THE CONSULAR POSTS BOOK
Editor: Rami D. Fakhoury
Contributors: Poorvi Chothani, Steven A. Culbreath, Dharamchand Depoo, Marc Ellis, Vic Goel, Edward S. Gudeon, Magdale Labbe Henke, Frederick W. Hong, Christi Hufford, C. Valerie Ibe, Priscilla J. Jones, Noah Klug, Jose E. Latour, Lesa Lawrence, Adam Lee, Mark Levey, Jakob Lipman, Susan Willis McFadden, Christy Nguyen, Claire D. Nilson, Curtis Pierce, Luis A. Pinilla, Jessica L. Rodriguez, Kristina Rost, Emmanuel S. Tipon, Alice Yardum-Hunter
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Expected publication date: December 2013
TABLE OF CONTENTSPART I. MAJOR CONSULAR POSTS
Chapter 1: Argentina
Chapter 2: Armenia
Chapter 3: Australia
Chapter 4: Brazil
Chapter 5: Canada
Chapter 6: China
Chapter 7: Colombia
Chapter 8: France
Chapter 9: Germany
Chapter 10: Haiti
Chapter 11: India
Chapter 12: Jamaica
Chapter 13: Nigeria
Chapter 14: Philippines
Chapter 15: Taiwan
Chapter 16: Trinidad and Tobago
Chapter 17: United Kingdom
Chapter 18: Vietnam
PART II. THEORY AND PRACTICE
Chapter 1: Introduction
Chapter 2: New Attorney Vulnerabilities in International Practice
Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
Chapter 8: The Consular Role in L-1 Blanket Petitions
Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
Chapter 14: A Template for Attorney Risk-Assessment
PART III. RESOURCE MATERIALS ON CD-ROMHundreds of relevant Statues/Regulations, Forms, FAM Provisions, Executive Orders, documents from DoC, DHS, DoJ, DoL, DoT, DoS, useful weblinks.
Rami D. Fakhoury is a managing partner of the AV-rated Fakhoury Law Group PC, representing some of the largest global users of US employment-based visas. His practice focuses on business-based employment immigration, with a concentration in the information technology and engineering sectors; among his clientele are health-care workers, investors, academics, and individuals of extraordinary and exceptional ability. In this era of strict enforcement, Mr Fakhoury provides a fully coordinated, expert approach to compliance risk assessments and risk management with a concentration on comprehensive compliance and audit procedures. He and his firm have successfully handled the most difficult legal challenges that confront H, L, E, and O visas and other business immigration employers, including relocation, international taxation and related compliance issues. Mr Fakhoury has distinguished himself as a pioneering innovator throughout his career. He has been counsel for clients at US consulates abroad and is an international lecturer and fellow for the Center for International Legal Studies (CILS); a moderator and leader of the ILW.COM seminars on immigration and consular processing; a policy and compliance liaison for Techserve Alliance on US immigration laws; and a member of the immigration section of the International Bar Association. Mr Fakhoury has also presented and written authoritative articles on immigration issues, the International Law Office's business immigration newsletters; and for an upcoming book entitled Beyond Basics - Dealing with Complicated Business Immigration Issues. This immigration practitioner, cited in the Who's Who Among American Lawyers, International Who's Who in Corporate Immigration Law and and whose firm was chosen as the Global Immigration Firm of the year, is a member of the State Bar of Michigan (international law section); TechAmerica's immigration law committee; the American Immigration Lawyers Association; the International Business Association's immigration law committee. He is a fellow of the Center of International Legal Studies in Salzburg, Austria, a member of the Order of St Ignatius and a global charter member of TiE Global.
