Comment: Hurricane A Coming

    The news is full of stories about Comprehensive Immigration Reform. The incoming Biden administration has made immigration a top priority and is pushing for massive immigration benefits legislation. Since only Congress can enact new law, there are four possible vehicles for immigration in 2021.

  1. Covid/Economic relief: The highest priority of the Biden administration is covid/economic relief. Healthcare immigration is a natural part of the bill--not because it is immigraiton, but because significant expansion of personnel is needed to bulk up the overall health infrastructure, and expanded immigration of doctors and nurses is necessary to achieve that. It is not clear that there exists a filibuster proof majority in the Senate for Mr. Biden's program. The backstop for passage of covid/economic relief is use of the Budget Reconciliation process which can pass with only a simple majority vote in the Senate (but which can be used only once this year).

  2. Comprehensive Immigration Reform (CIR): The incoming Biden administration is definitely committed to pushing for CIR early in the first 100 days of the administration. Committee hearings in both chambers will likely begin in February/March. We expect significant amendments in both chambers and floor action in the summer, provided Mr. Biden continues to push for CIR. The votes exist in the House, but a filibuster proof majority may not exist in the Senate for CIR. CIR will be the #1 test for the incoming Senate Majority Leader Chuck Schumer's real muscle and skill. The success of CIR is not in the bag yet.

  3. Standalone Immigration Bills: Any immigration advocates who want to get their immigration benefits passed, will have a chance if they can succeed in making them a part of CIR. Only one issue has a real chance as a standalone bill: DREAM. Other standalone bills are unlikely--not because of lack of legislative support--but because it is exceedingly hard to get floor time and the full attention of Congress given so many other legislative priorities.

For the first time since the failure of the "Gang of 8" bill in the Senate seven years ago, CIR has a fighting chance. The nation has this precious opportunity to move beyond the incessant bouts on the critical issue of immigration. We are behind Mr. Biden all the way on this, and urge Congress to move full speed ahead.

Please let us know your thoughts by writing to us at editor@ilw.com

Article: Trump's Final Attacks on H-1B Visas and Legal Immigration: Reintroduction of the Wage Rule and Rule Requiring Client Companies?to File H-1B Petitions by Cyrus D. Mehta and Kaitlyn Box

News: USCIS Suspending In-Person Services Jan. 19 and 20

Focus: 2021 PERM Update

In view of the latest regulatory and court changes, the topics for the first PERM seminar have been changed to provide latest updates. Please find the revised topics below:

Zoom Webinars: Fridays January 22, February 12 & March 5, 2021
2pm to 3:30pm (Eastern Time)

Speakers: Joel Stewart (Discussion Leader),David J.Bier, Rami Fakhoury, Matthew Morse, Michael Piston, Lawrence Rudnick, Harry Sheinfeld, Jason Susser, Nathan Waxman and many more to be announced.

We are applying for California MCLE for these seminars which will be valid through reciprocity in many states.

Each call features an hour of analysis, strategy and practice tips, followed by questions and answers from participants.

Sign up before Wednesday January 20 at 11:59pm ET--signups after that may not be honored

FIRST Zoom Session on January 22:

Prevailing Wage Update

  • Introduction to Rule Changes
  • View from the Valley
  • Acronyms Decoded: DOL, ETA, OFLC, BLS, OES, SOC, O*NET, OES, OWL, & NPWHC
  • PERM, H-1B, & H-2B PW Comparisons
  • PW Anomalies
  • Critique: DOL Policies for PW Analysis
  • Analysis of Current Court Challenges

New PERM Form 9089

  • Point by Point Analysis of 9089
  • Managing Data Merge: Forms 9141 & 9089
  • Important Tips for Best SOC Determinations
  • High Tech Occupation Update

THIRD Zoom Session on March 5:

Audits, Reconsideration, and BALCA Review

  • Paperless PERM & Electronic Filings
  • Analysis & Preparation of Audits
  • Crafting Requests for Reconsideration
  • Important New BALCA Rulings

SPEAKER BIOS

Joel Stewart (Discussion Leader) practices exclusively in the area of immigration law. He specialized in Romance and Slavic Linguistics before receiving a J.D. from the University of Connecticut School of Law, and is fluent in Portuguese, Spanish, French, and Russian. He is Past President of the South Florida Chapter of the American Immigration Lawyers Association (AILA) and is a nationally recognized authority on employment-based immigration matters as well as a popular speaker at for national and local bar associations throughout the United States. Mr. Stewart is the editor of The Perm Book, the definitive authority on the subject of PERM processing of labor certifications, and has been writing the BALCA Case Summaries since 1987. Mr. Stewart is also General Counsel to the Brazilian Consulate in Miami and Honorary Consul of Brazil in Florida.

