Immigration Law Essentials for Virginia Practitioners

Content Highlights:

Sources of Immigration Law
The Transfer and Residence Process
Non-Immigrant (Temporary) Visas
Obtaining Permanent Residence Status
Citizenship and Naturalization
Deportation, Exclusion, and Removal
Employer Sanctions
Unfair Employment Practices
Appendix: Agency Contact Information

“This book serves as a quick reference guide for attorneys whose practice do not focus on immigration but may nevertheless run into immigration issues. While there are numerous sources, references, and compendiums on the subject of immigration law, most focus on specific areas with emphasis on highly technical details that are difficult and confusing to the non-immigration practitioner.”
- Tom Fadoul, author

Immigration Law Essentials for Virginia Practitioners assists attorneys who practice in other areas to understand how immigration law plays into a client’s situation with detailed coverage of this highly technical area. It provides a comprehensive overview of immigration law consequences, allowing attorneys to quickly identify issues so they can protect their clients’ rights while deciding whether a referral to an immigration law specialist should be made.

This edition is up to date with current case law and legislative updates through April 2016. The 2016 edition also includes expanded information on relief available to aliens in removal proceedings and defense against criminal convictions.

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CHAPTER 1: INTRODUCTION

1.1   THE NEED FOR COMPREHENSIVE IMMIGRATION PLANNING

1.2   LEGISLATIVE HISTORY AND SOURCES OF IMMIGRATION LAW
           1.201   Legislative History
           1.202   Agencies Involved in the Immigration Process

1.3   OVERVIEW OF THE TRANSFER AND RESIDENCE PROCESS
           1.301   Admission and Removal
           1.302   Nonimmigrant Visas
           1.303   Immigrant Visas
           1.304   Removal from the United States
           1.305   Work Authorization
           1.306   Tax-Related Provisions
           1.307   Obtaining Citizenship

CHAPTER 2: NON-IMMIGRANT (TEMPORARY) VISAS

2.1   OVERVIEW OF NON-IMMIGRANT VISAS, EXTENSIONS, AND CHANGE OF STATUS
           2.101   Introduction
           2.102   Initial Visa Petition Process
           2.103   Extensions of Stay and Changes of Status

2.2   VISITORS FOR BUSINESS (B-1 VISAS) AND VISITORS FOR PLEASURE (B-2 VISAS)
           2.201   Definition
           2.202   Eligibility
           2.203   Visitors for Business (B-1)
           2.204   Visitors for Pleasure (B-2)
           2.205   Obtaining a B-1 or B-2 Visa
           2.206   Length of Stay and Extensions
           2.207   Change of Status
           2.208   Strategic Considerations
           2.209   Border Crossing Identification Cards

2.3   TRANSIT ALIENS (C-1, C-2, AND C-3 VISAS)
           2.301   Definition
           2.302   C Visa Subcategories

2.4   CREW MEMBERS (D VISAS)

2.5   VISA WAIVER PROGRAM
           2.501   Overview
           2.502   Eligibility
           2.503   Required Documents
           2.504   Length of Stay and Extensions
           2.505   Strategic Considerations

2.6   TEMPORARY WORKERS AND TRAINEES (H VISAS)
           2.601   “Specialty Occupations” (H-1B)
           2.602   The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA)
           2.603   Other H-1B Visas
           2.604   Temporary Workers (H-2A and H-2B)
           2.605   Trainees (H-3)
           2.606   Spouse and Dependent Children (H-4)
           2.607   Length of Stay, Extensions, and Change of Employers
           2.608   Strategic Considerations and Special Cases

2.7   INTRACOMPANY TRANSFEREES (L VISAS)
           2.701   Definition
           2.702   Requirements
           2.703   Obtaining an L-1 Visa
           2.704   New Offices
           2.705   Dual Intent
           2.706   Length of Stay and Extensions
           2.707   Spouses and Children
           2.708   Strategic Considerations

2.8   CANADIAN AND MEXICAN PROFESSIONALS ENTERING UNDER NAFTA (TN VISAS)
           2.801   Eligibility
           2.802   Filing Procedures

2.9   TREATY TRADERS (E-1 VISAS) AND TREATY INVESTORS (E 2 VISAS)
           2.901   General Considerations
           2.902   Treaty Traders
           2.903   Treaty Investors

2.10   REPRESENTATIVES OF FOREIGN MEDIA (I VISAS)
           2.1001   Sources of Law and Regulation
           2.1002   Definition
           2.1003   Procedure for Filing
           2.1004   Length of Stay
           2.1005   Spouses and Children
           2.1006   Classification When Eligible for Both I and E Visas

