American Immigration Lawyers Association Northwest Regional IMMIGRATION LAW CONFERENCE Special

American Immigration Lawyers Association 2009 Northwest Regional IMMIGRATION LAW CONFERENCE Special Focus on Employment-Based Immigration and Enforcement Issues Thursday & Friday, February 12 & 13, 2009 Grand Hyatt Hotel 721 Pine Street, Seattle, Washington Special Thanks to the 2009 Planning Committee: Chairperson: Paul Soreff Co-Chair: Kelsey O’Keefe Dagmar Butte, Denise Medlock, Roxanne Mennes, Megan Moore, Amy Royalty, Siovhan Sheridan-Ayala, Bart Stroupe, Carin Weinrich, Jimmy Wu THURSDAY, FEBRUARY 12, 2009 BASIC ISSUES TRACK 8:30a - 9:30a H-1Bs & E-3s • Specialty Occupations • LCAs & Prevailing Wages • Dealing with the H-1B Cap • Common Pitfalls Rachel Huneryager, Ryan Swanson & Cleveland, PLLC Bradley Maier, Schwabe Williamson & Wyatt PC 9:30a - 10:45a Es & TNs • Overview of E-1 and E-2 Requirements • Substantiality, Marginality & Proportionality Issues • Consular Updates • TN Professions & Non-Degreed Workers • Border Processing Len Saunders, The Immigration Law Firm, PLLC Bernie Wolfsdorf, Wolfsdorf Immigration Law Group, LLP 10:45a - 11:00a Break 11:00a - 12:00p L-1s: Substantive Requirements and Practical Tips • Definition of L-1B Specialized Knowledge • L-1A Managers and Executives • New Office Ls & Blankets Kevin Lederman, Cowan Miller & Lederman PS Alan Perkins, Tonkon Torp LLP 12:00p - 1:30p 1:30p - 2:45p Lunch on your own PERM Basics • PERM Overview – Identifying Cases Suitable for Labor Certification • Step-by-Step Instructions on Preparing and Filing PERM Applications • Red Flag Issues in Drafting PERM Applications • Organizing & Instructing Employers on Recruitment Process Elizabeth Poh, MacDonald Hoague & Bayless Tifani Parrilli, Parrilli Renison LLC 2:45p - 3:45p National Interest Waivers and EB-1s • Avoiding Labor Certification for Highly Qualified Workers • Multi-National Managers and Executives • Criteria for Establishing a Professor or Researcher is “Outstanding” • Showing that Remarkable Work is “In the National Interest” Chris Helm, Davis Wright Tremaine LLP Paul Hribernick, Black Helterline, LLP 3:45p - 4:00p 4:00p - 5:30p Break Options for Religious Workers • The NEW R-1 Visa Regulations • Special Immigrant Religious Workers • Standards for Establishing a Religious Denomination and a Religious Worker • The Impact of Fraud on the Processing of I-129s and I-360s Bart Stroupe, Bart Stroupe, PLLC Rodney Barker, Barker Epstein & Loscocco 5:30p Evaluations & Adjourn Up to 6.5 General CLE Credits ______________________________________________________ THURSDAY FEBRUARY 12, 2009 ADVANCED ISSUES TRACK Advanced Employment Issues 8:30a – 12:00p 8:30a - 9:30a I-9 Audits: Internal Preparation • Tips for Cost-effective Internal Audits • Avoiding Subcontractor Liability • Commonly Asked Questions Gregg Rodgers, Garvey Schubert Barer Felicia Gittelman, MacDonald Hoague & Bayless 9:30a - 10:45a Government Audits & Raids • Advising Employers and Ethical Concerns • Developing a Legal Strategy • Representing Employees in a Raid • Community Action Plans: The Portland Example • Developments in Washington Stephen Manning, Immigrant Law Group, LLP Charles Kuck, Kuck Casablanca LLC 10:45a - 11:00a 11:00a - 12:00p Break Employer Sanctions & Hot Issues in Employment Enforcement • Criminal and Civil Liability for Employers • When is Employment Harboring? • Update on Social Security No-Match and Aramark Case • E-Verify: Requirements & Advantages and Disadvantages Amy Royalty, MacDonald Hoague & Bayless Diane Butler, Lane Powell PC 12:00p - 1:30p 1:30p - 2:45p Lunch on your own PERM: Advanced Issues in Labor Certs • New ETA-9089 Form: Changes From Current Form and Anticipated Rollout • Role of the Attorneys in the Recruitment Process • Atlanta Processing Center Update • How to Handle Layoffs in the PERM Process Jacqueline Wood, Law Offices of Jacqueline A. Wood Jeanne Malitz, Law Offices of Jeanne M. Malitz 2:45p - 3:45p AC21 Updates: Updates and Reviews on Memos • Options for I-485 Portability • H-1B Extensions Under 104(c) and 106(a) • Where Are We Now on AC21 Issues? Turid Owren, Tonkon Torp LLP F. Gerard Heinauer, USCIS 3:45p - 4:00p 4:00p - 5:30p Break Advanced NIV Issues: Six Impossible Advanced Visa Options • Es, Ls, and Os – The Frustrating Form DS-160 • Es – Dilemmas Facing Small Business Organizations and Creative Structuring Options • L-1A – Your Best Friend (most days) • How Viable is the L-1B After Recent Restrictive AAO Decisions? • L Blanket Issues • O-1 – Your Mother Thinks You’re Special, But Will USCIS? Charles Gillman, Lane Powell PC Pam Cowan, Cowan Miller & Lederman PS 5:30p Evaluations & Adjourn Up to 6.5 General CLE Credits _______________________________________________________ FRIDAY, FEBRUARY 13, 2009 TRIAL SKILLS AND HOT TOPICS TRACK Trial Skills 8:00a - 12:00p 8:00a - 8:45a • • • Trial Skills : Master Calendar Hearings Preparing Yourself and Your Client Burden of Proof Pleading to the Charges and Admitting or Denying Removability; Termination; Setting Dates for Submissions; Asylum Clock Issues • Practice Pointers for Appearing Before the Portland, Seattle, and Tacoma Immigration Courts Juliann Bildhauer, Volunteer Advocates for Immigrant Justice Carol Edward, Law Offices of Carol L. Edward & Associates, PS 8:45a - 9:45a Trial Skills: Individual Hearings • Admitting & Contesting Evidence – Keeping the Bad Stuff Out, Bringing the Good Stuff In • Direct and Cross Examination – Different Judges, Different Rules? • Burden of Proof and Production – Who Has Which and When • Analyzing Eligibility and Discretionary Issues – Thinking Outside the Box and Brand X Siovhan Sheridan-Ayala, Sheridan-Ayala Law Office, P.C. Manny Rios, Rios Cantor, PS 9:45a - 10:30a • Trial Skills: District Court District Court Strategies in Three Kinds of Federal Court Litigation: o Habeas Corpus – Detention Cases o APA Declaratory Relief – Denied I-360 and I-140 Petitions o Mandamus Actions – Naturalization and Adjustment Delays • Litigation Strategies and Considerations Involved In: o Preparing the Complaint o Responding to Government Motions to Dismiss o Filing for Summary Judgment o Discovery o Attorneys’ Fees Nicole Nelson, Nelson Smith, LLP Bob Pauw, Gibbs Houston Pauw 10:30a - 10:45a Break 10:45a - 12:00p VAWA/U Visas • The New U Visa Adjustment Regulations • Preparation of Waivers of Inadmissibility for U Visa Applicant and Derivatives • Best Practices for Obtaining Law Enforcement Certifications for U Visas • Challenges for VAWA and U Relief in Removal Proceedings (Detained and Non-Detained) • Recent VAWA Updates, Including Unlawful Presence Issues Sherilyn Waxler, Parker, Bush & Lane PC Angélica Cházaro, Northwest Immigrant Rights Project 12:00p - 2:00p Awards Luncheon with Jeanne Butterfield (included with registration) 2:00p - 3:00p Asylum • Strategies for Winning Gang-Based Asylum Cases • Recent Developments in Gender-Based Claims (Domestic Violence and FGM) • Avoiding the Persecutor and Material Support Bars • CAT Claims in the 9th Circuit (including Specific Intent) Kari Hong, Law Offices of Kari E. Hong Chris Strawn, Northwest Immigrant Rights Project 3:00p - 4:00p How to Rehabilitate/Handle Difficult Cases • Deferred Action • Reopening Before CIS and the Immigration Court • Rehabilitating Difficult Marriage Fraud • Strategies for Desperate Border Cases Lisa Seifert, Seifert Law Offices, PLLC Jesse Maanao, Parker, Bush & Lane PC 4:00p - 4:15p 4:15p - 5:30p Break Ethics: How to Handle Fees and Representation Agreements • Fee Agreements • New Rules on Flat Fees (Washington) • Trust Accounts: The Biggest Problem Area for Attorneys! Philip Hornik, Attorney at Law Kurt Bulmer, Attorney at Law 5:30p Evaluations & Adjourn Up to 5.75 General & 1.25 Ethics CLE Credits ______________________________________________________________ FRIDAY, FEBRUARY 13, 2009 GOVERNMENT AGENCIES TRACK 8:00a - 8:45a National Benefits Center Panel • Q&A on Filings, Adjudications, Problem Cases & Advice to Attorneys & Clients Robert Cowan, NBC Director 8:45a - 9:30a Vermont Service Center Panel • Q&A on Filings, Adjudications, Problem Cases & Advice to Attorneys & Clients Daniel Renaud, VSC Director 9:30a - 10:15a Headquarters Panel • Q&A on HQ Initiatives, Policies, Problem Areas & Suggested Solutions; Office of the Ombudsman; Office of Policy and Strategy Donald Neufeld, Chief, Domestic Operations 