Immigration Practice Under NAFTA and Other Free Trade Agreements, 3rd Ed.

Immigration Practice Under NAFTA and Other Free Trade Agreements, 3rd Ed.


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Immigration Practice Under NAFTA and Other Free Trade Agreements addresses the flow of business professionals and workers crossing North America's borders during the normal course of business and for employment. AILA's NAFTA manual also covers the U.S.-Singapore/Chile free trade agreements and their impact on U.S. immigration.


Now in its third edition, the NAFTAmanual provides invaluable sample support letters and checklists as well as guidance and critical information on moving individuals between countries, including:

  • Broad concepts of NAFTA
  • Laws that impact its implementation
  • Nonimmigrant business visitors
  • Temporary Entry Provisions
  • Processing applications at the POE for TNs, E-2s, and L-1s
  • Mexico Entry and Exit Requirements
  • and more!


“There is no other publication available that offers such hands-on guidance. Along with INS Inspector’s NAFTA Handbook, this volume presents comprehensive, critical information that will provide you with guidance in handling NAFTA cases and supply you with an overview of Canadian and Mexican laws from practitioners who know how important it is to share their knowledge and experience.”

—Editors-in-Chief, Janet H. Cheetham
William Z. Reich



ISBN: 1-570371-159-9
May 2006
248 pages

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Table Of Content

Preface

ABOUT THE CONTRIBUTORS

Kathleen Campbell Walker is a partner with the El Paso law firm of Kemp Smith LLP and chair of the Immigration Department. She is board-certified by the Texas Board of Legal Specialization in immigration and nationality law and serves as AILA’s first vice-president. She is also the chair of the Texas Board of Legal Specialization Immigration and Nationality Law Exam Committee. From 1999 to 2002, Ms. Campbell Walker served as the chair of AILA/DOS Liaison Committee. In 2000, she received an AILA Presidential Commendation for her DOS liaison work, and in 2002, she received the first AILA Advocacy Award. She has testified before the House and Senate Immigration subcommittees for AILA on the border securityrelated issues, including US-VISIT.


James D. Eiss is a former INS officer who has been practicing law in the Buffalo, New York area for the past 16 years.


Eric Fleischmann is a partner of Leete, Kosto & Wizner, LLP, a five-lawyer firm in Hartford that represents a wide range of entities in employment-related immigration matters. He received his bachelor’s degree from Yale College and his J.D. from the University of Virginia Law School. Mr. Fleischmann is a frequent speaker on business immigration and has written a number of articles on the subject, including “Shattering the Myth of Permanence: Permanent Portability Under AC21,” for AILA’s Immigration Law Today. He is listed in Best Lawyers in America.


Asher I. Frankel is a partner with the immigration law firm of Rekai Frankel LLP in Toronto. He is licensed in Florida and the province of Ontario, and he practices exclusively Canadian and U.S. business immigration law, including consular processing. Mr. Frankel has served as a past chair of the Canada Chapter of AILA and an executive member of the Canadian Bar Association (Ontario), Citizenship and Immigration Law Section. He has lectured and published widely in Canada and the United States on various aspects of Canadian and U.S. immigration laws.


Daniel P. Joyce is a partner at the law firm of Jaeckle, Fleischmann & Mugel LLP in Buffalo, New York. He has practiced extensively in the area of immigration law since the inception of the Canada-U.S. Free Trade Agreement in 1989. His undergraduate degree is from the University of Notre Dame, and he holds M.B.A. and J.D. degrees from the State University of New York at Buffalo. Mr. Joyce has been an AILA member for approximately 15 years and has served as vice-chair of the Upstate New York Chapter of AILA.


Kevin Lederman is a partner at the law firm of Cowan, Miller & Lederman in Seattle. He has practiced exclusively in the area of immigration law since 1991. Mr. Lederman graduated from the University of the Witwatersrand in Johannesburg, South Africa, with a Bachelor of Commerce in 1986, and he obtained his J.D. from the University of Washington in 1989. He is a former chairperson of the Washington Chapter of AILA and is listed in The Best Lawyers in America in the field of immigration law.


Mark T. Kenmore practices immigration law in Buffalo, New York, concentrating on defense of removal and border problems. Recent litigation includes Dalton v. Ashcroft. He is a graduate of the University of Chicago and New York University School of Law. Mr. Kenmore chairs the Upstate New York AILA Chapter and is listed in Best Lawyers in America for immigration topics.


José R. Perez, Jr. is a shareholder with the law firm Quan, Burdette and Perez, PC, in Houston. He is board-certified in immigration and nationality law by the Texas Board of Legal Specialization. A significant percentage of his practice is representing individual health care professionals and institutions. He serves on the Regional Industry Advisory Board for Advance for Nurses periodical. For the past two years, Mr. Perez has been selected as a Texas Super Lawyer.


Ann Pinchak is an attorney with Quan, Burdette and Perez, PC. She has practiced immigration and nationality law since 1984. Ms. Pinchak is a frequent speaker on immigration issues impacting foreign medical graduates and has served on AILA’s Physicians Task Force. She devotes a significant percentage of her practice to representing foreign medical graduates with waiver issues. Ms. Pinchak has been selected as a Texas Super Lawyer.


Danielle Rizzo is a third-year law student at the University at Buffalo and has been a paralegal for the Law Offices of James D. Eiss for the past four years.


