A two day course for immigration law specialists, attorneys, paralegals, human resource managers, and administrators on how to work with immigration forms and procedures.

The events of September 11, 2001, resulted in a transformation in the field of immigration law. Most dramatic has been the dissolution of the Immigration and Naturalization Service as a separate agency. The functions of that agency are now incorporated in three different bureaus within the Department of Homeland Security: Bureau of Citizenship and Naturalization Service, Bureau of Immigration and Customs Enforcement, and Bureau of Customs and Border Protection. Included in this transformation is a substantial emphasis on enforcement as enunciated in the Patriot Act. It is now more important than ever to ensure adherence to complex statutory and regulatory admission requirements.

Course Curriculum

1. Immigrant Visa Categories
   Given the restricted number of annually available employment based immigrant visas, the categories of visas are ranked in order of priority. Employment based priority 1 is reserved for individuals with extraordinary abilities in the professions and arts, outstanding professors and researchers, and multi-national executives and managers. Employment based priority 2 is for professionals holding advanced degrees or persons of exceptional ability. Employment based priority 3 is reserved for skilled and unskilled workers. Finally, employment based priorities 4 and 5 are reserved for special category immigrants, like religious workers and former employees of international organizations, and investors. Forms and documentation to be examined include:

   1. I-40 (Immigrant Petition for Foreign Workers);
   2. ETA-750A (Application for Alien Employment Certification);
   3. ETA-750B (Statement of Qualification of Alien);
   4. I-485 (Application to Adjust Status to Permanent Resident);
   5. G-28 (Attorney Notice of Appearance - if applicable); and
   6. All supporting letters and documentation requirements

   Nonimmigrant Visa Categories

   There are numerous types of nonimmigrant visas that apply to individuals seeking to come to the United States on a temporary basis. Knowing the substantive and procedural distinctions between each category can often be challenging. This part of the course will provide a detailed overview of the various nonimmigrant visa categories while focusing on the documentation requirements of each. Specific visa categories covered in this course include:

   1. The H Visas: H-1 visas are available to individuals seeking to come to the United States to perform services in a professional job. H-2 visas are available for temporary or seasonal agricultural and non-agricultural workers. Finally, H-3 visas are available for trainees seeking to enter the country temporarily. The H visa category constitutes the most common form of nonimmigrant employment visa, and the complex and detailed procedural requirements with both the Department of Labor and DHS will be examined at great length. Forms and documentation to be examined include:
      1. I-129 (Petition for Nonimmigrant Worker) and H Supplement;
      2. ETA-9035 (Labor Condition Application) or ETA-750 (Application for temporary labor certification);
      3. I-907 (Premium Processing Application - if applicable);
      4. G-28 (Attorney Notice of Appearance - if applicable);a
      5. I-797 (petition approval notice);
      6. I-94 (Arrival/Departure Record); and
      7. All supporting letters and documentation requirements

   2. The B Visas: B-1 and B-2 visas are available to a foreign national having a residence in a foreign country who is visiting the United States temporarily for business or temporarily for pleasure. Forms and documentation to be examined include:
      1. DS-156 (nonimmigrant visa application) and DS-157 (if applicable);
      2. Employer Support Letters; and
      3. All supporting letters and documentation requirements

   3. The F and M Visas: F-1 and M-1 visas are available for applicants seeking to enter the United States to participate in a full course of academic or vocational study. In addition, students can engage in part-time employment while engaged in study. Forms and documentation to be examined include:
      1. DS-156 and DS-157 (if applicable);
      2. DS-158 (seeking supplemental biographical information);
      3. I-20 (school issued certificates of eligibility); and
      4. All supporting letters and documentation requirements

   4. The E Visas: E-1 and E-2 visas are available to individuals involved in the international trade of goods, services, and investments (treaty traders and treaty investors). Forms and documentation to be examined include:
      1. DS-156 and DS-157 (if applicable);
      2. E Visa Questionnaire; and
      3. All supporting letters and documentation requirements

   5. The L Visa: L-1 visas are available for individuals seeking to enter the United States to work in a firm or corporation, or its affiliate or subsidiary, as an intra-company transferee. Forms and documentation to be examined include:
      1. I-129 (Petition for Nonimmigrant Worker) and L Supplement;
      2. All supporting letters and documentation requirements; and
      3. I-907 (Premium Processing Application - if applicable)

