Immigration for the Extraordinary: EB-1 Practice and Challenges-Downloadable Recording

Immigration for the Extraordinary: EB-1 Practice and Challenges-Downloadable Recording

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Immigration for the Extraordinary: EB-1 Practice and Challenges

This 90 minute web seminar was recorded live on April 29, 2014, from 2:00 pm-3:30 pm eastern time.

Our immigration laws create certain provisions that lead to permanent residence for scientists and other professionals of extraordinary ability whose outstanding achievements in their fields serve the national interest. These provisions enable a foreign national to self-petition, and to avoid the EB-2 immigrant visa backlog for natives of oversubscribed countries. But with these benefits comes the daunting challenge of addressing the discretion exercised by USCIS adjudicators as they determine which cases actually serve the national interest. Among the topics to be covered are:

  • Strategic Considerations in Client Intake
  • Current Status of the Kazarian Merits Determination
  • Addressing USCIS Discretion
  • Mobilizing Outside Referees and Informational Sources for Your Client
  • Working with the Foreign National's Mentor to Create an Effective Partnership
  • Defining What Is Nationally Important


CLE Information

AILA will administer CLE credit to individuals who download this recording through Agora only; the invoice is used as a form of CLE verification.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, please visit the CLE Center. Your jurisdiction may limit OnDemand credit depending on the date of the original presentation. Please view the OnDemand Downloadable and CD-Rom Expiration Chart for more details.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, please contact us at

  1. The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: AR, IA, KS, MN, and TN. In addition, although the Downloadable format may be approved, the CD format is not eligible for CLE credit in the following states: IN, MS, SC, and VA.
  2. AILA applies for accreditation upon attorneys request after participation for the following states: DE, KY, RI, VA, and WY. Programs are typically approved.
  3. Attorneys must apply individually for approval of OnDemand programs in the following states: FL, ID, ND, and UT.

To receive CLE credit, attorneys must record sessions attended and the CLE codes provided via webCLE. Please view the webCLE instruction sheet for details.


This product contains digital goods. All digital goods (MP3, PDF, ZIP. Etc.) are available for downloading from your digital library for two years from the date of purchase.


Nathan A. Waxman (dl), New York, NY
Nathan Waxman, an AILA member since 1985, has written extensively about, lectured on, and handled NIW and EB-1 cases since the 1990s. Nathan has been recognized by Superlawyers, Best Lawyers in America, and International Who's Who, Corporate Law. Nathan came to immigration practice from graduate study in philosophy and Sanskrit. His national immigration practice is based in New York City. He can be reached at

Dan H. Berger, Northampton, MA
Dan H. Berger is a frequent speaker at colleges, universities, and nonprofits on immigration issues. He won the 1995 American Immigration Lawyers Association (AILA) annual writing competition for an article on INS policies toward international adoptions. Mr. Berger has also been editor for the Immigration and Nationality Law Handbook since 2000, Immigration Options for Academics and Researcher (2005 and 2011 editions), International Adoption Sourcebook, Diplomatic Visa Guide and an AILA Monograph on d3 waivers. He has served in many liaison positions through AILA, and has written a review of legal issues for those who obtained DACA. Mr. Berger developed his interest in immigration in college, where he studied immigration history and taught English adult refugees. He is a graduate of Harvard College and Cornell Law School.

Yvonne A. Toy, San Francisco, CA
Yvonne A. Toy is a Senior Associate at Berry Appleman & Leiden LLP. Ms. Toy’s practice includes both nonimmigrant and immigrant employment-based matters, specializing in EB-1. She has been invited by AILA and NAFSA to speak on immigration-related matters and has served as Associate Editor for AILA CA Chapter Conference.

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