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