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When a Green Card Employee Is Stopped at the Airport: Employer Duties After Blanche v. Lau

A returning green card employee can be paroled at the border and lose work authorization overnight. Build the pre-travel screening protocol, apply the six § 101(a)(13)(C) risk factors, and handle I-9 reverification and temporary I-551 stamps after Blanche v. Lau.

2026-09-17 13:00:00

Program Details

2026-09-17 13:00:00

Program Details

2026-09-17 13:00:00

Over 1,000+ webinars

2026-09-17 13:00:00

Course Overview

The riskiest thing your client’s green card employee will do this year is come home

2026-09-17 13:00:00

Blanche v. Lau, decided in June 2026, changed what happens when a lawful permanent resident reenters the country. The six exceptions in § 101(a)(13)(C) now carry consequences the employer feels directly. CBP’s expanded biometric entry/exit program, effective December 2025, means old travel habits no longer hold.

Send an LPR employee abroad unscreened, and an old criminal record can convert reentry into a parole. Accept a temporary I-551 stamp incorrectly, and the I-9 file becomes the violation. Request the wrong document, and the employer invites a discrimination claim. Wait for the employee to raise the problem, and the clock has already run.

You leave with a pre-travel screening protocol, a risk-factor checklist, scenario maps for four reentry outcomes, and reverification and leave rules. This is practitioner judgment applied to a holding only months old, not doctrine a research tool can summarize.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
The Lau Holding
How the Supreme Court’s June 2026 decision in Blanche v. Lau turns a routine reentry into an employer obligation.
02
Risk-Factor Screening
How the six § 101(a)(13)(C) exceptions drive the risk-factor identification checklist you run before an employee flies.
03
Pre-Travel Protocol
How to build a screening protocol that holds privacy and privilege while coordinating immigration and criminal defense counsel.
04
The Parole Clock
How the parole-versus-admission distinction disrupts work authorization and what contingency planning must be in place before departure.
05
I-9 Reverification Traps
How the temporary I-551 stamp changes the I-9 baseline rules that apply to your lawful permanent resident employees.
06
Reentry Scenario Mapping
How four reentry outcomes map to employer obligations without breaching anti-discrimination guardrails or breaking employment continuity.

Program schedule

clock 1:00 pm - 2:00 pm EST

Preventing the Airport Stop: Travel Screening Protocols for Greem Card Employees

This session examines the Supreme Court’s June 2026 decision in Blanche v. Lau and its direct implications for employers whose lawful permanent resident employees travel internationally. Attorneys will learn how to build a pre-travel screening protocol that identifies at-risk employees before departure, coordinates criminal defense and immigration counsel, and accounts for the expanded CBP biometric entry/exit program effective December 2025. Attendees will leave able to advise clients on the specific risk factors that now trigger heightened border scrutiny, the parole-versus-admission distinction that can disrupt work authorization, and the contingency planning steps that reduce employer exposure when an LPR employee’s reentry goes wrong.

Kate KalmykovKate Kalmykov
Courtney BrooksCourtney Brooks
clock 2:10 pm - 3:10 pm EST

Work Authorization and I-9 Compliance When a Green Card Employee’s Reentry Goes Wrong

This session examines what employers must do — and must avoid — when a lawful permanent resident employee’s international travel results in a border parole, document confiscation, or prolonged absence under Blanche v. Lau. Attorneys will learn the I-9 rules governing temporary I-551 stamps, the anti-discrimination constraints that limit employer document requests, and how to build internal protocols for employment continuity when an LPR employee’s reentry goes wrong. Attendees leave with a working framework for reverification triggers, leave decisions, and voluntary criminal disclosure protocols in a post-Lau environment.

Kate KalmykovKate Kalmykov
Courtney BrooksCourtney Brooks
Kate Kalmykov

Kate Kalmykov

Greenberg Traurig, LLP

Courtney Brooks

Courtney Brooks

Greenberg Traurig, LLP

Kate Kalmykov

Kate Kalmykov

Greenberg Traurig, LLP

Kate Kalmykov advises employers across industries on hiring and retaining foreign talent, with a practice that includes handling complex cases, Requests for Evidence, Notices of Intent to Deny, and appeals. A Shareholder at Greenberg Traurig and Co-Chair of the firm’s Global Immigration & Compliance Practice, she practices from the firm’s New Jersey and New York offices and brings more than two decades of experience in business immigration. Her work centers on temporary and permanent residency strategies for executives, scientists, and IT professionals, and she has deep experience with the EB-5 immigrant investor program and with employment-related immigration compliance.

