monday, june 19, 2017 federal practice track rooms: 306-307 · 2018-04-04 · monday, june 19, 2017...

Monday, June 19, 2017 Federal Practice Track Rooms: 306-307 12:45 - 1:45 p.m. Introduction to Judge Kelly Mahoney: Views from the Bench, Best Practices and Federal Court Practice Hon. Kelly Mahoney, United States Magistrate Judge, U.S. District Court, Northern District of Iowa 2:05 - 3:05 p.m. Federal Criminal Procedure Law Emerging Issues Peter Deegan, Criminal Chief for U.S. Attorney’s Office NDIA; Andrew Kahl, Criminal Chief for the U.S. Attorney’s Office, SDIA; Michael Lahammer, NDIA Criminal Justice Act Panel Attorney District Representative; and James Whalen, Federal Public Defender for NDIA, SDIA 3:15 - 4:15 p.m. Immigration Updates that Every Practitioner Should Know Kimberly Blankenship, Shareholder, Bradley & Riley PC and Daniel Vondra, Partner, Vondra Malott PLC

Monday, June 19, 2017 Federal Practice Track

Rooms: 306-307 Introduction to Judge Kelly

Mahoney: Views from the Bench, Best Practices and

Federal Court Practices

12:45 p.m. – 1:45 p.m.

Presented by Hon. Kelly Mahoney

United States Magistrate Judge U.S. District Court, Northern District of Iowa

620 Douglas St. Sioux City, IA 51101

Resources Northern District of Iowa:

Website: http://www.iand.uscourts.gov Clerk of Court: Robert Phelps (319) 286‐2330 [email protected] Technology – IT Help Desk: [email protected] Discovery practices: Opinion by Judge Bennett (Case No. 3:14‐cv‐3041‐MWB, Docket Entry No. 136):

Docket Text: MEMORANDUM OPINION AND ORDER re [122] Order To Show Cause. The conduct identified in the Show Cause Order does not warrant sanctions, notwithstanding that the conduct was contrary to the requirements for discover responses in the Federal Rules of Civil Procedure. No more warnings. In the future, using boilerplate objections to discovery in any case before me places counsel and their clients at risk for substantial sanction. Signed by Judge Mark W Bennett on 3/13/2017. (src)

Southern District of Iowa:

Website: http://www.iasd.uscourts.gov/ Clerk of Court: John Courter (515) 284‐6248 [email protected] Technology – IT Help Desk: (515) 284‐6414

http://www.iand.uscourts.gov

http://www.iasd.uscourts.gov/

Local Rules highlights: Motion must cite all statutes or rules. LR 7(b))(2) Requests for oral argument must be noted in both the caption and conclusion of a motion or resistance and must be supported by a showing of good cause. LR 7(c) Briefs are not required for certain types of motions. LR 7(d) Requests for expedited relief must be noted in the caption of the document and counsel must alert the judge’s chambers by phone or email. LR 7(i) Motions to continue or extend deadlines – require listing of current date or deadline, requested date or deadline, and number of prior extensions or continuances. LR 7(j) Required statement of other parties’ positions in non‐dispositive motions. LR 7(k) Personal data identifiers . LR 10(g) Request to extend scheduling order deadlines require demonstration of good cause. LR 16(f) Dispositive motions must be filed at least 150 (rather than 120) days before the trial ready date. LR 16(g) Final pretrial conference and submissions . LR 16A Discovery disputes – motions to compel. LR 37 Dismissal of actions. LR 41 ((a) involuntary; (b) settled cases)

Settlement deadline. LR 83B

Exhibits. LR 83E

Criminal Rules:

Appeal and reconsideration of detention orders. LCrR 5; Appeal from other rulings. LCrR 59 Plea hearings ‐ plea agreements and Rule 11 letters due by 5:00 pm on prior business day. LCrR 11 Resistances to motions – must be filed within 7 days after motion is served. See LCrR 47 Exhibits . LCrR 57B

Monday, June 19, 2017 Federal Practice Track

Rooms: 306-307 Immigration Updates that Every

Practitioner Should Know

3:15 p.m. – 4:15 p.m.

Presented by Kimberly Blankenship

Bradley & Riley PO Box 2804

Cedar Rapids, IA 52406 Phone: 319-363-0101

Daniel Vondra

Cole & Vondra LLP 209 E Washington St , Suite 305

Iowa City, IA 52240 Phone: 319-358-1900

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Copyright © 2015 Bradley & Riley PC - All rights reserved.

ISBA Annual Meeting 2017Immigration Law Update/Best Practices

June 19, 2017 Kim Blankenship

BRADLEY & RILEY PCATTORNEYS AND COUNSELORS

www.bradleyriley.com

Immigration Updates

• Current Administration’s immigration priorities and impact on employers

• H-1B Visa Cap, Lottery, Other Issues

• International Travel

• I-9 Update/Best Practices

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IntroductionEmployment-Based Visas

• Distinction between visa vs. status

• Common fact pattern for employers

• Common employment-based visa statuses:– H-1B: specialty occupation

– L-1: intracompany transferee

– TN: citizens of Canada and Mexico for designated occupations



H-1B Visa: Specialty Occupation

• Definition of specialty occupation

• 85,000 H-1B visas available each Fiscal Year

• Fiscal Year begins October 1, H-1B filing window opens April 1

• Who is subject to the “cap?”

• Cap-exempt petitioners or individuals

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H-1B Visa Update

• H-1B cap reached for 2018 FY– Cap applies to new petitions only

– Cap does not apply to colleges and universities

• 33% chance to win the H-1B visa lottery

• Alternatives to H-1B visa status– F-1/EAD extension

– TN

– L-1



Changes to H-1B program

• DOL measures to counteract fraud and abuse

– Investigate H-1B program violators

– Changes to LCA process

• USCIS measures to counteract fraud and abuse

– Random site visits, to focus on:• Small employers or newer businesses;

• H-1B dependent employers;

• H-1B workers placed offsite.

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Proposed changes to H-1B program

• 4 pending H-1B visa bills

– $100k/$130k bills• Focuses on H-1B dependent employers

– Proposed “H-1B/L-1 Visa Reform Act of 2017”• Internet ad requirement prior to filing H-1B

• H-1B visas allocated in a preference order based on education and salary

• Limitation on extension of H-1B visas

• LCA filing fee to fund investigations and enforcement



International Travel Issues

• 3/6/17 Executive Order (“travel ban” E.O.)– Currently blocked by federal appeals court

– Applies to foreign nationals of Syria, Iran, Libya, Somalia, Sudan and Yemen who are outside U.S.

• “Extreme vetting” – DOS proposed Form DS-5535 Supplemental Questions for

Visa Applicants• Expand information collection

• Required for “populations warranting increased scrutiny”

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• Visa stamping procedure generally

• Visa stamping procedure as revised under the E.O.

• What does this mean for you?– Uncertainty about international travel for employees

– Prepare employees thoroughly before they travel

• Discuss and plan for “worst case” scenarios

– Build policies around visa stamping for employees




• Requests by foreign nationals for time off to travel to home country– PTO issues

– Employer property and export regulations

– H-1B LCA obligation and unpaid status

– Access to employer’s counsel

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I-9 Update/Best Practices

• Current version of Form is 11/14/2016• Best practice: conduct internal I-9 audits• Timing of completing the form:

– Complete Section 1 on first day of employment– Complete Section 2 within 3 business days of first day of

employment

• Must review original documents– Reasonableness standard– Consult employer handbook, Form M-274 for common

questions



I-9 Keys for 2017

• Employee chooses what documents to present

– Cannot request to see specific documents

• Receipts

– Can accept a receipt for lost, stolen document (e.g. social security card, birth certificate)

– Must present actual document within 90 days

• Employer’s option to keep copies of documents

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I-9 Keys for 2017

• Purge documents that are outside retention window

– 1 year from date of term or 3 years from DOH, whichever is later

• For separated employees

• Be prepared for I-9 audits by conducting internal I-9 audits



Internal I-9 Audits: ICE Guidance

• Internal I-9 audits– Purge old I-9s that are outside retention period– Maintain separately from personnel files

• Initial question: review all forms or a sample?– Can choose a sample if do so based upon neutral and non-

discriminatory criteria• Conducting the review:

– Ensure forms are completely filled out• Communicating with EEs

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Internal I-9 Audits: Common Questions

• Section 1: who can amend?• Section 2

– Missing information– Individual who signed Section 2 is gone– Copies of documents are not attached

• How to amend?• What if there are multiple errors on the Form?

– ICE Guidance: can re-do the sections on a new I-9 and attach previous I-9, plus an explanatory statement



Internal I-9 Audits: Common Questions

• What if a form was not completed?– ICE Guidance: complete current version of I-9 ASAP and

attach explanatory sheet

• What if an entire section is blank?– ICE Guidance: complete missing section with current date

of completion (using actual DOH in Section 2) and attach explanatory sheet

• What if during internal audit, copies of documents do not appear to be genuine?

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Internal I-9 Audit: Common Questions

• Can an employer make organizational decision to do new I-9s for everyone if majority of existing forms seem to be deficient?

• What if EE admits s/he is not work authorized?

• What if EE admits s/he previously was not work authorized, but now has valid documents?



ICE Inspections: Basics

• Required to provide employers 3 days’ notice

• Usually initiated by a Notice of Inspection

• Recommend contact counsel immediately

• Employer can either provide forms for review onsite or may be requested to provide originals to ICE

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ICE Inspections: Basics

• After inspection, ICE will issue:– Notice of Inspection Results

– Notice of Suspect Documents

– Notice of Discrepancies

– Notice of Technical or Procedural Failures

– Warning Notice

– Notice of Intent to Fine



Technical vs. Substantive Violations

• Technical violations

– Employer is given 10 business days to correct

• Uncorrected Forms = substantive violations

• Substantive violations

– No ability to correct

– ICE issues Warning Notice or Notice of Intent to Fine, depending on the circumstances

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E-Verify

• Voluntary, except for federal contractors and those doing business in certain states

– Bill introduced in Iowa

• Would require E-Verify for businesses with over 25 employees

• Employers who do not comply and receive economic development incentives would be required to repay



Key Takeaways

• Identify those employees needing visa sponsorship and/or renewal and prepare in advance

• Prepare foreign national employees for international travel

• Conduct internal I-9 audits

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Cedar Rapids2007 First Avenue SE

PO Box 2804Cedar Rapids, Iowa 52406

Ph: 319.363.0101Fax: 319.363.9824

Iowa CityTower Place

One South GilbertIowa City, Iowa 52240

Ph: 319.466.1511 Fax: 319.358.5560

THANK YOU



Follow up questions can be directed to Kim Blankenship at [email protected]