In this program, we will touch on common pitfalls in the practice of employment based immigration law. We will also discuss tracking and educating clients and foreign nationals on the expiration of their work authorization and status via the “last action rule,” developing and managing foreign national employee’s long term employment based immigration strategy including managing final dates in NIV status, working with managers and employers to develop position descriptions, effectively communicating timelines and expectations with clients and employees, wholistic advice for families of foreign national employees, and developing contingencies to the H-1B CAP lottery.
Key topics to be discussed:
The Last Action Rule for tracking I-94 expiration
Managing final date in NIV status and long term strategy options
Developing a position description
Effectively communicating timelines and expectations to client companies and foreign national employees
Dependent status considerations including work authorization
H-1B CAP contingencies
Date: April 13, 2023
Amanda Hayes | Fragomen, Del Rey, Bernsen & Loewy, LLP
Amanda is a Senior Associate at Fragomen’s Boston office, where she assists clients in the preparation of petitions for both immigrant and nonimmigrant visas.
Prior to joining the firm, Amanda worked at an immigration nonprofit, where she represented foreign nationals in removal proceedings. She also spent several years as an Associate Attorney at an immigration firm, where she represented clients in family, humanitarian, and employment-based immigration matters, including EB-5 and complex I-140 cases. Amanda also has experience preparing H1-B petitions on behalf of professionals from diverse industries.
Amanda has represented asylum seekers through the Political Asylum/Immigration Representation (PAIR) Project and unaccompanied children through Kids in Need of Defense (KIND).
I. The Last Action Rule for tracking I-94 expiration | 2:00pm – 2:15pm
II. Managing final date in NIV status and long term strategy options | 2:15pm – 2:30pm
III. Developing a position description | 2:30pm – 2:45pm
IV. Effectively communicating timelines and expectations to client companies and foreign national employees | 2:45pm – 3:00pm
Break | 3:00pm – 3:10pm
V. Dependent status considerations including work authorization | 3:10pm – 3:25pm