Education & Credentials

Ms. Kalmykov earned her J.D. from American University Washington College of Law in 2005, along with an M.A. in International Affairs from American University the same year. She received her B.A. in International Studies, magna cum laude, from American University in 2002. She is admitted to the bars of New York and New Jersey and to the U.S. District Court for the District of New Jersey, and she is fluent in Russian.

Recognition & Leadership

Ms. Kalmykov has been ranked in the Chambers USA Guide every year from 2013 through 2026 and listed in The Best Lawyers in America for Immigration Law from 2019 through 2027. Lawdragon has named her among its 100 Leading Immigration Lawyers (2023–2026) and its 500 Leading U.S. Corporate Employment Lawyers (2020–2026), and The Legal 500 United States recognized her in Labor and Employment – Immigration from 2015 through 2022. She was named a New Jersey Law Journal “Woman Attorney of the Year” in 2024, a National Law Journal “Trailblazer” in Immigration in 2018, and a National Law Review “Go-To Thought Leader” in Immigration Law in 2022. Super Lawyers have listed her for the New York Metro region from 2021 through 2025, following Rising Stars selections from 2012 through 2020. Earlier honors include NJBIZ’s “Best 50 Women in Business” (2019), Lexology’s Client Choice Award for New Jersey (2013), the New Jersey Law Journal’s “New Leaders of the Bar” (2012), the American Bar Association Litigation Section’s Outstanding Subcommittee Chair award (2010–2011), and AILA’s Education/Conference Committee Co-Chair of the Year (2007).

Professional Involvement

Within the American Bar Association, Ms. Kalmykov has co-chaired the Committee on Immigration and Naturalization of the Section of Administrative Law since 2011 and served as Programs Chair of the Immigration Litigation Committee from 2010 to 2012. She is a longtime member of the American Immigration Lawyers Association, where she has served on the EB-5 Committee (2017–2018), the Annual Conference Planning Committee (2010–2012), and the Distance Learning Committee (2011–2012 and 2021–2022). In AILA’s New York Chapter she served on the USCIS District Director Liaison Committee (2012–2014), as Secretary (2009–2011), as CLE Committee Chair (2009–2011), and on the Corporate Practice Committee (2008–2014); in the New Jersey Chapter she served on the CBP Liaison Committee (2012–2014). She is a member of the International Bar Association’s Immigration and Nationality Law Committee and sat on Law360’s Editorial Advisory Board for Immigration (2022–2023).

At the ABA’s request, Ms. Kalmykov co-authored “What Every Lawyer Needs to Know About Immigration Law,” and her writing has appeared in ABA immigration practice handbooks, AILA materials, ILW, New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and Commercial Observer. She contributes to the EB-5 Insights and Inside Business Immigration blogs, is quoted in outlets including The Wall Street Journal, Law360, and The Real Deal, and has appeared on CNN, the Stoler Report, Vietface TV, and China Business Network. Her civic roles include President of the Council of Jewish Émigré Community Organizations (COJECO) since 2016 and board service with the New Jersey Symphony, Helping Hands for Ukraine, and the Ukrainian Habitat Fund.

Experience

Ms. Kalmykov’s practice is known for its handling of complex cases and for responding to Requests for Evidence and Notices of Intent to Deny and pursuing appeals, an approach clients have described as “out-of-the-box thinking, responsiveness and hands-on approach.” She counsels employers on compliance in hiring and retaining foreign talent and on multinational personnel transfers, and she develops temporary and permanent residency strategies for executives, scientists, and IT professionals.

In the EB-5 immigrant investor program, she has worked with developers and funds on Regional Center applications, project structuring, and compliance under the EB-5 Reform and Integrity Act; she has represented thousands of investors in obtaining green cards through EB-5 projects and has structured more than $12 billion in EB-5 deals, including the largest offering in the program’s history. She also designs I-9 compliance trainings and E-Verify guidance, defends employers in immigration and Department of Labor audits, and works alongside the firm’s labor, employment, tax, and benefits specialists. She devotes pro bono time to asylum, Temporary Protected Status, and humanitarian parole matters.
Courtney Brooks

Courtney Brooks

Greenberg Traurig, LLP

Courtney Brooks co-chairs the Immigration & Compliance Practice at Greenberg Traurig and practices from the firm’s Atlanta office. Her work spans U.S. business immigration, compliance, and enforcement actions, as well as global immigration. She represents large multinational corporations and small start-ups across the full range of employment-based categories — from permanent residence filings including PERM, national interest waivers, extraordinary ability and outstanding researcher petitions, and multinational manager petitions, through nonimmigrant classifications including H-1B, H-3, J-1, L-1A/B, O-1, and TN — with particular familiarity with the retail industry and the pressures it faces. A substantial share of her practice addresses I-9 employment verification, enforcement actions, and H-1B and LCA compliance, delivered proactively through onsite training, internal audits and reviews, and practices designed to reduce exposure before a government investigation begins.