Andrew M. Wilson is a partner in the immigration law firm Serotte, Reich & Wilson, LLP. Mr. Wilson graduated from Ridley College in St. Catharines, Ont., and received his B.A. from the University of New Hampshire and his J.D. from the State University of New York at Buffalo School of Law. He authored “TNs for Computer Professionals Under NAFTA” for AILA’s Immigration Practice & Procedure Under the North American Free Trade Agreement (Second ed. 2001). In addition, Mr. Wilson wrote “Living in America: A Canadian’s Guide to Understanding U.S. Immigration Law” for CCH Canadian Limited’s Cross- Border Relocation Law. He also has written articles for Computerworld and International HR Journal, and was interviewed by CBS MarketWatch on the subject of H- 1B legislation. In addition, Mr. Wilson speaks on various immigration issues at Society of Human Resource Managers (SHRM) conferences, and he serves as an Immigration Board Guide on Martindale- Hubbell’s lawyers.com website. Mr. Wilson is a member of the New York State bar, Erie County bar, AILA, SHRM, and he is listed in the Best Lawyers Consumer Guide for immigration law.


Andrew L. Wizner is a partner with Leete, Kosto & Wizner, LLP, a five-lawyer firm in Hartford that handles a variety of employment- based cases. Mr. Wizner received his bachelor’s from Georgetown University, studied at Universidad de Barcelona, and obtained his J.D. from Vanderbilt University. He is the author of several articles on temporary and permanent visas for The Connecticut Tech Tribune and is chairman of AILA’s Connecticut Chapter. Mr. Wizner is listed in Best Lawyers in America.


Barbara Wong Loughlin is an associate attorney in Berry, Appleman & Leiden’s San Francisco office. Ms. Wong Loughlin handles an array of business immigration matters, including nonimmigrant visa petitions for intracompany transferees, specialty occupations, trainees, and individuals of extraordinary ability. Ms. Wong Loughlin has participated as a speaker at immigration and business conferences for human resources personnel and in-house counsel. Ms. Wong Loughlin was awarded her B.A. in Political Science and Philosophy, magna cum laude, from the City University of New York at Hunter College in 1992. She earned her J.D. from St. John’s University School of Law in 1999. Ms. Wong Loughlin is licensed to practice law in New York and New Jersey.


ABOUT THE EDITORS

Editors-in-Chief
Janet H. Cheetham
has been practicing immigration law for over 20 years. She represents the international business community in bringing talented, hard-working employees to the United States. She also represents individuals seeking to join or remain in the United States with their family members, as well as become U.S. citizens. Ms. Cheetham has been listed in The Best Lawyers in America, Strathmore’s Who’s Who, Seattle’s Best Lawyers, and Washington Law & Politics’ Super Lawyer each year since its inception. She has also been selected as one of 2003’s Notable Women in America. Ms. Cheetham graduated from the University of Texas at Austin with high honors and received her J.D. magna cum laude from South Texas College of Law. She has been active in the American Immigration Lawyers Association and is board-certified in immigration law in Texas. Ms. Cheetham is currently the chair of the Immigration Department at Ryan, Swanson & Cleveland, PLLC and is a frequent speaker on immigration issues.


William Z. Reich is senior partner of the immigration law firm Serotte, Reich & Wilson, LLP, based in Buffalo, New York. He is a graduate of Queens College, CUNY, and the State University of New York at Buffalo School of Law. He coauthored two chapters on the “North American Free-Trade Agreement” and “Inspection and Entry; Procedure at the Border; Remedies; Penalties and Sanctions” for Gordon, Mailman, & Yale-Loehr’s Immigration Law and Procedure. A frequent lecturer and panelist at seminars and AILA conferences, Mr. Reich maintains an extensive practice in NAFTA business applications and border-problem cases, and he frequently rehabilitates NAFTA applications for other lawyers.


Associate Editors
Jill A. Apa
is an associate attorney in Serotte, Reich & Wilson, LLP. A graduate of the University of New Hampshire and Ohio Northern University Pettit College of Law, Ms. Apa previously served as a staff attorney at the Third District Court of Appeals for the State of Ohio, as well as an adjunct instructor of legal research and writing at Ohio Northern University. She concentrates her immigration practice on employment and border issues. Ms. Apa also has authored various professional articles, including the immigration chapter in Bender’s Homeland Security Deskbook, and she co-authored a chapter for the PERM Guidebook for Foreign Labor Certification, a LexisNexis publication featuring articles contributed by several members of the Academy of Business Immigration Lawyers.


Rachel Y. Han joined Ryan, Swanson & Cleveland, PLLC in Seattle in 2004, after receiving her J.D. from the University of Washington School of Law. Her practice is composed primarily of litigation and immigration matters. Ms. Han is admitted to practice law in Washington and is a member of the American Bar Association, the Washington Women Lawyers Association, the King County Bar Association, and the Asian Bar Association of Washington. She is also an active board member of the Korean American Bar Association of Washington and is currently serving on the board of directors as the secretary. Prior to attending law school, Ms. Han followed her passion for the German language and culture by living in Germany for four years. In 2001, she received a master of arts, magna cum laude, in Contemporary German Literature and English Philology from Albert-Ludwigs University in Freiburg im Breisgau, Germany. She is fluent in German and Korean, in addition to English. In her spare time, Ms. Han enjoys running, hiking, skiing, playing volleyball, and traveling. She has spent extensive time in various European countries, and her most recent travels include Australia and Honduras.

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