David J. Bier is an immigration policy analyst at the Cato Institute's Center for Global Liberty and Prosperity. He is an expert on legal immigration, border security, and interior enforcement, and his work has appeared in the New York Times, Washington Post, USA Today, and many other print and online publications. The United States Supreme Court and multiple federal appeals courts have cited his research and writing. From 2013 to 2015, Mr. Bier drafted immigration legislation as senior policy advisor for Congressman Raul Labrador, a then member and later chairman of the House Judiciary Committee's Subcommittee on Immigration and Border Security.

Rami Fakhoury is the founder and Managing Director of Fakhoury Global Immigration, USA PC (FGI), one of the largest independently owned business-based immigration law firms in the United States and a Martindale-Hubbell AV Preeminent rated firm. FGI embodies Rami's life-long belief in the vital contributions that immigrants make to America's economy and society, advances his goal of helping businesses and organizations to meet their talent mobility needs, and assists talented and ambitious individuals in realizing their career aspirations. Rami's publications comprise several immigration law books including, as editor, The Consular Posts Book, 2015-2016 ed. (ILW.com: 2016) and USCIS Immigration Procedures and US State Department Consular Processes (ILW.com: 2009); and, as author, The Immigration Practitioner's Guide to U.S. Export Control Regulations (ILW.com: 2011) and The PERM Book, 3rd ed. (ILW.com, 2018). He has also written a regular column on global IT and US immigration law for the Financial Times of India, authored numerous policy articles and white papers, contributed articles to Lexology, Mondaq, and Crain's Detroit Business, among others, and is a frequent presenter at immigration and trade group conferences. Rami has organized informational sessions and webinars for businesses, universities, and other stakeholders worldwide, and has presented to the American Immigration Lawyers Association (AILA) on several occasions.

Matthew Morse Matt Morse has been practicing employment-based immigration law for over 20 years. He has experience with many areas of Green Card processing, including PERM labor applications, immigrant visa petitions, and Adjustment of Status applications. He has experience with Naturalization issues, and family-based immigration matters, and has extensive experience with many nonimmigrant visa categories, including the B, E, F, H, K, L, O, R, and TN categories, as well as consular processing matters. He has strong knowledge of federal immigration statutes and regulations. As a Partner at Fakhoury Global Immigration, Matt's experience includes Extraordinary Ability Alien cases, National Interest Waiver cases, Outstanding Professor/Researcher cases, Multi-National Manager and Executive cases, as well as health care worker immigration cases. Matt earned his Bachelor of Arts degree in Political Science at the University of Michigan, Ann Arbor, and his J.D. from the Thomas M. Cooley Law School. He is a member of the American Immigration Lawyers Association and the Michigan Bar Association.

Harry Sheinfeld is the senior partner at Piston & Carpenter P.C. He has practiced immigration law exclusively for over 20 years and has spoken at numerous American Immigration Lawyers Association (AILA) and ILW conferences and workshops. He has also written several articles for the AILA Annual Conference Handbooks and ILW PERM Handbooks.

Michael Piston is the senior partner at Piston & Carpenter P.C. has been voted a Michigan Super-Lawyer every year since 2006. Mr. Piston has practiced immigration law exclusively for over 20 years and has spoken at numerous American Immigration Lawyers Association (AILA) and ILW conferences and workshops. He has also written articles for the AILA Annual Conference Handbooks, the PERM Book I, II, & III, and ILW PERM Handbooks. Mr. Piston, a veteran of administrative and judicial appeal practice, has extensive experience with motion practice and, successfully settled numerous appeals of PERM Denials to federal courts. He provided valuable insights to the PERM Book wherein he wrote about the distinctions between statutory or regulatory law and agency guidance, which distinctions are important principles in current BALCA practice. Mr. Piston was counsel in Stellar IT Solutions v. USCIS, the first reported case in which an employment based immigrant was reinstated into legal, employment authorization status while his case was pending in federal court, and in Patel v. USCIS, often cited in the 6th Circuit for the proposition that the beneficiary of an employment based immigrant visa petition has standing to seek judicial review.