Education & Credentials

She received her J.D. from Georgia State University College of Law in 2010 and a B.Com. from McGill University in 2004. She is admitted in New Jersey and New York; her firm profile notes that she is not admitted in Georgia and that her practice is limited to federal immigration practice. She is fluent in Italian and conversational in French and Spanish.

Recognition & Leadership

She has been listed among Lawdragon’s 100 Leading Immigration Lawyers (2024–2026), in the Chambers USA Guide for Immigration (2021–2026, recognized as “Up and Coming” in 2021), and in The Best Lawyers in America for Immigration Law (2021–2026). She was named to the Southeastern Legal Awards’ Best Mentors list in 2023, recognized as a “Georgia Trailblazer” by the Daily Report and an “Immigration Law Trailblazer” by the National Law Journal in 2019, and listed in The Legal 500 United States for Labor and Employment – Immigration in 2019.

Professional Involvement

She is a member of the International Bar Association and of both the New York chapter and the Southeast chapter of the Italy-America Chamber of Commerce. She contributes to the firm’s EB-5 Insights, Labor & Employment, and Inside Business Immigration blogs.

Experience

She advises multinational clients on global mobility, moving key personnel into markets around the world. Before entering practice she served as a Business Development and Project Manager with the Georgia Department of Economic Development from 2006 to 2009, where she worked in life sciences business development helping technology and life sciences companies relocate to and expand in Georgia — work that put her in regular contact with the global mobility needs of international and domestic employers. In the fall of 2009 she externed with the Internal Revenue Service, Office of General Counsel, Large and Mid-Size Business Division, Strategic Litigation. She has studied, lived, and worked in Canada, France, and Italy.
Kate Kalmykov

Kate Kalmykov

Greenberg Traurig, LLP

Kate Kalmykov advises employers across industries on hiring and retaining foreign talent, with a practice that includes handling complex cases, Requests for Evidence, Notices of Intent to Deny, and appeals. A Shareholder at Greenberg Traurig and Co-Chair of the firm’s Global Immigration & Compliance Practice, she practices from the firm’s New Jersey and New York offices and brings more than two decades of experience in business immigration. Her work centers on temporary and permanent residency strategies for executives, scientists, and IT professionals, and she has deep experience with the EB-5 immigrant investor program and with employment-related immigration compliance.

Education & Credentials

Ms. Kalmykov earned her J.D. from American University Washington College of Law in 2005, along with an M.A. in International Affairs from American University the same year. She received her B.A. in International Studies, magna cum laude, from American University in 2002. She is admitted to the bars of New York and New Jersey and to the U.S. District Court for the District of New Jersey, and she is fluent in Russian.

Recognition & Leadership

Ms. Kalmykov has been ranked in the Chambers USA Guide every year from 2013 through 2026 and listed in The Best Lawyers in America for Immigration Law from 2019 through 2027. Lawdragon has named her among its 100 Leading Immigration Lawyers (2023–2026) and its 500 Leading U.S. Corporate Employment Lawyers (2020–2026), and The Legal 500 United States recognized her in Labor and Employment – Immigration from 2015 through 2022. She was named a New Jersey Law Journal “Woman Attorney of the Year” in 2024, a National Law Journal “Trailblazer” in Immigration in 2018, and a National Law Review “Go-To Thought Leader” in Immigration Law in 2022. Super Lawyers have listed her for the New York Metro region from 2021 through 2025, following Rising Stars selections from 2012 through 2020. Earlier honors include NJBIZ’s “Best 50 Women in Business” (2019), Lexology’s Client Choice Award for New Jersey (2013), the New Jersey Law Journal’s “New Leaders of the Bar” (2012), the American Bar Association Litigation Section’s Outstanding Subcommittee Chair award (2010–2011), and AILA’s Education/Conference Committee Co-Chair of the Year (2007).

Professional Involvement

Within the American Bar Association, Ms. Kalmykov has co-chaired the Committee on Immigration and Naturalization of the Section of Administrative Law since 2011 and served as Programs Chair of the Immigration Litigation Committee from 2010 to 2012. She is a longtime member of the American Immigration Lawyers Association, where she has served on the EB-5 Committee (2017–2018), the Annual Conference Planning Committee (2010–2012), and the Distance Learning Committee (2011–2012 and 2021–2022). In AILA’s New York Chapter she served on the USCIS District Director Liaison Committee (2012–2014), as Secretary (2009–2011), as CLE Committee Chair (2009–2011), and on the Corporate Practice Committee (2008–2014); in the New Jersey Chapter she served on the CBP Liaison Committee (2012–2014). She is a member of the International Bar Association’s Immigration and Nationality Law Committee and sat on Law360’s Editorial Advisory Board for Immigration (2022–2023).