2.11   INTERNATIONAL CULTURAL EXCHANGE PROGRAM PARTICIPANTS (Q VISAS)
           2.1101   Eligibility
           2.1102   Required Documents
           2.1103   Length of Stay and Extensions

2.12   ENTERTAINERS, ARTISTS, AND ATHLETES: ALIENS OF “EXTRAORDINARY ABILITY” (O VISAS)
           2.1201   Eligibility
           2.1202   Definitions
           2.1203   O-2 and O-3 Visas
           2.1204   Required Documents
           2.1205   Length of Stay, Extensions, and Change of Employer

2.13   ENTERTAINERS, ARTISTS, AND ATHLETES: PERFORMING GROUPS AND ATHLETES (P VISAS)
           2.1301   Eligibility
           2.1302   Required Documents
           2.1303   Length of Stay, Extensions, and Change of Employer

2.14   STUDENTS: ACADEMIC STUDENTS (F VISAS)
           2.1401   Sources of Law and Regulation
           2.1402   General Requirements
           2.1403   F-1 Work Authorization
           2.1404   Spouse and Minor Children
           2.1405   Length of Stay and Extensions
           2.1406   Transfers

2.15   STUDENTS: VOCATIONAL STUDENTS (M VISAS)
           2.1501   Eligibility
           2.1502   General Requirements
           2.1503   Length of Stay and Extensions
           2.1504   Change of Status

2.16   STUDENTS: CULTURAL EXCHANGE VISITORS (J VISAS)
           2.1601   Sources of Law and Regulation
           2.1602   Requirements
           2.1603   Filing Procedure
           2.1604   Two-Year Residence Abroad and Waivers
           2.1605   Length of Stay and Extensions

2.17   RELIGIOUS WORKERS (R VISAS)
           2.1701   In General
           2.1702   Required Documents
           2.1703   Length of Stay and Extensions

2.18   DIPLOMATIC VISAS (A VISAS AND G VISAS)
           2.1801   In General
           2.1802   Benefits
           2.1803   Length of Stay and Extensions

2.19   FIANCÉES AND FIANCÉS (K VISAS)
           2.1901   Definition
           2.1902   Procedure
           2.1903   Special Considerations

2.20   VICTIMS OF TRAFFICKING (T VISAS)
           2.2001   In General
           2.2002   Application Procedure

2.21   VICTIMS OF VIOLENCE (U VISAS)
           2.2101   In General
           2.2102   Application Procedure

2.22   BENEFICIARIES OF IMMIGRANT PETITIONERS (V VISAS)
           2.2201   Definition
           2.2202   Procedure

2.23   WITNESSES AND INFORMANTS (S VISAS)

CHAPTER 3: OBTAINING PERMANENT RESIDENCE STATUS

3.1   GENERAL CONSIDERATIONS
           3.101   Introduction
           3.102   Numerical Limits or Quotas
           3.103   Procedure: Consular Processing Abroad Versus Adjustment of Status in the United States
           3.104   Rescission
           3.105   Related Applications and Consequences

3.2   FAMILY-BASED IMMIGRATION
           3.201   In General
           3.202   Family-Based Preference Categories

3.3   ALIENS NOT SUBJECT TO PREFERENCE SYSTEM
           3.301   Immediate Family
           3.302   Special Immigrants

3.4   CONDITIONAL PERMANENT RESIDENCE AND MARRIAGE FRAUD
           3.401   Procedures
           3.402   Marriage During Removal Proceedings
           3.403   Removal for Termination of Conditional Permanent Residence
           3.404   Penalties for Marriage Fraud

3.5   DIVERSITY-BASED IMMIGRATION
           3.501   In General
           3.502   Procedures

3.6   EMPLOYMENT-BASED IMMIGRATION
           3.601   The Labor Certification Process
           3.602   The Employment Preferences

CHAPTER 4: CITIZENSHIP AND NATURALIZATION

4.1   INTRODUCTION
           4.101   In General
           4.102   Principles Governing Citizenship

4.2   CITIZENSHIP BASED ON PLACE OF BIRTH

4.3   CITIZENSHIP ACQUIRED THROUGH PARENTS

4.4   DOCUMENTARY PROOF OF UNITED STATES CITIZENSHIP

4.5   CITIZENSHIP ACQUIRED THROUGH NATURALIZATION
           4.501   Eligibility Requirements
           4.502   The Application Process

CHAPTER 5: DEPORTATION, EXCLUSION, AND REMOVAL

5.1   INTRODUCTION
           5.101   In General
           5.102   Distinctions Between Deportation, Exclusion, and
           Removal
           5.103   Detention Provisions

5.2   INADMISSIBILITY
           5.201   Inspection and Admission or Removal Procedures
           5.202   Grounds for Inadmissibility