Lawrence H. Rudnick a Founding Partner of The Rudnick Immigration Group, has been consistently rated one of the preeminent immigration lawyers in the U.S. He has a lengthy record of accomplishment in his over 28 years as an immigration lawyer, and is listed in the Best Lawyers in America, and is a frequent commentator on immigration related issues for the press and networks. Mr. Rudnick has for several years been selected among the Pennsylvania Super Lawyers for immigration law, and is listed in the Who's Who of International Corporate Immigration Lawyers. He is AV rated by Martindale Hubbell for the highest standards in ethical and legal ability. While Mr. Rudnick's practice focuses primarily on business immigration, he has had a number of well-known successes in litigation, including the decisions in Yusupov v. Attorney General, 518 F.3rd 185 (3rd Cir. 2008), overturning the Attorney General's interpretation of which individuals consistute a danger to the U.S., and Soltane v. U.S. Department of Justice, 381 F.3rd 143 (3rd Cir. 2004), overturning USCIS' overly restrictive interpretation of the religious worker regulation. Mr. Rudnick has also been a leader in filing litigation under the Administrative Procedures Act to remedy excessive government delays. He has won leading cases interpreting the USCIS regulation on what constitutes specialized knowledge for purposes of the L-1 category.

Jason Susser is an attorney in the Memphis office of Siskind Susser PC, where his practice focuses exclusively on immigration and nationality law. Mr. Susser represents businesses and individuals in several areas of immigration law including employment-based immigration, family-based immigration, naturalization, and humanitarian cases. Mr. Susser graduated from the University of Memphis with a focus on Accounting and Religious Studies. While in college, he spent two years working as a full-time paralegal at Siskind Susser's Memphis office where he assisted attorneys in filing Labor Certifications, H-1B visas for specialty occupation professionals, H-2B visas for Temporary Non-Agricultural Workers, L-1 visas for intra-company transfers, and EB-5 Investor Visas. Mr. Susser went on to earn his Juris Doctor degree from the University of Memphis, Cecil C. Humphreys School of Law. During law school, he worked at the firm on a part-time basis focusing on EB-1 petitions for foreign nationals of extraordinary ability, EB-2 national interest waiver petitions, and O-1 visas for foreign nationals of extraordinary ability. While in law school, he also assisted in pro bono cases involving U-visas for victims of crimes and humanitarian cases. He is licensed and admitted to practice law in Tennessee.

Nathan Waxman has written more than 20 professional journal articles and book chapters on aspects of immigration law. He has lectured at AILA national conferences since the 1990s, with particular regard to NIW, H1B, and AC21. He has successfully represented businesses ranging from Fortune 500 corporations to universities to nonprofit foundations, family-owned businesses, and self-employed musicians, artists, physicians and alternative medicine practitioners. He has participated actively in the evolution of the labor certification process for the past 25 years. He contributed to AILA's comment on PERM regulations proposed in 2004, specifically with regard to the critical issue of preserving an employer's ability to qualify an employee for labor certification through experience gained with that employer in an alternative occupation, to the benefit of employers and intending immigrants throughout the country. He is acknowledged by his peers in business and employment-based immigration as a national figure, as manifested by his selection as a New York Super Lawyer, and his inclusion in the Who's Who of International Business Law, and in Best Lawyers in America.

More speakers to be added

Cancellation/Return/Shipping Policy

3 Webinars "2021 PERM Update"

January 22, February 12 & March 5

Regular Price $249 Register Now for $199

Price will increase ; don't wait - Buy Now

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Note: Each purchase enables participation in the webinar through a single Zoom login from a single computer.

Disclaimer: participation in this seminar does not create an attorney-client relationship with the speakers

Headline: Amid multiple crises, immigration cannot be forgotten Click here
Headline: COVID-19 vaccine open to anyone who qualifies regardless of legal status Click here
Headline: Immigration Policy Experts Weigh In On Biden Challenges Ahead Click here
Headline: Capitol riot exposed flaws of Trump's DHS, focused on immigration and not extremists, say ex-officials Click here
Headline: Biden plans quick executive action on immigration, but warns of potential delay on legislation Click here

Help Wanted : Immigration Attorney
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Publisher: Sam Udani ISSN: 1930-062X
Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong