Farshad Owji, AILA President, San Francisco, CA

Our careers can lead to secondary and/or vicarious trauma, burnout, and/or compassion fatigue. Further, we are recovering from a global pandemic, rebounding from an oppressive presidential administration, and living in a time when the natural world is under threat. What can we do to help bolster our well-being and resilience in the face of realities that drain our energy?

• Establishing boundaries
• Rest as resistance
• Giving and receiving support

• Kyle Koichi Morishita (DL), Oakland, CA
• Sarah Kate Heilbrun, Oakland, CA
• Danielle Polen, AILA Director, Editorial, Professional Development, Publications & Learning Resources, Washington, D.C.
• Mike Hoang, Clinical and Forensic Psychologist and Adjunct Professor, Kaiser Permanente, Concord, CA

Consular processing is a crucial part of the immigration process for individuals seeking to come to the United States. Panelists will discuss the latest key takeaways from U.S. Department of State liaison meetings and Foreign Affairs Manual updates. They also will provide insights on how these developments affect individuals seeking visas.

• Stateside visa renewal pilot program updates
• NIV interviews and interview waivers
• IV processing for Russians and other “stateless” individuals
• E-1/E-2 processing updates
• NVC2 and administrative processing

• Fuji Whittenburg (DL), AILA Department of State Liaison Committee Chair, Calabasas, CA
• Sharvari Dalal-Dheini, AILA Director of Government Relations, Washington D.C.

While the H-1B lottery selection is at an all-time low, the needs of clients for alternate options has risen to an all-time high. Panelists will explore the alternative options and best practices for helping clients navigate conventional (and less conventional) options.

• Going back to school: CPT vs. Day 1 CPT
• Concurrent cap-exempt and cap-subject H-1B
• Working remotely for the U.S. entity from elsewhere
  • Exploring working holiday visas, digital nomad visas, and work visas through a thirdparty company
• Entrepreneur parole: a unicorn or reality?

• Kathleen Spero (DL), San Diego, CA
• Otto H. Van Maerssen, Palo Alto, CA
• Grachielle Tenorio, Carlsbad, CA

Generative AI is ubiquitous and has the potential to revolutionize the practice of law. Panelists will provide an introduction to ChatGPT and AI in business immigration. They also will advise on streamlining processes, automizing client communication, and supporting legal research. They will illustrate these points by providing real-life examples of how they and their firms successfully leverage AI and address ethical issues.

• Overview of ChatGPT and AI technologies currently available in the market
  • What AI is USCIS using?
• Tips on using ChatGPT: crafting prompts to yield the best results
• Using AI: How can AI reduce human error, enhance client communications, and increase efficiency?
• How to use AI Chatbot, personalize client experience, and assist in language translation
• The Future of AI in business: predictions and ethics considerations

• Ganesh Kalyanaraman (DL), AILA DOS Liaison Committee, Sacramento, CA
• Gregory Siskind, AILA Board of Governors, AILA Author, AILA’s Immigration Law Practice and Procedure Manual: A “Cookbook” of Essential Practice Materials, 2nd ed., Memphis, TN 
• Ron Matten, AILA Innovation & Technology Committee, West Hollywood, CA

With new H-1Bs still in short supply, the L-1 intracompany transferee visa remains a great fallback for cap-missers going through multiple rounds of lottery selections, as well as for CEOs and key employees of Silicon Valley startups who can’t qualify or can’t wait for H-1Bs. Panelists will discuss how to talk to your clients about setting up for success for a future L filing, how to address current RFE trends, and other recent emerging issues for L-1 practitioners.

