SEMINAR OUTLINE

FIRST Phone Session on Aug 8, 2001:

1. Strategic considerations when first taking on a potential H-1B case
   1. Strategic considerations for a first-time H-1B
      • Does the person qualify for an H-1B: specialty occupations, educational and work equivalency evaluations, degree mismatch issues
      • Ghosts of immigration past: grounds of inadmissibility, maintenance of status, etc.
      • Dual representation issues: Must you represent both parties? If yes, how do you do so properly?
      • Can you represent just one party? Attorney's fees issues; who is paying which fee?
      • Liquidated damages vs. penalty issues
      • Beyond the H-1B : Why it is important to think about green card options in the initial H-1B consultation
   2. Strategic considerations for existing H-1Bs changing jobs or employers
      • Many of the same issues as above
      • Different issues for existing H-1B: portability issues, INS policy guidance and DOL interim final rule, travel problems, I-9 issues, etc.
2. Late-breaking developments: H-1B premium processing; recent H-1B criminal cases

SECOND Phone Session on Sep 5, 2001:

1. Confirming that the H-1B employer meets the LCA attestation requirements (single employer, required wage, benefits, public access folder, posting, no-benching, recruitment and non-displacement)
2. Dependency issues that affect the dependent and non-dependent employer
3. Defining exempt H-1B workers
4. Using the I-129 to trump the LCA: How to disclose terms/conditions of employment on H-1B petition so as to limit DOL's arsenal of enforcement tools
5. Late-breaking developments -- new statutes, new rules, new policy interpretations

THIRD Phone Session on Oct 3, 2001:

1. Timing issues: working/traveling while an application is pending
2. Itinerant workers: definition of place of employment/worksite; 30/60 day rule; recordkeeping burden/posting issues
3. The impact of corporate reorganizations on H-1B status
4. Changed circumstances: layoffs, change in job duties, leaves of absence, terminations
5. H-1B portability issues
6. Extending H-1B status beyond the normal six-year limit
7. H-1Bs to green cards: the options
8. Late-breaking developments -- new statutes, new rules, new policy interpretations

For examples of in-depth answers by Mr. Paparelli and Mr. Yale-Loehr to H-1B questions click on the following questions:
Termination of H-1Bs from Employee's prespective:  Question 1
Termination of H-1Bs from Employer's perspective:   Question 2
Blanket LCA for H-1Bs:                                          Question 3

Citations for Session 1,          Citations for Session 2,          Citations for Session 3

ABOUT THE SPEAKERS

Angelo A. Paparelli has been practicing business-sponsored immigration law for over 20 years, and is the managing partner of Paparelli & Partners LLP in Irvine, California. He is a nationally recognized speaker, published author and leading expert on cutting-edge business-related immigration issues, including the immigration consequences of mergers, acquisitions, reorganizations and other business changes, consular visa practice, audits of employers' compliance with immigration and labor regulations, and employment-based work visas. Mr. Paparelli is certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization.

Stephen W. Yale-Loehr is co-author of Immigration Law and Procedure, the leading immigration law treatise, published by Matthew Bender & Company, Inc. He also teaches immigration law and refugee law at Cornell Law School, and is of counsel at True, Walsh & Miller in Ithaca, NY, where he practices immigration law. He also co-writes a bi-monthly column on immigration law for the New York Law Journal, and chairs the American Immigration Lawyers Association (AILA)'s Investor Committee and the Business Immigrant Visa Committee.

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