Poorvi Chothani is active in the Indian Merchant's Chamber and is involved in organizing and speaking at several law related events in Mumbai, Bangalore and New Delhi. The media often seek Poorvi's opinions on issues of immigration (U.S. and Indian) and intellectual property. She is often quoted in the Economic Times, India's leading business daily and on radio and CNBC- TV 18 and Zee Business News. Poorvi speaks at events organized by India's premier, national organizations including the Federation of Indian Chambers of Commerce and the Confederation of Indian Industries, the Federation of Indian Exporters to name a few. She was recently one of the nominees for a national award. Poorvi has taught general law and intellectual property law at various educational institutes in Mumbai including at Temple University's, undergraduate, partnership program in India, the Government Law College, the H.R. College of Commerce and the Jai Hind College of Commerce and Economics, leading institutes in Mumbai.Steven A. Culbreath is member of the Florida Bar and has been practicing U.S. immigration law since 2003 and is a member of AILA. Having spent about 20 years in Germany, he is a native-speaker of German. He is a 1998 graduate from the University of South Florida cum laude with a B.A. in Political Science and Int'l Affairs and a 2000 graduate from Stetson University College of Law. Mr. Culbreath's immigration practice is located in St. Petersburg, Florida, in the greater Tampa Bay metropolitan area. As an experienced immigration attorney, his cases revolve primarily around business- and employment-based immigration, assisting clients with living, working and conducting business in the United States. Mr. Culbreath has authored many articles (online and in print) on various aspects of U.S. immigration law, including visa strategies, legislative and regulatory updates, de-mystifying government agencies, and providing insight into DHS and DOS practices. He also maintains a blog on immigration law and related topics. He also frequently writes and publishes his works in German. Dharamchand "Randy" Depoo is the Managing Partner at Depoo & Associates, which has offices in Port of Spain, Trinidad and Tobago and Guyana. His firm focuses on business immigration, with emphasis on E, H, L, O and P visas. It engages in consular practice in Trinidad and Guyana. Mr. Depoo graduated from Rutgers University Law School in 1983 and commenced his legal career at the Public Defender's Office in New Jersey. He joined the U.S. State Department in 1986 as consular office and had postings in Manila, Caracas, Toronto, Washington, D.C., and Port of Spain. He obtained a Legal Education Certificate from the Hugh Wooding Law School in Trinidad in 1987, and is a member of the New Jersey, Trinidad and Tobago, and Guyana bars. He is a member of the American Immigration Lawyers Association and writes extensively on immigration law.
Vic Goel is the founder and Managing Attorney of Goel & Anderson, LLC. In this capacity, he oversees the operations of G&As business immigration practice, while also representing domestic and foreign clients in a wide range of immigration matters. His practice includes strategic immigration planning concerning the recruitment and hiring of international professionals, skilled technicians, managers, executives, and students. His clientele includes multinational information technology companies, telecommunications providers, biotech and engineering firms, financial institutions, manufacturing entities, and luxury hotel chains that rely on international personnel to meet their staffing needs worldwide. He is an active speaker and writer on immigration law. His articles and quotes have appeared in such prestigious publications as the Wall Street Journal, the Washington Post, CNN.com, ComputerWorld, SiliconIndia, the Times of India, India Abroad and others. He is a longtime member of the American Immigration Lawyer's Association, the Information Technology Association of America's Immigration Policy Committee, the Compete America coalition, and the Society for Human Resource Management. He is admitted to practice in the District of Columbia and Pennsylvania.
Edward S. Gudeon is a partner in the London-based firm of Gudeon & McFadden. He graduated from Bucknell University (BA political science, 1962) and Fordham Law School (LLB, 1965) and was admitted to the State Bar of New York in 1965. Mr Gudeon has practiced exclusively US immigration and nationality law in London since 1978. His principal experience is in the areas of consular processing of nonimmigrant and immigrant visas, waivers of ineligibility, family-based immigration, visas for business personnel and members of the entertainment industry, maintenance of permanent resident status, and acquisition and loss of US citizenship. Mr Gudeon has been an AILA member since 1979 and is listed in the International Who's Who of Corporate Immigration Lawyers.Magdale Labbe Henke is the Principal of MLH Consular Consulting, a U.S. and global immigration law consulting firm based in Munich, Germany. Mrs. Henke, whose family emigrated from Haiti, is a native of Brooklyn, New York. Before moving to Germany in 2006 and starting her own practice, she practiced labor, employment and immigration law at Proskauer Rose LLP in New Jersey. A summa cum laude graduate of Touro College Jacob D. Fuchsberg Law Center in New York, she was admitted to the New York and New Jersey Bars in 2001. She is also admitted as a Solicitor of the Supreme Court of England and Wales. Mrs. Henke received a Master of International Affairs from Columbia University, and received a B.A. with High Honors in German and Linguistics at Dartmouth College. Mrs. Henke is a member of the AILA Rome Chapter, serving on its Consular Liaison and CLE Committees. She also participates in the AILA Military Assistance Program (MAP), where she provides pro bono immigration law assistance to U.S. military personnel and their families in Germany. Prior to practicing law, Mrs. Henke worked in the sports media industry, including for CBS Sports and the National Hockey League in New York. She is also a published poet. Frederick W. Hong practice on international transactions and economic matters. He has represented multinational companies headquartered in Hong Kong, Taiwan and the PRC in their business transactions in the U.S. as well as U.S. companies transacting business in the Asia Pacific Region. He a Juris Doctor degree from Loyola University School of Law, Los Angeles in 1975 and a B.A. degree in Economics from the University of California at Berkeley in 1972. Mr. Hong has been an active member of the State Bar of California since 1977.
