ILW.COM - the immigration portal Seminars

"On the Cutting Edge: H-1B Practice and Strategy"
Speakers: Angelo Paparelli and Stephen Yale-Loehr

Seminar Outline Speaker bios REGISTER NOW!

The seminars were offered on Wednesdays August 8, September 5, & October 3, 2001 at 1-2:30 pm Eastern time [10-11:30 am Pacific]. These unique seminars were conducted as hour and a half hour teleconference supplemented by an e-mail discussion list. Each call featured an hour of analysis, strategy and practice tips by Angelo and Steve, followed by 30 minutes of questions and answers from participants. In addition, the list-serv will permit participants to pose questions by e-mail to these eminent attorneys who will answer selected questions once each week.


FIRST Phone Session on Aug 8, 2001:

  1. Strategic considerations when first taking on a potential H-1B case
    1. Strategic considerations for a first-time H-1B
      • Does the person qualify for an H-1B: specialty occupations, educational and work equivalency evaluations, degree mismatch issues
      • Ghosts of immigration past: grounds of inadmissibility, maintenance of status, etc.
      • Dual representation issues: Must you represent both parties? If yes, how do you do so properly?
      • Can you represent just one party? Attorney's fees issues; who is paying which fee?
      • Liquidated damages vs. penalty issues
      • Beyond the H-1B : Why it is important to think about green card options in the initial H-1B consultation
    2. Strategic considerations for existing H-1Bs changing jobs or employers
      • Many of the same issues as above
      • Different issues for existing H-1B: portability issues, INS policy guidance and DOL interim final rule, travel problems, I-9 issues, etc.
  2. Late-breaking developments: H-1B premium processing; recent H-1B criminal cases

SECOND Phone Session on Sep 5, 2001:

  1. Confirming that the H-1B employer meets the LCA attestation requirements (single employer, required wage, benefits, public access folder, posting, no-benching, recruitment and non-displacement)
  2. Dependency issues that affect the dependent and non-dependent employer
  3. Defining exempt H-1B workers
  4. Using the I-129 to trump the LCA: How to disclose terms/conditions of employment on H-1B petition so as to limit DOL's arsenal of enforcement tools
  5. Late-breaking developments -- new statutes, new rules, new policy interpretations

THIRD Phone Session on Oct 3, 2001:

  1. Timing issues: working/traveling while an application is pending
  2. Itinerant workers: definition of place of employment/worksite; 30/60 day rule; recordkeeping burden/posting issues
  3. The impact of corporate reorganizations on H-1B status
  4. Changed circumstances: layoffs, change in job duties, leaves of absence, terminations
  5. H-1B portability issues
  6. Extending H-1B status beyond the normal six-year limit
  7. H-1Bs to green cards: the options
  8. Late-breaking developments -- new statutes, new rules, new policy interpretations

For examples of in-depth answers by Mr. Paparelli and Mr. Yale-Loehr to H-1B questions click on the following questions:
Termination of H-1Bs from Employee's prespective:  Question 1
Termination of H-1Bs from Employer's perspective:   Question 2
Blanket LCA for H-1Bs:                                          Question 3

Citations for Session 1,          Citations for Session 2,          Citations for Session 3


Angelo A. Paparelli has been practicing business-sponsored immigration law for over 20 years, and is the managing partner of Paparelli & Partners LLP in Irvine, California. He is a nationally recognized speaker, published author and leading expert on cutting-edge business-related immigration issues, including the immigration consequences of mergers, acquisitions, reorganizations and other business changes, consular visa practice, audits of employers' compliance with immigration and labor regulations, and employment-based work visas. Mr. Paparelli is certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization.

Stephen W. Yale-Loehr is co-author of Immigration Law and Procedure, the leading immigration law treatise, published by Matthew Bender & Company, Inc. He also teaches immigration law and refugee law at Cornell Law School, and is of counsel at True, Walsh & Miller in Ithaca, NY, where he practices immigration law. He also co-writes a bi-monthly column on immigration law for the New York Law Journal, and chairs the American Immigration Lawyers Association (AILA)'s Investor Committee and the Business Immigrant Visa Committee.


$199 Seminar Package
Audio tape of Aug. 8 seminar (90 minutes)
Audio tape of Sep. 5 seminar (90 minutes)
Audio tape of Oct. 3 seminar (90 minutes)

If you prefer to sign up by mail or fax, click here for the order form

Disclaimer: participation in this seminar does not create an attorney-client relationship with Mr. Paparelli, Mr. Yale-Loehr or their respective law firms