10:15a - 10:30a Break 10:30a - 11:15a Nebraska Service Center Panel • Q&A on Filings, Adjudications, Policies, Problem Cases & Advice to Attorneys & Clients F. Gerard Heinauer, NSC Director 11:15a - 12:00p California Service Center Panel • Q&A on Filings, Adjudications, Policies & Problem Cases; Problem Cases & Advice to Attorneys & Clients Kurt Gooselaw, CSC Supervisor 12:00p - 2:00p Awards Luncheon with Jeanne Butterfield (included with registration) 2:00p - 3:15p District and Field Offices Panel • Q&A on District and Field Office Procedures and Processes; Problem Cases & Advice to Attorneys & Clients Anne Corsano, Region 20 District Director William McNamee, Portland FO Director Keith Brown, Seattle FO Director, Acting 3:15p - 4:15p ICE District & Field Offices Panel (Invited) • Q&A on ICE & Field Offices Procedures and Processes; Problem Cases & Advice to Attorneys & Clients 4:15p - 4:30p 4:30p - 5:30p Break CBP District and Field Offices Panel • Q&A on CBP District & Field Offices Procedures & Processes Charles Stemple, Program Manager for Passenger Programs John Bates, Chief Patrol Agent Henry Rolon, Deputy Chief Patrol Agent 5:30p Evaluations & Adjourn Up to 7.0 General CLE Credits _______________________________________________________________ REGISTRATION FORM – SCROLL DOWN TO THE NEXT PAGE REGISTRATION FORM: AILA 2009 1. Register on-line on her secured website at: www.kcba.org/CLE or 2. Fax to: 206.267-7099 or 3. Mail to: KCBA CLE DEPT., 1200 Fifth Ave., #600 Seattle, WA 98101 Bar #: _____________ State(s) Where Admitted: ______________ AILA Member Number: ____________________________________________ Name: __________________________________________________________ Address: ________________________________________________________ City/State/Zip: ___________________________________________________ Email: ________________________________ Phone: ___________________ (confirmation provided by email) Fees & Payment Information in U.S. Dollars: By 5:00pm Jan. 23, ‘09 _____ AILA Member/ KCBA Member _____ Non-AILA Attorney/ Non-AILA Staff $345 $495 After 5:00pm Jan. 23, ‘09 $595 $750 _____ AILA Staff (works for AILA Attorney) $295 $500 (Name of Attorney: _________________________________________) _____ Non-Profit agency or full-time student: written certification of employment for non-profit agency or full time student status must be attached with your registration. (Mail, fax or email to cle@kcba.org) $175 $345 If you wish to attend only one day: please check which day you will attend and deduct $100: _____ Thurs., February 12 _____ Fri., February 13 Course Materials: Course materials will be provided on CD. Printed outlines and/or powerpoints will be provided for note-taking. To order the full course materials in printed form, initial here ________ and add $70. Orders for printed course materials must be placed by Jan. 23, 2009. For Profit Firms 3rd and additional persons: $50 discount for the third paid registration and each additional paid registration from the same firm (**must register as one group in one envelope or one fax 206267-7099) $ _______________ Total Registration Fees Method of Payment ____ Check payable to KCBA (Check # _______) _____ Visa _____ Mastercard _____ AMEX or Card Number: __________________________________Exp Date:__________ Signature: ______________________________________________________ Important Notices: Cancellations: Cancellations received in writing by 5:00pm January 23, 2009 will be refunded, less a $75 processing fee. (email to cle@kcba.org) After 5:00pm January 23, 2009, no refunds will be given, but substitute attendees are allowed. ADA Accommodation: Please notify KCBA at 206-267-7004 by 5:00pm January 23, 2009 or sooner of any necessary ADA services so we may ensure appropriate and comfortable accommodation. Non-Attorneys: AILA will not accept registrations from persons who provide representation without proper authorization in violation of 8 CFR part 292 such as for-profit “immigration consultants” or “notarios.” Non-attorneys must register by mail or fax or scan/email and provide your signature as proof of compliance with this restriction: ____________________________________. (signature)