Christi Hufford is an associate attorney in the Memphis office of Siskind Susser PC. Prior to joining the firm in 2007, she headed the US immigration practice at CMS Cameron McKenna LLP in London, UK. Christi practices exclusively in the area of corporate immigration, focusing on intracompany transfers, investors and business visitors, with particular emphasis on NIV consular processing. She also manages a large volume of petitions for professional sports teams. Christi has significant experience with US Embassies and Consulates worldwide, and is a regular speaker on the topic of NIV consular processing. Christi is currently serving as the Mid-South Chapter Liaison to the New Member Division Steering Committee. Christi may be reached via email at firstname.lastname@example.org.C. Valerie Ibe practices law at the Law offices of C. Valerie Ibe in West Hills, California. She is admitted to practice law in the State of California & Federal Court, Central District of California and in the State of New York. She specializes in Immigration law (deportation/removal proceedings, immigrant/non-immigrant visas, citizenships & naturalizations.) Other practice areas include corporate law (domestic and foreign), taxation, estate planning and personal Injury. She was born in Buffalo, New York. She spent her childhood in Nigeria, where she obtained a Bachelor of Law degree. She later came to the United States and received her Masters in Business Administration from Morgan State University in Baltimore, MD. She is also a Certified Public Accountant. Ms Ibe has held a number of accounting, auditing and finance positions over the years. She is a member of the San Fernando Valley Bar Association, Los Angeles County Bar Association, National Immigration Project, American Immigration and American Civil Liberties Union. She enjoys travelling, watching movies when she is not working. Ms. Valerie Ibe can be contacted via e-mail at Valerie@cvalerieibe-law.com.
Priscilla J. Jones is a graduate of the University of Michigan and the Detroit College of Law/Michigan State University (JD), where she was a member of the Detroit College of Law Review and recipient of the Jurisprudence Book Award in Property I. She has devoted her legal career exclusively to Immigration & Nationality law with particular focus on Business Immigration. She has extensive experience in advising and representing researchers, professors and scholars in their quest for permanent residence; handling family/marriage cases; providing guidance to companies regarding intracompany transfers, NAFTA, specialty occupation and business visas. Ms. Jones worked as corporate immigration counsel for an IT company and advised corporate executives on issues regarding foreign professional workers; I-9 compliance matters; labor certification requirements and procedures and made appearances at the USCIS offices and ports of entry to assist foreign nationals with their immigration matters. She has also handled removal matters and made appearances before Immigration Judges. Her articles and book chapter have been published and she has been invited to speak at legal and business seminars on Immigration issues. She is a member of the State Bar of Michigan, the American Immigration Lawyers Association (AILA), the Colorado and Michigan Chapters of AILA, and is authorized to practice in the US Federal District Courts (Eastern District of Michigan and Western District of Michigan), as well as in the US Circuit Court of Appeals (6th Cir.). She is a past Vice Chair, Michigan Chapter of AILA and past member of the INS Liaison Committee for the Michigan Chapter of AILA.Noah Klug is an attorney with the law firm Fragomen, based in the firm's Sydney office. Noah is a member of the Fragomen Consular Practice, a group which specializes in consular issues, strategically stationed at various overseas Fragomen offices. He is a graduate of New York University (Bachelors) and Fordham University School of Law (Juris Doctor), and is admitted to practice law by the State of New York. Prior to joining Fragomen, Noah was employed as an Attorney-Advisor with the U.S. Department of Justice, Executive Office for Immigration Review, having entered that position via the U.S. Attorney General's Honors Program. He may be reached at email@example.com. The author wishes to thank Joshua Morris, NIV Chief, and Thurmond Borden, Country Consular Coordinator, for their extremely kind assistance and input in preparing this article.
