INA §218 authorizes the lawful admission into the United States of temporary, nonimmigrant (H-2A) workers to perform agricultural services of a temporary or seasonal nature usually lasting no longer than one year. Before the employer seeks approval from USCIS in its I-129 Petition for H-2A worker, it first must obtain the essential “TLC” (Temporary Labor Certification) from DOL. The practitioner must be knowledgeable of the multitude of governing regulations in order to completely, yet efficiently, prepare the H-2A application and effectively guide the agricultural employer through the myriad of H-2A steps, all in a compressed period of time. Our seasoned panelists will advise on “best-practices” in this highly-regulated and multi-faceted area of immigration law.

Featured Topics

• What Are the Program Requirements and Obligations of H-2A Employers or Agents?
• TLC Best Practice: Wages, Job Orders, Form 9142A, and Timing Your Case
• How to Prove to DOL That There Are Not Sufficient American Workers "Able, Willing, Qualified, and Available"
• Temporary Changes to H-2A Requirements Due to the COVID-19 National Emergency
• Updates on the Farm Workforce Modernization Act of 2019

Faculty

Loan T. Huynh (DL), Minneapolis, MN

Loan T. Huynh is a Shareholder at Fredrikson & Byron. Loan leads Fredrikson & Bryon’s Immigration Team’s I-9 and corporate immigration compliance practice and H-2 temporary worker practice. Loan has served as an expert witness on H-2 matters and has written extensively on immigration issues. She is on the board of the Advocates for Human Rights and has served on AILA’s DOL Liaison Committee since 2015.

Ashley Foret Dees, DOL Liaison Committee Vice Chair, Lake Charles, LA

Ashley Foret Dees is the owner and managing attorney at Ashley Foret Dees, LLC, where she practices immigration law in southwest Louisiana. She represents employers and individuals through the complex immigration process. Her practice includes many agricultural and seafood processing employers. She represents those businesses through the immigration processes including H-2A, H-2B, H-1B and PERM. She regularly speaks at the American Immigration Lawyers Association's (AILA) annual conferences and the AILA MidSouth Chapter conferences regarding H-2B and H-2A visas. Mrs. Dees serves as the Louisiana State Bar’s Annual Immigration Law Seminar chair and speaker and has served on the AILA National Pro Bono Committee. She currently serves as H-2 Chair on the AILA National Department of Labor Liaison Committee which she joined in 2016. She is also founder and Chair of the Louisiana State Bar Immigration Law Section.

Jeanne Malitz, San Diego, CA

Jeanne Malitz is the principal of Malitzlaw, Inc., a boutique law firm specializing in employment-based immigration matters. Malitzlaw, Inc. has a national presence representing employers on a wide variety of immigration-related matters with an emphasis on permanent labor certification and temporary labor certification for agricultural employers. Her practice also includes counseling on employment verification including E-Verify and I-9-related issues. Ms. Malitz participated on national committees including the American Immigration Lawyers’ Association (AILA) and the National Council of Agricultural Employers (NCAE). She was a member and former co-chair of AILA’s national Department of Labor Committee. Ms. Malitz is also a member of the International Network of Boutique Law Firms. Ms. Malitz received her B.A. degree from the University of San Diego (Magna Cum Laude, 1985) and her J.D. degree from the Boston University School of Law (1990). Ms. Malitz has been nominated as a San Diego “Top Lawyer” for the years 2013 to the present.

Leonard J. D'Arrigo, Albany, NY

Leonard J. D'Arrigo is Partner and Co-Leader of the Immigration Practice at Harris Beach, PLLC in Albany, NY where he specializes in employment-based immigration. L.J. is a recognized national leader in the processing of H-2B and H-2A visas for agricultural and seasonal employers. He maintains one of the largest attorney-managed H-2A/H-2B practices in the country. He is counsel to the largest commercial landscape company and the largest tree nursery in the U.S. He provides guidance to congressional leaders and organizations on H-2 legislation and compliance issues throughout the country.

Free Downloadable Seminar Recording Included with Live Registration 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.