Emerging Issues on Cap-Subject H-1B Petitions
In a two hour live webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues regarding Cap-Subject H-1B Petitions.
Key topics include:
- Important Rules for H-1B petitions and cap-subject petition specifically
- Filing Period for New H-1B Cap-Subject Petitions
- Prerequisite Labor Condition Application (LCA)
- Key “Cap-Gap” Provisions and STEM
- Up-to-the-minute Regulatory Updates
- Post-Selection: Other Options to H-1B status If Not Selected
Michael F. Turansick, Partner
Fragomen, Del Rey, Bernsen and Loewy, LLP
- Last year in review, volume of cases
- Expectations for 2015
- Filing issues and instructions
Elizabeth Espin Stern, Partner
Mayer Brown LLP
- Nuts and bolts where your company falls
- Establishing eligibility and filing
- Which organizations are subject to the cap
Sarah M. M. Duckham, Senior Attorney
- F-1 STEM if available
- F-1 return to school
- Training visas
- Exchange program
- Not a clear option any more
- Narrative is the idea that advance training is needed beyond the OPT period
- Have to show elaborate training plan
- Must have a reason why offering the training and entity abroad to transfer the foreign national
- USCIS knows that timing is suspicious
- If company is an affiliate or subsidiary of a company abroad, send the foreign national to work outside the U.S.
- 1 year abroad technically meets the requirements but in reality difficult to show specialized knowledge with 1 year
- If lucky enough to be a national of Chile, Singapore, Canada, Mexico or Australia
- Working at a cap-exempt university
- If company can have agreement with cap-exempt university to have foreign national work “at” the school as defined
- The work has to have some benefit to the school – relevancy to the school
Overall conclusion of course is that unfortunately, the options available are difficult to achieve.
Who Should Attend:
- Employers, HR & General Counsel
- Immigration Officers
- Immigration Lawyers
- Other Related/Interested Professionals
Elizabeth Espín Stern is a partner in Mayer Brown's Washington DC office and a member of the Employment & Benefits group. She has over 25 years of experience advising on US and global immigration, HR and mobility services, and is consistently ranked as a leading business immigration lawyer by Chambers Global, Chambers USA, Who's Who Legal, The International Who's Who of Business Lawyers, and national and local publications. In addition, she has been named in Best Lawyers in America, Super Lawyers and "Women in Law Awards 2014" by Lawyer Monthly. She spearheads Mayer Brown's new global worksite management initiative. This "Global People Solution" offers multinational clients, in a variety of sectors including financial services, IT, defense, telecommunications and multimedia, a comprehensive compliance and risk management program in connection with their mobile workforce. Liz regularly speaks and writes about immigration policies and contributes to major news agencies and publications, including Legal Times and Global Employer.
Elizabeth Espín Stern is a partner in Mayer Brown's Washington DC office and a member of the Employment & Benefits …
Michael F. Turansick is a Partner at Fragomen, Del Rey Bernsen & Loewy LLP and manages the Firm’s Chicago office. Mr. Turansick has over 25 years of experience in corporate immigration law and manages a diverse practice that is comprised of individual, start-up, mid-size, and large multinational companies encompassing a broad range of industry sectors, including automotive, manufacturing, finance, pharmaceutical, technology solutions, telecommunications, professional services and consumer products. His work on behalf of clients includes advising on immigration options for companies seeking to open new U.S. offices, the immigration consequences of mergers and acquisitions or other corporate restructurings, employment verification compliance, EB-5 immigrant investor options and strategic immigration program management. Mr. Turansick has served on the Board of Trustees of the American Immigration Council and is a member of the Employee Relocation Council, the American Bar Association and the American Immigration Lawyers Association (AILA). A frequent author and speaker on immigration topics, Mr. Turansick is listed in the current editions of Best Lawyers and The International Who’s Who of Corporate Immigration Lawyers.
Michael F. Turansick is a Partner at Fragomen, Del Rey Bernsen & Loewy LLP and manages the Firm’s Chicago office. …
Ms. Sarah Duckham is a Senior Attorney with Trow & Rahal. She has been practicing immigration law since 2000, with a focus on business immigration law. Sarah’s expertise focuses primarily on working with employers to obtain temporary work visas and green cards to employees and is a leader within the firm on matters concerning labor certification/PERM. Sarah also manages the firms Compliance Practice. She is recognized by The International Who’s Who of Corporate Immigration Lawyers 2014. Sarah graduated from the University Of Maryland School Of Law in Baltimore, Maryland in 1991, where she graduated with honors and was awarded the Order of the Coif.
Ms. Sarah Duckham is a Senior Attorney with Trow & Rahal. She has been practicing immigration law since 2000, with …
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Method of Presentation:
NASBA Fields of Study:
Personnel/HR and Business Law
NY Category of CLE Credit:
Areas of Professional Practice
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About Mayer Brown LLP
Mayer Brown is a global legal services organization advising clients across the Americas, Asia and Europe. Our presence in the world’s leading markets enables us to offer clients access to local market knowledge combined with global reach. We are noted for our commitment to client service and our ability to assist clients with their most complex and demanding legal and business challenges worldwide. We serve many of the world’s largest companies, including a significant proportion of the Fortune 100, FTSE 100, DAX and Hang Seng Index companies and more than half of the world’s largest banks. We provide legal services in areas such as: banking and finance; corporate and securities; litigation and dispute resolution; antitrust and competition; US Supreme Court and appellate; employment and benefits; environmental; financial services regulatory and enforcement; government and global trade; intellectual property; real estate; tax; restructuring, bankruptcy and insolvency; and wealth management.
About Fragomen, Del Rey, Bernsen and Loewy, LLP
Fragomen provides comprehensive immigration services for short- and long-term international assignments, permanent transfers and the local hire of foreign workers. With more than 2,000 immigration professionals at over 40 strategically located offices across 18 countries, we offer the highest caliber of immigration services available on a global, regional or country basis. While we practice exclusively in immigration law, Fragomen has consistently been recognized as a top-tier law firm worldwide. Best Lawyers in America, the longest-standing and most respected peer-reviewed publication in the legal profession, currently ranks Fragomen as the #1 firm in immigration law. In addition, U.S. News – Best Lawyers designated Fragomen as “Law Firm of the Year – Immigration Law” in its most recent listing. A significant number of partners and attorneys within the firm are listed in Best Lawyers in America and Who’s Who in American Law, and Fragomen has been named a “Go-To Law Firm of the World’s Leading Companies” as published by ALM and in Fortune Magazine.
About Trow&Rahal, P.C.
For more than 20 years, Trow & Rahal has advised clients on employment-related immigration, compliance issues and policy guidance, visas for investors, athletes, and entertainers, global immigration matters, individual and family immigration matters, and complex citizenship and naturalization cases. The firm's clients include prominent U.S. and multi-national corporations, start-up and family businesses, educational and research institutions, trade and non-profit associations, and religious and charitable organizations located throughout the U.S. and around the world.