration laws. A faculty of seasoned practitioners then provides 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. The course also 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 filing for naturalization to U.S. citizenship.

Each aspect of the course includes attention to ethical considerations. Ample opportunity is provided for interactive discussion of questions raised by registrants.

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Planning Chairs

Daryl R. Buffenstein, Paul, Hastings, Janofsky & Walker, LLP, Atlanta; Past President and former General Counsel, American Immigration Lawyers Association

Laura L. Lichter, Lichter & Associates, P.C., Denver; Director, Board of Governors, American Immigration Lawyers Association

Karen B. Koenig, Paul, Hastings, Janofsky & Walker LLP, Atlanta; Co-Chair, Immigration Law Committee, ABA Section of Labor and Employment Law

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Faculty

Margaret A. Catillaz, Harter, Secrest & Emery LLP, Rochester, New York

Marshall D. Fitz, Director of Advocacy, American Immigration Lawyers Association, Washington, D.C.

Jonathan S. Greene, Howanski & Greene, LLC, Towson, Maryland

Andrew B. Greenfield, Fragomen, Del Rey, Bernsen & Loewy, LLP, Washington, D.C.

Denise C. Hammond, Law Office of Denise C. Hammond, PC, North Potomac, Maryland

Mary E. Kramer, Mary E. Kramer, PA, Miami

Deborah J. Notkin, Barst & Mukamal LLP, New York; President, American Immigration Lawyers Association

Eleanor Pelta, Morgan, Lewis & Bockius, LLP, Washington, D.C.

Lory Diana Rosenberg, IDEA—Immigration Defense & Expert Assistance, Rockville Maryland; Director, Board of Governors, American Immigration Lawyers Association

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

Crystal L. Williams, Deputy Director, American Immigration Lawyers Association, Washington, D.C.

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Program Schedule

Thursday, May 4, 2006

  • 7:45 a.m. Registration and Continental Breakfast
  • 8:45 a.m. Introductory Remarks and Course Overview – Mss. Lichter and Koenig
  • 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. Notkin
  • 9:40 a.m. Protecting the Employer: I-9 requirements, employer sanctions, verification, discrimination, and other compliance issues – Ms. Schoonover
  • 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 – Mr. Greene
  • 11:15 a.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
  • 12:00 noon Lunch Break
  • 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) – Mr. Greenfield and Ms. Hammond
  • 2:35 p.m. Obtaining Permanent Residence through Labor Certification: Processing under PERM – Ms. Pelta
  • 3:20 p.m. Networking Break
  • 3:35 p.m. Avoiding Labor Certification: priority workers and national interest waivers – Ms. Koenig
  • 4:15 p.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
  • 5:15 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty

Friday, May 5, 2006

  • 8:30 a.m. Continental Breakfast
  • 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. Catillaz
  • 10:20 a.m. Networking Break
  • 10:35 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 and Ms. Williams
  • 11:45 a.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
  • 12:15 p.m. Lunch Break
  • 1:45 p.m. Practicing before the Immigration Court: Crimes and other grounds of removal, custody, and applications for relief – Mss. Kramer and Rosenberg
  • 3:00 p.m. Naturalization to U.S. Citizenship: Good moral character, residency, derivative naturalization, and automatic citizenship – Ms. Sabagh
  • 3:30 p.m. Interactive Discussion of Topical Hypotheticals; Questions and Answers
  • 4:15 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

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Here's what registrants have said about this course:

High marks. A superb program.

I thought this course was a great way to get an overall picture of immigration law. As a beginner in the field I appreciated the level at which the lecturers maintained the course. Terminology was defined at the outset and all questions were welcomed. The reading material was fantastic.

This course was excellent. I enjoyed the format and the hypotheticals were extremely helpful.

This was excellent. As a solo adoption attorney, more and more of my cases involve immigration. The course provided a great foundation for a subject which I didn’t have in law school.

Probably best organized and presented I have attended.

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