José E. Latour practices international and immigration law through his firm, Latourlaw, P.A. He served as a U.S. Diplomatic and Consular Officer in Mexico and Equatorial Guinea, West Africa upon graduating from the University of Florida College of Law. He began private law practice in the U.S. in 1990 and has since concentrated on business immigration law, corporate immigration compliance, and consular law. Mr. Latour is A/V rated by Martindale-Hubble and has received diverse awards and distinctions throughout his legal career from organizations including Inc. Magazine, Florida Trend Magazine, and Cisco Systems. He is a member of the Florida Bar and the American Immigration Lawyers Association as well as a voting member of the National Academy of Recording Arts and Sciences. Mr. Latour is the author of www.immigrationinsider.com, a blog focusing on corporate immigration compliance and operates www.usvisaprep.net, an online visa interview consultation service catering to the outbound clients of fellow AILA members. He is co-founder and General Counsel of One World Development Group, an NGO which works in malaria eradication in West Africa. He also serves as Compliance Counsel to www.i9advantage.com, the nation's leading provider of workforce compliance products and services to the Fortune 500.Lesa M. Lawrence is an associate at Wasserman, Mancini & Chang. Her practice of expertise is Immigration and Naturalization. Lesa is a member of the American Immigration Lawyer's Association and admitted to the bar in New York, Connecticut and Ontario (Law Society of Upper Canada).
Adam Lee is an associate at Liman & Wolf, LLP. Prior to joining the firm, he was a corporate transactional attorney in Beijing, Shanghai and Taipei for Squire, Sanders & Dempsey LLP. Adam is fluent in Mandarin.
Mark Levey has 20 years immigration-related experience as a case manager, editor and international consultant. He has worked for major D.C. law firms and abroad as a USAID prime contractor Subject Matter Expert on immigration. Mr. Levey has numerous publications related to immigration law and procedure, global trade in services, and regulatory reform. He is former Associate Editor of Fragomen publications Immigration Law Reports and Chapter Author of the NAFSA Foreign Student Advisors Manual. Mr. Levey has prepared course materials for presenters at CLE courses sponsored by AILA, DC Bar Association, and the Inter-American Bar Association.Jakob Lipman has practiced immigration law for more than ten years. He has lectured on immigration related subjects in a variety of settings and has authored several articles on corporate immigration compliance and technology. He is a partner with Lipman & Wolf, LLP in Concord, California.
Susan Willis McFadden is a partner in the London-based firm of Gudeon and McFadden. She graduated from Pomona College (BA magna cum laude, Phi Beta Kappa) and Stanford Law School, and was admitted to the State Bar of Arizona in 1981. Ms McFadden has practiced US immigration and nationality law since 1993, representing corporate and individual clients on a broad range of temporary and permanent visa issues, and continued her practice in the field after moving to London in 1998. She is also admitted as a solicitor of the Supreme Court of England and Wales and is listed in the International Who's Who of Corporate Immigration Lawyers.
Christy Nguyen is a Supervising Attorney at Pearl Law Group in San Francisco, California. She has been passionate about immigration all her life, and has dedicated all of her professional and volunteer efforts to this field. She's been helping foreign nationals since 1997, practicing business immigration law since 2001 with prominent law firms. Christy was recently selected for inclusion in the International Who's Who of Corporate Immigration Lawyers 2008 and the Who’s Who Legal: California 2009. She is also certified by the Employee Relocation Council (ERC) as a Global Mobility Specialist (GMS). She graduated from the University of California Berkeley and the University of California, Hastings College of the Law in San Francisco. She is a member of the American Immigration Lawyers Association and the Asian American Bar Association of the Greater Bay Area, and is fluent in Vietnamese.
Claire D. Nilson is a Caribbean-based immigration attorney located in Trinidad, West Indies. She is a law lecturer at a Trinidadian tertiary educational institution. Prior to relocating to the Caribbean, Ms. Nilson worked as an immigration attorney with two prestigious law firms in New York City. She has been a member of the American Immigration Lawyers Association (AILA) since 2004 and previously served on AILA New York Chapter's Department of Labor Committee. Ms. Nilson is an Attorney admitted in New York State and a Solicitor (non-practising) of England & Wales.