• Counseling clients on how to have a successful future application
• Current trends in L-1 visa Requests for Evidence (RFEs)
• Other current L-1 issues: recent policy changes, emerging trends, and potential implications
• Remote work issues
  • Minimally-established offices abroad
  • Payroll issues
  • Ensuring positions are sufficiently managerial or require specialized knowledge

• Claire S. Pratt (DL), California Chapters Conference Co Chair/AILA DOS Liaison Committee, San Francisco, CA
• Ellen D. Krengel, Menlo Park, CA
• Roujin Mozaffarimehr, AILA Business Section Steering Committee/USCIS Case Assistance Committee, San Jose, CA

With record H-1B entries in the fiscal year 2024 lottery, employers will need other options to retain foreign talent. Panelists will discuss the EB-2 National Interest Waiver (NIW) and Schedule A Group II Immigrant Visa filings. Discussion topics also include:

• Schedule A Group II for exceptional ability:
  • DOL and USCIS requirements
  • Evidentiary considerations
  • Strategies
• National Interest Waivers: requirements and evidentiary considerations
• How to avoid RFEs and audits
• Common fields to consider in each category

• Kathleen L. Grzegorek (DL), Los Angeles, CA
• Robert G. Nadalin, San Diego, CA
• Alex Park, Anaheim, CA

Panelists will give a brief overview of the various government agencies that affect business immigration practice. They also will provide updates from several of these agencies and offer insight into local USCIS office policies.

• USCIS service center: RFE and processing trends
• ICE/I-9 audits and L-1 site visits: trends when the government visits your EB client
• CBP: what to know when your EB clients enter at a point of entry in California
• Local USCIS Offices: policies and nuances for how to handle EB AOS interviews
  • Procedures for rescheduling
  • Appearing telephonically

• Nicholas Jesus Mireles (DL), AILA CBP Liaison Committee, Los Angeles, CA
• Kimberley Best Robidoux, AILA Verification & Documentation Liaison Committee, San Diego, CA
• Tiffany Martinez, San Francisco, CA

Panelists will review the current state of ICE detention in California and report on new procedures to communicate with detainees. They also will discuss the current state of Ninth Circuit law concerning detention and advise on strategies to secure release.

• Logistics of communicating with and representing clients in detention at the different California detention centers
• Advocacy with DHS Office of Immigration Detention and Office for Civil Rights and Civil Liberties
• Release campaigns and working with community groups
• Importance of habeas petitions in light of changes in law and detention patterns
• Online payment of bonds via CeBONDS

• Siobhan Waldron (DL), Oakland, CA
• Lauren D. Cusitello, AILA Removal Defense Steering Committee, San Diego, CA

Panelists will discuss new policies and cutting-edge issues with representatives of U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) for the San Francisco Bay Area. They also will address the wind-down of the official COVID-19 Public Health Emergency declaration on back-end agency operations and customer service functions. Topics will include:

• Virtual appearances after recission of COVID-19 emergency declaration
• InfoPass document services and best practices for travelers at primary inspection
• TPS travel documents in light of the rescission of Matter of Z-R-Z-C-
• Stampless entry and issues with electronic I-94's at all stages of inspection and adjudication

• John Francis Flanagan (DL), Oakland, CA
• Mark Carlson, Program Manager, CBP San Francisco Field Office, San Francisco, CA
• J. Ryan Hutton, Assistant Port Director, Area Port of San Francisco, San Francisco, CA

Panelists will review current trends and changing policies in immigration court and the Board of Immigration Appeals. Assistant Chief Immigration Judge Young will address immigration judge recruitment efforts and Executive Office for Immigration Review (EOIR) expansion to the Concord Immigration Court, among other local topics.

• Status of Webex and remote adjudication centers
• Docket management programs
  • Prehearing conferences
  • Specialized docket
  • Off-docketing
• Changing technology

• Andrew K. Nietor (DL), AILA Board of Governors / AILA EOIR Liaison Committee, San Diego, CA
• Misha Seay, AILA EOIR Liaison Committee, Oakland, CA
• Veronica Barba, Los Angeles, CA
• *Elizabeth Young, ACIJ, EOIR, San Francisco Immigration Court, San Francisco, CA

Panelists will discuss motions to suppress and terminate based on lack of alienage evidence, violation of regulations, and/or defective notices to appear (NTAs). These motions are effective tools to prevent deportations, protect clients from adversarial proceedings, and challenge unlawful government conduct

• When to consider a motion to suppress or a motion to terminate
• Suppression strategies
• Regulatory violations
• Defective NTAs: Matter of Fernandez

• Helen Lawrence (DL), California Chapters Conference Co-Chair, Oakland, CA
• Maricela Amezola, San Diego, CA
• Erin J. Quinn, San Francisco, CA

Panelists will delve into the topic of humanitarian parole and its application in various challenging scenarios, with an emphasis on reuniting families. Populations to be covered include Afghans, Ukrainians, Haitians, Venezuelans, Colombians, Cubans, and Northern Triangle residents.

• Humanitarian parole for Afghans
  • Re-parole process
  • Arrival through the southern border
  • Viability of asylum, Temporary Protected Status (TPS), and Special Immigrant Visas (SIV)
• Expansion of the Central American Minors Program (CAM)
• Parole for other nationalities: Cubans, Haitians, Nicaraguans, Venezuelans, and Ukrainians

• Spojmie Ahmady Nasiri (DL), AILA Afghan Response Task Force, Pleasanton, CA
• Guerline Jozef, Executive Director, Communities United for Status and Protection, San Diego, CA
• Jennifer L. Hennessey, Sacramento, CA

The right to seek protection from persecution is under attack from world leaders and governments across the world, including the United States. Panelists will explore the current state of asylum at the U.S.-Mexico border. Advocates working on both sides of the border will advise on strategies for cross-border collaboration to protect the right to asylum.

• Reviewing Biden Administration strategies for limiting asylum at the border
  • CBP One metering app
  • “Circumvention of Lawful Pathways” asylum ban rule
  • Regional Processing Centers
  • Expanded use CBP detention for those in expedited removal
• Alternatives that U.S. lawyers can use to help advocates on both sides of the border seek justice
  • Mexican domestic courts
  • Inter-American Court of Human Rights

• Taylor Levy (DL), Moraga, CA
• Paulina Reyes, San Diego, CA
• Gianna Borroto, Senior Litigation Attorney, American Immigration Council, Washington, D.C.

With tech layoffs sweeping across Silicon Valley, employers who sponsor foreign nationals for visas or lawful permanent residence need to understand their unique responsibilities under U.S. law. Panelists will discuss the legal obligations that employers have when terminating or laying off visa holders. They also will provide insight on how employers can comply with these requirements while also protecting their business interests.

• Employer obligations for common visa types: USCIS notice requirements, return transportation home, Public Access File (PAF) maintenance
• Grace periods, gardening leave, and whether employers should give employees advice
• How layoffs can affect PERM labor market tests
• Special issues for students on OPT and STEM OPT
• Dual representation and avoiding conflicts

• Chris Beckerson (DL), San Francisco, CA
• Fausta Maria Albi, San Diego, CA
• Maxine D. Bayley, San Francisco, CA

Even though California produces almost half of U.S. agriculture and our seasonal business clients always need short-term reliable employees, H-2A and H-2B practices remain rare. Panelists will explain the nuances of the H-2A and H-2B visa programs for California attorneys new to this area of law. They also will provide an overview of visa requirements, procedures, compliance, and employer obligations under the programs.

• H-2A and H-2B Basics: advantages, pitfalls, and timeline of application process and labor certification
• Strategies and best practices:
  • What is temporary need?
  • What is year-round employment?
  • What occupations are a good option for H-2?
  • Is planning to do a PERM an option?
• Contractual obligations and employer compliance: wage requirements, working conditions, recordkeeping
• Trends and changes: implementation of 2022 H-2A final rule, new ETA forms and portal, DOL’s “Single Employer Test”

• Jeanne M. Malitz (DL), San Diego, CA
• Chad C. Blocker, Los Angeles, CA
• Zachary New, Aurora, CO

With new state laws, state workforce agency (SWA) form changes, and U.S. Department of Labor (DOL) form and system changes, 2023 has seen practitioners working through the greatest upheaval to the PERM apparatus in quite some time. Compounding the difficulty in navigating these changes is the fact that many industries reliant on PERM are now dealing with massive employee layoffs. Panelists will discuss key law, systems, and form updates, and they will advise on best practices for adapting to them. They also will address evolving issues in consideration of these changes and the current economic climate.

• New Form 9089: changes and best practices since the form release
• Prevailing wage determination and PERM processing delays, timing strategies
• California pay transparency laws
• SWA changes
• Layoff considerations

• Brianne Nicole Donovan (DL), Chicago, IL
• Jennifer L. Carr, San Francisco, CA 
• Grace Anne Zimmerman, San Diego, CA

The economic downturn during COVID has affected the bottom line of many employers. Proving that an employer is financially viable for a nonimmigrant visa or green card may require thinking outside of the box. Panelists will explore various issues with showcasing an employer’s financial strength.

• Updated USCIS guidance on ability pay documentation for I-140 petitions
• Desire of private companies to keep finances confidential
• Venture capital funding and stealth mode companies
• L-1s and H-1Bs and petitioner’s financial viability

• La Verne A. Ramsay (DL), San Francisco, CA
• Desire Lance, San Luis Obispo, CA
• Lisa Baker Jones, AILA CBP Liaison Committee, San Jose, CA

Staying current on litigation is essential in the everchanging landscape of immigration law. Litigation can also be a powerful strategy to challenge prolonged ICE detention, USCIS backlogs, and unjust treatment of asylum seekers. Panelists will cover the following topics:

• Ninth circuit updates
• Santos-Zacarias decision
• Mandamus/APA Challenges to USCIS Delays
• Habeas Litigation Out of California
• New Asylum Rule Litigation

• Kevin A. Gregg (DL), San Diego, CA
• Bardis Vakili, Encinitas, CA
• Anne Peterson, San Francisco, CA

Humanitarian benefits for survivors of trafficking, domestic violence, and other crimes represent some of the most versatile benefits available under the Immigration and Nationality Act (INA). From their generous waiver provisions to important privacy protections, practitioners will learn about the nuances of navigating this relief, best practices in responding to challenges, and managing client expectations.

• U Visas update: from bone fide determinations to current trends
• VAWA update: from policy guidance to adjustment interview waivers and current processing times
• T Visas: regulatory updates, current trends, and viable options
• Juggling collateral USCIS relief in proceedings, ICE memo guidance

• Anita Mukherji (DL), AILA Northern California Chapter Chair, Oakland, CA
• Catherine Seitz, AILA VAWA, Us, and Ts Committee, San Francisco, CA
• Christina Liao, San Diego, CA

A common and important form of relief to consider when representing immigrant children who are not with both parents is Special Immigrant Juvenile (SIJ) status. Panelists will cover helpful practice tips and latest trends in this area of law that requires balancing representation before state court venues and federal immigration agencies.

• Federal regulatory and policy updates
  • Capturing early priority dates
  • Deferred action process
  • Age out protections
  • Impact of change in circumstances from marriage to reunification
• State Court Practice and Laws Round Up
  • Refresher on California laws protecting SIJ-eligible youth
  • Assessing eligibility for predicate findings, summary of state laws
  • Collaborating with attorneys who practice in state court
• Juggling removal defense and navigating ICE prosecutorial discretion
• Latest federal legislative proposals

• Cynthia Lucas (DL), AILA VAWA, Us, and Ts Committee Chair, Los Angeles, CA
• Annaluisa Padilla, AILA Board of Governors, West Covina, CA
• Katie Annand, Managing Attorney, Immigrant Legal Defense, Oakland, CA

Panelists will discuss how a client’s criminal history affects their removal case, including detention, grounds of removability, and eligibility for relief. They also will review the most recent post-conviction relief vehicles and changes to how they are interpreted for immigration purposes.

• Bond and parole options for clients with criminal history
• Criminal history documents: what you want to see, challenging what you don’t want admitted
• Updates on common California controlled substance statutes and grounds of removability
• Working with defense attorneys: best alternative dispositions to avoid the worst convictions
• Post-conviction relief: updates on the best vehicles

• Nerea Sholl Woods (DL), Bonita, CA
• Raha Jorjani, Oakland, CA
• Avantika Shastri, San Francisco, CA