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Strategies & Considerations for Gaining H-1B Cap Exemption

December 12, 2013
Web Seminar

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Strategies & Considerations for Gaining H-1B Cap Exemption

This 90 minute web seminar was presented live on December 12, 2013, from 2:00 pm-3:30 pm eastern time.

Given that the H-1B quota has long been filled, we again face the daunting task of exploring strategies to file H-1B petitions on a cap-exempt basis. The challenge becomes all the more complex because USCIS has yet to comprehensively define “related or affiliated” entity to an institution of higher education. Yet, in many cases, there are legitimate grounds for advocating for cap-exempt treatment, and the goal is to ensure that these arguments are fully and fairly considered. Join the panel of experienced practitioners as they discuss the following topics:

  • Status of the Aytes Memo and Its Definition of “Affiliated or Related Nonprofit Entity”
  • Defining and Refining the Definition of Institution of Higher Education
  • Concepts of Concurrent Employment
  • Impact of Waivers on Claims to Cap Exemption
  • Strategic Pros and Cons of Claiming Cap Exemption from Having Been Previously Counted Against the Cap


Robert D. Aronson (dl), Minneapolis, MN
Robert D. Aronson is the Managing Attorney of Aronson & Associates. He has been practicing exclusively in the field of immigration law - and, in particular, employment-based immigration law - as a member of the firm since 1986. He brings passion, creativity, and a profound sense of client service to his immigration law practice. He is widely regarded as one of the leading immigration lawyers in the United States, and has developed a large national practice serving a broad range of foreign nationals and their employers, drawn from diverse economic sectors and geographic regions. He is particularly prominent in immigration law and policy for International Medical Graduates, which is one specific sub-set of employment-based immigration.

Joseph P. Curran, Northampton, MA
Joseph P. Curran is a partner with Curran & Berger LLP, and an AILA member since 1987. He focuses primarily on employment and health care matters in the New England area. Mr. Curran frequently lectures on specialized business topics to lawyers, business groups, health care facilities, and academic institutions throughout the US.

Rita Sostrin, AILA CSC Service Center Liaison Chair, Encino, CA Rita Sostrin is a partner at Sostrin Immigration Lawyers, LLP in Los Angeles. Ms. Sostrin focuses her practice on immigration of individuals of extraordinary abilities, including physicians, academics, artists, and entertainers. She is a regular speaker and writer on advanced immigration law topics. Ms. Sostrin is chair of AILA's California Service Center Liaison Committee, a member of AILA's Service Center Operations Committee, an editor of the Immigration & Nationality Law Handbook, and a member of AILA's Periodicals Review Board. In 2008, she was honored with AILA's Presidential Award for her outstanding contributions. She is included in the International Who's Who of Corporate Immigration Lawyers and Chambers USA.

Seminar Recording

Included with registration, participants in the live seminar will receive a free downloadable recording of the seminar. It will be available in participant's Agora Digital Library approximately 4-7 business days from the seminar date.

Registration & Pricing

  Registration Price
AILA Member/International Associates $129.00
AILA Members’ Paralegals $129.00
AILA Nonprofit Members $129.00
AILA Law Student Members $129.00
Nonmember Attorneys $199.00
Other Nonmembers $199.00
Nonprofit Nonmembers $199.00
Nonmember Law Students $199.00

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If you register online, do not also mail in a registration form.

The "Strategies & Considerations for Gaining H-1B Cap Exemption" audio seminar takes place Thursday, December 12, 2013, at the times noted below:

  • 2:00 pm-3:30 pm eastern time
  • 1:00 pm-2:30 pm central time
  • 12:00 pm-1:30 pm mountain time
  • 11:00 am-12:30 pm pacific time

The registration deadline for this seminar is 11:59 pm ET on 12/11/2013.

Tuition Assistance

Full and partial tuition assistance will be offered to participants based on need and availability for all audio and web seminars. Please complete the tuition assistance application for consideration.

CLE Credit

AILA will file for CLE and specialized credit in all jurisdictions with mandatory CLE and specialized requirements. More details about specific approvals will be available here closer to the seminar date.

Cancellation Policy

Cancellations: No refunds will be given after the seminar has started.

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