Curtis Pierce is a Certified Specialist in Immigration & Nationality Law by the State Bar of California Board of Legal Specialization. He has successfully argued several cases before the Ninth Circuit Court of Appeals including Lopez v. INS, 184 F. 3d 1097 (9th Cir. 1999), Cardenas v. INS, 294 F.3d 1062 (9th. Cir. 2002) and Hoxha v. Ashcroft, 319 F.3d 1179 (9th Cir. 2003). He is a graduate of Loyola Law School and completed his undergraduate studies at UCLA. His firm’s website may be found at www.cpvisa.com.Luis A. Pinilla a Colombian Citizen, born in Bogota, 1978. Graduated from Rosario University School of Law, Abogado. 2001; Andes University, Postgraduate Program in Commercial Law, 2002; New York University School of Law, Master of Laws in General Legal Studies, 2003; Master of Laws in Corporate law, 2006; Member of the New York State Bar (2004). Member of the New York State Bar Association, 2004, and the American Immigration Lawyer Association, 2008. He is a Professor of Law at Rosario University in Bogota, Colombia. Partner of International Legal Advisors Ltd, a law firm specialized in providing US legal counseling to foreign investors. International Legal Advisors is a colombian agent for Kuck Casablanca LLC. Jessica L. Rodriguez is an Associate Attorney of Wasserman, Mancini, & Chang, P.C. Her practice of expertise are Immigration and Naturalization. She graduated from California State University of Los Angeles (B.A., 2000), George Washington University (J.D., 2003) and was born in Albuquerque, New Mexico. She was admitted to bar in 2003, California, and in 2004, District of Columbia. Ms. Rodriguez is member in American Immigration Lawyers Association and American Bar Association.
Kristina Rost is a partner at Maged & Rost and is the current Chair of the American Immigration Lawyers Association (AILA) Ethics and Professionalism Committee and Ethics Committee for the AILA New England Chapter. Before her appointment, Kristina served on the Committee for a number of years and had participated in numerous speaking engagements on ethical and practice management issues essential in any immigration law practice. Kristina also served as a co-Chair of the American Immigration Lawyers Association (AILA) Young Lawyers Division (NE Chapter)She regularly writes for an "Ask the Immigration Lawyer" page in New England monthly publication "Contact" and for her column at the weekly newspapers "Metro / Brazilian News" and national "Kurier / Russian Weekly Paper". Kristina is an author and a frequent presenter at AILA and other immigration-related conferences, panels, and MCLEs. She is a recipient of the Outstanding Immigration Lawyer award for outstanding legal service to immigrant communities in New England by the Brazilian Immigrant Center of Massachusetts and is named a Massachusetts Lawyers Weekly 2008 Up & Coming Lawyer and 2008 New England Super Lawyers - Rising Star.
Emmanuel S. Tipon is admitted to the U.S. Supreme Court Bar, New York Bar, and Philippine Bar. He holds a Master of Laws degree from Yale and a Bachelor of Laws degree from the University of the Philippines. He has practiced Immigration Law for more than 30 years in New York, California, and Hawaii. He served as an Immigration Officer. He writes law books for Thomson-Reuters, including Immigration Law Service, First Edition, a multi-volume practice-oriented encyclopedia of immigration law and procedure. He also writes immigration columns for several newspapers, and hosts a radio program discussing immigration issues. He has won all deportation cases handled and obtained approval of all visa petitions filed. Website: www.ImmigrationServicesUSA.com.
Alice Yardum-Hunter Certified Specialist and Former Commissioner, Board of Legal Specialization, California State Bar, has practiced business immigration law for 29 years. She has been honored as "Super Lawyer" every year since inception in 2004 for six years in a row. For 2008, she was additionally a "Corporate Counsel Super Lawyer." Alice is Secretary of the L.A. County Bar Association, Immigration Section and also serves as its Liaison with the Port of Los Angeles' U.S. Customs and Border Protection. Since 1984, she has been a member of the American Immigration Lawyers Assn, for which she has been a conference speaker and edited two books: California Chapters Conference Handbook and Practice Before the Department of Labor. In 2009, she wrote a chapter in ILW.COM's Consular Processing Handbook. In 2007, she was nominated as among the top 25 lawyers from amongst 9,000 practicing in the San Fernando Valley.
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