At the ABA’s request, Ms. Kalmykov co-authored “What Every Lawyer Needs to Know About Immigration Law,” and her writing has appeared in ABA immigration practice handbooks, AILA materials, ILW, New Jersey Lawyer, the New York Law Journal, the New Jersey Law Journal, USA Today, GlobeSt.com, and Commercial Observer. She contributes to the EB-5 Insights and Inside Business Immigration blogs, is quoted in outlets including The Wall Street Journal, Law360, and The Real Deal, and has appeared on CNN, the Stoler Report, Vietface TV, and China Business Network. Her civic roles include President of the Council of Jewish Émigré Community Organizations (COJECO) since 2016 and board service with the New Jersey Symphony, Helping Hands for Ukraine, and the Ukrainian Habitat Fund.

Experience

Ms. Kalmykov’s practice is known for its handling of complex cases and for responding to Requests for Evidence and Notices of Intent to Deny and pursuing appeals, an approach clients have described as “out-of-the-box thinking, responsiveness and hands-on approach.” She counsels employers on compliance in hiring and retaining foreign talent and on multinational personnel transfers, and she develops temporary and permanent residency strategies for executives, scientists, and IT professionals.

In the EB-5 immigrant investor program, she has worked with developers and funds on Regional Center applications, project structuring, and compliance under the EB-5 Reform and Integrity Act; she has represented thousands of investors in obtaining green cards through EB-5 projects and has structured more than $12 billion in EB-5 deals, including the largest offering in the program’s history. She also designs I-9 compliance trainings and E-Verify guidance, defends employers in immigration and Department of Labor audits, and works alongside the firm’s labor, employment, tax, and benefits specialists. She devotes pro bono time to asylum, Temporary Protected Status, and humanitarian parole matters.
Courtney Brooks

Courtney Brooks

Greenberg Traurig, LLP

Courtney Brooks co-chairs the Immigration & Compliance Practice at Greenberg Traurig and practices from the firm’s Atlanta office. Her work spans U.S. business immigration, compliance, and enforcement actions, as well as global immigration. She represents large multinational corporations and small start-ups across the full range of employment-based categories — from permanent residence filings including PERM, national interest waivers, extraordinary ability and outstanding researcher petitions, and multinational manager petitions, through nonimmigrant classifications including H-1B, H-3, J-1, L-1A/B, O-1, and TN — with particular familiarity with the retail industry and the pressures it faces. A substantial share of her practice addresses I-9 employment verification, enforcement actions, and H-1B and LCA compliance, delivered proactively through onsite training, internal audits and reviews, and practices designed to reduce exposure before a government investigation begins.

Education & Credentials

She received her J.D. from Georgia State University College of Law in 2010 and a B.Com. from McGill University in 2004. She is admitted in New Jersey and New York; her firm profile notes that she is not admitted in Georgia and that her practice is limited to federal immigration practice. She is fluent in Italian and conversational in French and Spanish.

Recognition & Leadership

She has been listed among Lawdragon’s 100 Leading Immigration Lawyers (2024–2026), in the Chambers USA Guide for Immigration (2021–2026, recognized as “Up and Coming” in 2021), and in The Best Lawyers in America for Immigration Law (2021–2026). She was named to the Southeastern Legal Awards’ Best Mentors list in 2023, recognized as a “Georgia Trailblazer” by the Daily Report and an “Immigration Law Trailblazer” by the National Law Journal in 2019, and listed in The Legal 500 United States for Labor and Employment – Immigration in 2019.

Professional Involvement

She is a member of the International Bar Association and of both the New York chapter and the Southeast chapter of the Italy-America Chamber of Commerce. She contributes to the firm’s EB-5 Insights, Labor & Employment, and Inside Business Immigration blogs.

Experience

She advises multinational clients on global mobility, moving key personnel into markets around the world. Before entering practice she served as a Business Development and Project Manager with the Georgia Department of Economic Development from 2006 to 2009, where she worked in life sciences business development helping technology and life sciences companies relocate to and expand in Georgia — work that put her in regular contact with the global mobility needs of international and domestic employers. In the fall of 2009 she externed with the Internal Revenue Service, Office of General Counsel, Large and Mid-Size Business Division, Strategic Litigation. She has studied, lived, and worked in Canada, France, and Italy.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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MCLE Credits

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Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

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  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs