SYLLABUS IMMIGRATION AND BUSINESS LAW FALL 2016

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SYLLABUS
IMMIGRATION AND BUSINESS LAW
FALL 2016
Thursdays, 7:30pm – 9:30pm
(Location - TBD)
Pamela Doss Nieto, Adjunct Professor
BakerHostetler
(713) 646-1372 (office)
pnieto@bakerlaw.com
Course Description
This course will provide an in-depth review of the fundamentals of business immigration law,
from policies and criteria, to procedures and issues. Topics covered will include: temporary
work visa categories, permanent (green card) employment based categories, government agency
procedures, employment eligibility verification requirements, compliance, and enforcement.
Students will analyze primary and secondary sources, from statutes, regulations, and legal
decisions, to policy memoranda, government manuals, and liaison minutes. The course will pay
particular attention to the practical aspects of business immigration law, helping students become
better prepared to guide clients in navigating their business immigration needs.
Course Materials
No textbook will be required for this class. Materials, or links to internet accessible materials,
will be provided.
Grading
Grades will be determined as follows:
 20% attendance and participation
 30% assignments/projects
 50% final examination
Attendance and Participation
Attendance and preparation are both appreciated and key to comprehending this field of law.
University of Houston Law Center’s attendance policies should be followed. Up to two absences
will not adversely impact a student’s grade.
Computers and Internet Use
Laptops and similar devices are allowed during class for taking notes and accessing assigned
material. Please refrain from using devices for purposes not related to the class.
Immigration and Business Law – Nieto
Last Updated March 27, 2016 – Page 1
DATE
TOPICS
Class #1
08/25/2016
OVERVIEW
 Agencies
 Key Concepts/Terms
 Sources of Information
Class #2
09/01/2016
NONIMMIGRANT VISA (NIV)
CATEGORIES
 Overview
 General Procedures
o USCIS
o DOS (Consulate)
o CBP
READING LIST/ASSIGNMENTS
Note: The syllabus will be updated to
include the reading list/assignments
B - VISITORS
 B-2
 B-1
 B-1 in lieu of H-1B or H-3
 VWP-ESTA
Class #3
09/08/2016
TN – NAFTA PROFESSIONALS
 Mexico
 Canada
E – TREATY BASED
 E-1 – Treaty Traders
 E-2 - Treaty Investors

Class #4
09/15/2016
E-3 – Australian Specialty
Occupation Workers
H – TEMPORARY WORKERS
H-1B –Specialty Occupation Workers
 Labor Condition Application ( &
Public Access File)
 Cap & Exemptions
 Employment Relationship
 Working Offsite
 Porting
 Termination
The majority of class will be spent on H-1Bs
– We will briefly review:
 H-1B1 – Chilean and Singaporean
Professionals
 H-2A – Agricultural Workers
 H-2B – Non-Agricultural Workers
 H-3 – Trainees
Immigration and Business Law – Nieto
Last Updated March 27, 2016 – Page 2
DATE
Class #5
09/22/2016
TOPICS
L-1 – INTRACOMPANY TRANSFEREES
 L-1A – Managers and Executives
 L-1B – Specialized Knowledge
Workers
 Individual Petitions
 Blanket Petitions
Class #6
09/29/2016
O – ALIENS OF EXTRAORDINARY
ABILITY OR ACHIEVEMENT
READING LIST/ASSIGNMENTS
P – ARTISTS, ATHLETES,
ENTERTAINERS
OTHER NIV CATEGORIES (very brief
overview – mostly to be aware of – as a
reminder to always consider options for each
situation presented)
 A, C, CW, D, G, I, K, M, Q, R, S, T,
U
Class #7
10/06/2016
F-1 – STUDENTS
 CPT
 OPT (including STEM extensions)
J-1 – EXCHANGE VISITORS
 Categories
 2 year home country physical
presence requirement
 Waivers
Class #8
10/13/2016
EMPLOYMENT BASED (EB)
IMMIGRANT VISAS (IV) – EB
CATEGORIES REQUIRING A LABOR
CERTIFICATION (PERM)
EB-2 Advanced Degreed Professionals and
Aliens of Exceptional Ability
EB-3 Professionals, Skilled, Other Workers
The Labor Certification (PERM) Process
Class #9
10/20/2016
EB CATEGORIES NOT REQUIRING A
LABOR CERTIFICATION
EB-1 Priority Workers
 Aliens with Extraordinary Ability
 Outstanding Professors and
Researchers
 Multinational Executives and
Immigration and Business Law – Nieto
Last Updated March 27, 2016 – Page 3
DATE
TOPICS
Managers
READING LIST/ASSIGNMENTS
EB-2 Advanced Degreed Professionals and
Aliens of Exceptional Ability – IF qualify for:
 National Interest Waiver – General
 Physician NIW
Schedule A
Class #10
10/27/2016
EB CATEGORIES NOT REQUIRING A
LABOR CERTIFICATION - Cont’d.
EB-5 Investors, Employment Creation
IMMIGRANT VISA PETITIONS
 General
 Chargeability
 Priority Dates
 Retrogression
 Ability to Pay
 Consular Processing vs. AOS
 AC21 – Porting
Class #11
11/03/2016
EMPLOYMENT ELIGIBILITY
 Types
EADS
 Bases for obtaining (including
DACA)
VERIFICATION
 I-9 Process
 E-Verify
 Compliance
 Enforcement/Sanctions
Class #12
11/10/2016
DACA LICENSING ISSUES
MISCELLANEOUS TIDBITS
POST-ELECTION POSSIBILITIES
Class #13
11/17/2016
Final
TBD
REVIEW
EXAM
Immigration and Business Law – Nieto
Last Updated March 27, 2016 – Page 4
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