5.3   GROUNDS FOR DEPORTATION AND REMOVAL
           5.301   In General
           5.302   Definitions

5.4   REMOVAL PROCEEDINGS
           5.401   In General
           5.402   Burdens of Proof
           5.403   Appeals and Motions to Reopen and Reconsider

5.5   RELIEF FROM REMOVAL
           5.501   Waiver of Inadmissibility
           5.502   Asylum
           5.503   Special Immigrant Juvenile Status (SIJS)
           5.504   Cancellation of Removal
           5.505   Special Visas
           5.506   Withholding of Removal
           5.507   Voluntary Departure
           5.508   Other Relief

CHAPTER 6: EMPLOYER SANCTIONS

6.1   INTRODUCTION

6.2   SECTION 274A VIOLATIONS AND RESULTING PENALTIES
           6.201   Definitions and Limitations on Applicability
           6.202   Paperwork Violations
           6.203   Knowing Hire Violations
           6.204   Penalties

6.3   FORM I-9 AND THE EMPLOYER’S OBLIGATIONS
           6.301   In General
           6.302   Authorized Documents

6.4   SPECIAL CONSIDERATIONS
           6.401   Questionable Documents: USCIS Notification of
           Possible Unauthorized Aliens
           6.402   Incorrect Social Security Numbers
           6.403   Pending Labor Certification

6.5   REVERIFICATION

6.6   RETENTION OF FORM I-9 RECORDS
           6.601   In General
           6.602   Rehired Employees

6.7   PROCEDURES: CHRONOLOGY OF AN INVESTIGATION AND HEARING
           6.701   Investigation
           6.702   Notice of Inspection
           6.703   Search of Premises
           6.704   Hearing
           6.705   Statute of Limitations
           6.706   Review

6.8   DEFENSES AND MITIGATION
           6.801   Good Faith
           6.802   Technical Violations
           6.803   Mitigation of Fines

CHAPTER 7: UNFAIR EMPLOYMENT PRACTICES

7.1   INTRODUCTION

7.2   PROHIBITED CONDUCT

7.3   PERSONS PROTECTED

7.4   EMPLOYERS WHO ARE LIABLE

7.5   DISCRIMINATION BASED ON NATIONAL ORIGIN
           7.501   Discrimination Under Title VII and IRCA
           7.502   Conflicts Between E-Visa Treaties and Anti-discrimination Laws
           7.503   Bona Fide Occupational Qualification Defenses

7.6   DISCRIMINATION BASED ON CITIZENSHIP STATUS
           7.601   In General
           7.602   Exceptions for Equally Qualified Applicants
           7.603   Exceptions for Business Necessity

7.7   ELEMENTS OF A COMPLAINT AND CHRONOLOGY OF HEARING

7.8   PENALTIES

APPENDIX: AGENCY CONTACT INFORMATION

TABLE OF AUTHORITIES

INDEX

Thomas J. Fadoul, Jr.

Thomas J. Fadoul, Jr. is a Principal of the law firm Offit Kurman. He practices with emphasis in many aspects of domestic and international trade, joint ventures, investment strategies, compliance, and licensing. Additionally, he has expertise in coordinating the efforts of companies with governments in various countries to meet economic demand in niche markets worldwide. This includes the assemblage of public, private, and public/private partnerships in the global marketplace.

Having broad experience and familiarity with international law, Mr. Fadoul has worked closely with both individuals and companies on a wide range of commercial affairs. He has negotiated import/export trade and foreign direct investment transactions that require knowledge of finance, government regulations, mobility and immigration of foreign personnel, dumping policies, subsidies, and tariff and non-tariff barriers.

Additionally, Mr. Fadoul has worked to guide direct investment into and from various countries across the globe by facilitating the expansion of business operations abroad through distribution and franchise formulations. This area of practice encompasses mergers and acquisitions, the building and licensing of new facilities, technology transfer, and offset reinvestment and/or repatriation of profits earned from overseas operations.

Mr. Fadoul is a member of the Bars of the District of Columbia and Virginia. In addition to being a founding member of the board of directors of various international trade associations and of a commercial bank, he is a past Chairman of the Board of Governors of the Virginia State Bar Inter-national Law Section and a past President of the International Trade Association of Northern Virginia. He was also a guest lecturer on international law at the George Mason University International Transactions graduate program.

Mr. Fadoul holds a B.A. from the University of Virginia, a J.D. from the University of Richmond School of Law, and a Master of Laws, with distinction, in International Law from Georgetown University Law Center.

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Publication Date:	2016
Available Formats:	Print (189 pages, softcover, 1 volume)
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Product #:	892

Immigration Law Essentials for Virginia Practitioners

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