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Ryvin Wallace Group, LLP Immigration Law & Strategy

RYVIN WALLACE GROUP LLP

focused on Immigra'on Law & Strategy

Chris;na Lang Wallace Partner (703) 531-‐0790 [email protected]

Washington DC San Francisco CA


Immigra'on Law in 2011

Poli;cs vs Reality


The Scene

The US -‐-‐ Overseas -‐-‐ The Economy

!   GOAL: Driving Business !   Not Sinking It !   Figh;ng Fear

!   GeVng Government AWen;on for Good Treatment


US Goals and Policy !   US CIS Director Alejandro Majorkas !   FEBRUARY 2011 GOALS and PROJECTS

!   Comprehensive Policy Review !   Consistency & Updates in Procedures !   AAO and Precedent Decisions !   Comba;ng Fraud

!   AUGUST 2011: FOSTERING BUSINESS !   We’re not changing laws, just policies !   Backing off business immigra;on, apparently not the Enemy

!   (We’ll see)


CIS In Ac'on in 2010/2011

!   Policy Review = Warnings to Businesses to Avoid Fraud

!   Consistency and Updated in Procedures = !   One size fits all -‐-‐ had to step back from that posi;on !   Numerous template Kickbacks !   VIBE stun;ng companies; growing Dunn & Bradstreet

!   AAO on precedent decisions = Not Feasible Op;on in Reality

!   Comba;ng Fraud = !   Expanded E-‐Verify pulling in 1300 employers per week !   Visited 1000’s of Employers Commencing the Audit and Fine Process !   Actually are killing small business !   Are grouping deporta;ons because of record high numbers


CORPORATE COUNSEL – WHAT TO DO?

!   Understand Reality in Business Immigra;on Law !   Plan for Key People + Communicate Thoroughly !   KNOW Current Piialls in Business Immigra;on !   USE your Lawyer’s Knowledge to Strategize


H-‐1Bs for PROFESSIONALs

!  VIBE and ASVVP Site Visits !   Verified or Not ... PAIN

!   LCAs – Revisi;ng the Prefiling at DOL

!  Making the Short-‐List

!   (Numbers – roughly at 28,000 in the 65,000 Cap)


Labor Certs for Green Cards

!   Currently backlogging Prevailing Wages ! Readver;se

!   Recrui;ng – stopped? !   Don’t Try? Try? ! Restrategize

!   Planned – New fee of $295 + 120 days


L-‐1 Intracompany Transferees

!   Making the short list !   or GeVng Axed !   BEP

!   Planning for your Key Managers

!   Expanding the Growth of the Company

!   U;lizing Overseas Offices


Outstanding versus Extraordinary

!   Outstanding is for Temporary Visas !   Doable, but only for 3 years

!   Extraordinary is for Green Cards !   Extremely difficult !   Chasing your Tail through the Pe;;on

!   Devia;ng from the Laws by overwri;ng with Tough Policy


Counsel Using Immigra'on

!   To Achieve Company Growth

!   To Find and Hold onto Talent !   Use mul;na;onal manager concept

interna;onally

!   To Increase the BoWom Line !   Not Sink Needless ;me & Money !   Labor Certs for Indians and Chinese ! Intracompany Transfers?


What to Request from Your Lawyers !   Clarity and Op;mal Strategies

!   J-‐1 instead of H-‐1B? •  Then back overseas? Mul;na;onal manager in the

making?

!   Logis;cs and Timing

!   Outgrowth – increased pricing?

!   Did you remember the Spouse as a strategy point?


What to Give your Lawyers

!   Charts/Data Needed to Soothe DOL and CIS !   Possibili;es, Boundaries, Deadlines !   Some Pushback on Strategy

!   L-‐1B? Try L-‐1A. !   Green Card Wanted? Plan for managerial status

before US arrival. !   Upgrading Labor Certs? Try anyway. Time it.

Think.


What to Tell Your Managers & Employees

!   Be flexible in ;ming, if you can

!   Be thorough & responsive to Rigorous Informa;on Requests

!   Strategize and Trying does not ALWAYS get Results.

!   Worth the Effort, but US CIS may s;ll sink the visa. !   Go at it Again.


Predic'on : Reputa'on is KEY

!   Sta;s;cs-‐driven world

!   Data kept for reference !   Australia, UK !   US: BEP at consulates !   EB-‐5 Investor Visas !   Dunn & Bradstreet

!   Protect the Reputa;on of your Company, Your Lawyers


Christy Wallace, Partner Bio ! US Immigration: 15+ years solving/strategizing complex immigration problems for

business clients ranging from Fortune 500 to smaller companies & entrepreneurs; with attention to the corporate side, the individual’s side and the family members.

! Industry Sectors: IT, Finance, l services, construction and engineering, and multi-media production.

! Outbound immigration: visas routing into several other countries; drafted international Investor Visa Outline/Analysis for one country’s enactment.

! Consulting & Advising company executives, HR professionals, General Counsel, Other Attorneys, Employees and Relocation Companies.

! Seminars: Teaching HR professionals, I-9s & E-verify, Payroll Issues, Recordkeeping, Logistics, Organizing for an Immigration RFP, How to Choose Immigration Counsel.

! Teaching: Adjunct Professor to HR Managers on Immigration Laws at NVCC under PHR-certified curriculum.

! Memberships: North Carolina Bar, 1996-; South Carolina Bar, 1996–2007; American Immigration Lawyers Association (AILA); U.S. Council of International Business, Labor & Employment Policy Committee Member, 2003-2004; Society of Human Resource Managers (SHRM), 2001-present

! Education: JD, Wake Forest U. School of Law 1996, Law Review; BA, U.Va, Foreign Affairs/Spanish Linguistics 1992


Thank You!

RYVIN WALLACE GROUP LLP focused on Immigra'on Law & Strategy

Chris;na Lang Wallace Partner (703) 531-‐0790 [email protected]

Washington DC San Francisco CA

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