Business Immigration: Law & Practice, 2nd Ed. (eBook)

Business Immigration: Law & Practice, 2nd Ed. (eBook)

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Release Date 8/25/17
ISBN 978-1-57370-475-x
Length 2470
Format ePub
SKU 54-75

Business Immigration: Law & Practice, 2nd Ed. by Daryl Buffenstein, Bo Cooper, Kevin Miner, and Crystal Williams is the must-have treatise if you practice employment-based immigration law.

Not only does it tackle the applications lawyers routinely handle, such as H-1B, L-1, E-1/E-2, and labor certifications, it also covers matters you'll only encounter every so often, such as E-3, J-1, and H-3 visas.

Where other references will tell you how to file a case, Business Immigration shows you how to lawyer a case! If you are a new attorney, it will provide you with the legal underpinnings you need to become a topnotch business immigration lawyer. For those at the midpoint of their career, this book will explore the more complex and sophisticated issues you're now facing. The more experienced lawyer will also benefit from the citations you need to prove your case, including non-precedent administrative decisions and adjudicative trends.

The second edition of this two-volume resource covers:

  • National Interest Waivers (Goodbye NYSDOT, Hello Dhanasar)
  • Application of Kazarian Beyond the EB1-1 Context
  • New Rules on AC21 Portability (H-1B and Permanent)
  • New Rules on ACWIA Fee and Cap Exemptions (“Related or Affiliated” and “Employed At”)
  • STEM OPT Regulations and New Employer Obligations
  • USCIS Adjudicative Trend: Finding Positions with Level 1 Wages Not to Be Specialty
  • Effect of Revocation of I-140
  • H-4 Work Authorization
  • New 60-Day Grace Period
  • Material Change and Matter of Simeio Solutions
  • Prevailing Wage and Combination of Occupations
  • Prevailing Wage and “All Other” SOC Categories
  • Harmless Error on Labor Certifications: HealthAmerica to Simply Soup and Beyond
  • The Latest on Kellogg Language
  • Labor Certification Travel Requirements
  • Dealing with SWA Job Order Errors on PERMs
  • New H-2B Regulations
  • Physicians NIWs and Matter of H-V-P-
  • Nurses’ Eligibility for H-1B
  • Function Managers and Matter of Z-A-
  • L-1Bs and Third-Party Placements
  • The Interplay of Final Action Dates and Traditional Cut-off Dates for When to File Adjustment of Status
  • CSPA and “Sought to Acquire”

If you want a resource that will not only tell you what to do, but why do it, or if you’re in need of a go-to reference when replying to an RFE or an audit, or when filing an appeal, you need Business Immigration: Law & Practice. Order your copy today!

Daryl Buffenstein is a past president of the American Immigration Lawyers Association (AILA), and also served a four-year term as AILA's general counsel. He has been a trusted immigration advisor to business for over 35 years. He has testified on numerous occasions before Congress on business immigration issues and has written key business provisions in most major pieces of immigration legislation over the past 25 years. As AILA president, Mr. Buffenstein led a successful national campaign to defend legal immigration. He was the recipient of AILA's Founders Award, which honors the person or entity having the most significant impact on immigration in the preceding year. He was one of the original founders of the Business Immigration Coalition, a predecessor of Compete America, the alliance of major national business organizations dedicated to business immigration reform. Mr. Buffenstein repeatedly has been named one of the country's top immigration lawyers in the Human Resource Executive/ Lawdragon listing of the Most Powerful Employment Lawyers in America, and in numerous other listings such as Best Lawyers in America, Who's Who in American Law, and the International Who's Who in Business Law. Mr. Buffenstein is a partner in the Atlanta office of Fragomen, Del Rey, Bernsen & Loewy, LLP.

Bo Cooper had a prominent career in government before private practice, serving as general counsel of the Immigration and Naturalization Service during two administrations. He was twice the recipient of the Commissioner's Exceptional Service Award, the agency's most prestigious award. On behalf of the United States, Mr. Cooper was involved in negotiating immigration-related agreements with other governments and was frequently a U.S. delegate to international organizations. After leaving government, he headed Paul Hastings' Washington, D.C., immigration practice and now manages the Government Strategies and Compliance Group at Fragomen, Del Rey, Bernsen & Loewy, LLP in the Firm's Washington, D.C., office. Mr. Cooper provides strategic immigration advice and representation to a wide variety of businesses and organizations as well as immigration regulatory and legislative assistance. He is also an expert in compliance, government investigations, and complex asylum and other individual matters. He has testified frequently before Congress, has served as amicus on immigrant matters before the U.S. Supreme Court, and has made many television, radio, and print media appearances. He has taught immigration law at the University of Michigan Law School, the Georgetown University Law Center, and the Washington College of Law at American University. Mr. Cooper received his Juris Doctorate from Tulane University Law School and clerked for the Chief Justice of the High Court of American Samoa. He also has been recognized repeatedly as one of the nation's top immigration counsel, in the Human Resource Executive/Lawdragon listing of the Most Powerful Employment Lawyers in America, and in other national and global listings.

Kevin Miner is a Partner in the Atlanta office of Fragomen, Del Rey, Bernsen & Loewy, LLP. His practice includes working with clients to develop effective strategies for business immigration, including all aspects of nonimmigrant visas for high-skilled workers, the PERM labor certification process, immigrant petitions, consular processing, and adjustment of status. He also has extensive experience in immigration compliance matters, and has represented Fortune 500 companies in U.S. Department of Labor (DOL) Labor Condition Application compliance audits. Mr. Miner serves as an Elected Director on the Board of Governors of AILA, where he participates in governance of the association and is actively involved with shaping the Association's approach toward highskilled immigration reform. He has been part of the AILA Liaison Committee with the Department of Labor since 2012, and served as Chair of the committee from 2015 to 2017. Mr. Miner has been listed among the Top 40 Up and Coming Employment Lawyers in 2016 and 2017 by Human Resource Executive/LawDragon, and has been listed in Who's Who Legal and Best Lawyers in America. Mr. Miner holds a JD from The College of William & Mary, Marshall-Wythe School of Law, where he served as Managing Editor of the Administrative Law Review.

Sarah K. Peterson (author of the National Interest Waivers section) is the founder of SPS Immigration PLLC based in Minneapolis, MN. Her employment-based practice focuses on physicians, academia, start-ups, and high-tech companies. Sarah actively participates in the American Immigration Lawyers Association ("AILA") on both a local and the national level. She has served as an Elected Director on the AILA Board of Governors since 2012. She also serves as Vice Chair of AILA's DOL liaison committee and on the Healthcare Professionals/Physicians Committee. Sarah has previously served on AILA Liaison committees with the California and Nebraska USCIS Service Centers and Chaired the Minnesota/Dakotas Chapter of AILA. Sarah has served on the Immigrant Law Center of Minnesota's (ILCM) Public Policy Committee since 2013. Sarah was recognized in 2016 and 2017 as one of 40 Up and Comers in Employment Law by HRE/Law Dragon, is listed in the International Who's Who of Corporate Immigration Lawyers since 2014, and was selected as one of Minnesota's Lawyer's Up and Coming Attorneys for 2010. She frequently speaks with the press and travels internationally to speak on employment-based immigration. Sarah is scheduled to teach an advanced Immigration Law class at the University of Minnesota Law School in 2018. Sarah holds a joint law degree and master in public policy from the University of Minnesota Law School and the Hubert H. Humphrey Institute of Public Affairs.

Crystal Williams started in the field of immigration law in the early 1980s as an editor and manager of law publications for two private publishers. She then became the first full-time employee of what was then the American Immigration Law Foundation (AILF), and is now the American Immigration Council (the Council), serving as Director of the Legalization Assistance/Appeals Project. She spent the next decade practicing immigration law with Paul, Hastings, Janofsky and Walker in Atlanta during which time she served on numerous AILA committees. Ms. Williams subsequently joined the staff of AILA as Director of Liaison & Information. She served a brief period with the Policy & Planning office of the then-U.S. Immigration and Naturalization Service, before returning to AILA to later serve as Deputy Director for Programs and, eventually, Executive Director. In many of these capacities, she worked with Federal agencies, Congress, and the media to advocate for the need for fair and just immigration laws and policies. She received her JD from Georgetown University Law Center and a BS from State University of New York at Oneonta. Having retired from AILA in 2015, she has moved to North Carolina and has been splitting her time between traveling the world and working on this book. Ms. Williams is the 2017 recipient of the Susan D. Quarles AILA Service Excellence Award.

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