   6. The J Visa: J-1 visas are available to individuals coming to the United States for the purposes of teaching, conducting research, or training as part of an exchange visitor program. Forms and documentation to be examined include:
      1. DS-2019 (Certificate of Eligibility for Exchange Visitor);
      2. DS-156, DS-157, and DS-158; and
      3. All supporting letters and documentation requirements

   7. The TN Visa: TN-1 visas are eligible to qualifying Canadian and Mexican professionals seeking to enter the United States under the provisions of Section D of Annex 1603 of the North American Free Trade Agreement (NAFTA). Forms and documentation to be examined include:
      1. I-129 (Mexicans Only);
      2. ETA-9035 (Labor Condition Application)(Mexicans Only); and
      3. All supporting letters and documentation requirements

   8. The O and P Visas: O-1 visas are available to individuals who have extraordinary ability in the sciences, education, business, athletics, or the arts; or extraordinary achievement in the motion picture or television field. Similarly, P-1 visas are available for certain internationally recognized performing artists and athlete. Forms and documentation to be examined include:
      1. I-129 (Petition for Nonimmigrant Worker) and O/P Supplement;
      2. An advisory opinion from an appropriate consulting entity; and
      3. All supporting letters and documentation requirements

   Employer Compliance Issues

   The process by which DHS enforces immigration compliance with private employers is, in and of itself, heavily reliant on the completion and retention of standardized forms. This course will examine the most recent changes to employer sanctions law and procedure, with a special emphasis on providing practical guidance in setting up an I-9 documentation system. Forms and documentation to be examined include:

   1. I-9 (Employment eligibility verification) and supporting document requirements;
   2. DS2019 (SEVIS form);
   3. I-94 (Arrival/Departure Record);
   4. I-688 and I-766 (Employment Authorization Card); and
   5. I-763 (Notice of Intent to Fine) and all attachments

Course Faculty

Joel Alvarey serves as an attorney advisor for the Bureau of Citizenship and Immigration Services, HQ, Department of Homeland Security, Washington, DC. Prior to this assignment Mr. Alvarey served as an Associate General Counsel for the Office of the General Counsel, Headquarters, Immigration and Naturalization Service (INS), and Associate General Counsel, Office of the General Counsel, Bureau of Immigration and Customs Enforcement, HQ, Department of Homeland Security. Mr. Alvarey retired from the U.S. Army as a Colonel. Initially commissioned as an Air Defense Artillery officer, has had assignments in Germany and Vietnam. He subsequently graduated from law school and was commissioned in the Judge Advocate General's Corps, U.S. Army. Judge Advocate General Corps assignments included defense counsel and prosecutor; Staff Judge Advocate, 1st Armored Division; and assistant professor at the U.S. Army Judge Advocate General's School in Charlottesville, Virginia. He presently teaches graduate level courses for Troy State University. Mr. Alvarey is from Sioux City, IA, received a Bachelor of Science degree from the United States Military Academy, West Point, New York; graduated from Airborne School and Ranger School; received a Juris Doctor degree from Fordham Law School New York City; and a Masters Degree from the Industrial College of the Armed Forces.

Thomas Muther serves as an attorney advisor for the Department of Homeland Security, Office of General Counsel, in Washington, DC. Prior to this assignment, Mr. Muther served as Regulatory Counsel for the Bureau of Citizenship and Immigration Services and as an Associate General Counsel for the Immigration and Naturalization Service (INS), Headquarters. Prior to coming to Washington, Mr. Muther served as an Assistant Regional Counsel for the INS in Burlington, Vermont. While in Burlington, Mr. Muther provided legal advice to the Vermont Service Center on employment based visa adjudication and processing. Prior to this, Mr. Muther received the 1998 Commissioner's New Attorney of the Year Award while working for the INS in Miami, FL. Mr. Muther is a Captain in the United States Air Force Reserve, where he works in the filed of employment and labor law for the General Litigation Division, Central Labor Law Office. Mr. Muther has taught as an adjunct professor of immigration law at Vermont Law School in South Royalton and Woodbury College in Montpelier, Vermont. Mr. Muther graduated with hi dual degree in law and international studies from the University of Denver College o Law and Graduate School for International Studies. Mr. Muther received his BA in History and Anthropology from the University of Florida.