JANUARY 25, *If you encounter any problems while making a reservation, please Kathryn Chong.

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1 AMERICAN IMMIGRATION LAWYERS ASSOCIATION 2013 MIDYEAR CONFERENCE HOT TOPICS IN THE TROPICS: COMPLICATED BUSINESS CASES SOLUTIONS FROM THE EXPERTS JANUARY 25, 2013 INTERCONTINENTAL PLAYA BONITA RESORT PANAMA CITY, PANAMA Did you ever wish you could sit in on private conversations of top experts in the field discussing their most cutting edge ideas and strategies on the hottest issues of the day? This is your ideal opportunity. For the first time ever, AILA is providing a forum for the most frequently-requested speakers to engage in an unstructured and interactive conversation on the hottest topics as chosen by the AILA membership. On each topic, two experienced lawyers will discuss and debate cutting edge strategies with the opportunity for any member of the audience to voice agreement, disagreement or ask questions of the speakers. Speakers will be instructed to provide new information or new ways of thinking about issues. Speakers will be given the suggested bullets below for each panel but will be encouraged to amend or change the bullets to address the most current issues on each topic. Another innovation is that the program will be divided into completely independent morning and afternoon programs. Attendees will have a choice of attending the morning program, the afternoon program or both programs. The topics and speakers in the morning and afternoon will be different, so you can choose which program you prefer and have the rest of the day free, or choose to attend both programs and hear these panels on a different subject matter area. AILA Room Rate: $187 USD Single/Double, plus applicable taxes. AILA rate includes full breakfast buffet daily for 2 adults. Mandatory Charges: $4 USD per person bellman charge, $2 USD per day housekeeping charge Please make your reservation online. *If you encounter any problems while making a reservation, please Kathryn Chong. NOTE: The specially discounted AILA group rate has been contracted for room nights reserved from January 22, 2013 through January 27, 2013 only. The AILA group rate is not guaranteed for any other dates and will be based on availability. A first night s deposit will be charge at the time of the reservation. Hotel Cut-off Date: December 28, 2012* *Hotel reservations are made on a first-come, first-served basis. Rooms at AILA rate will sell out before the deadline, so we advise you to make your reservation as early as possible. Day Coordinator: Lisa H. York, Denver, CO 7:30 am 4:30 pm REGISTRATION, INFORMATION & EXHIBITS 8:20 am 8:30 am WELCOME AND REMARKS H. Ronald Klasko, Conference Program Chair, AILA Past President, Philadelphia, PA TRACK I: CUTTING EDGE ISSUES AND STRATEGIES IN EMPLOYMENT-BASED REPRESENTATIONS 1

2 8:30 am 9:45 am OUT OF TIME OR OUT OF NUMBERS: SOLUTIONS FOR H-1BS H-1B numbers gone? Six years running out? The panelists will share strategies you may have missed to enable your client to remain in the U.S. and to work in the U.S. Cap Exemptions that You Didn t Know Existed Using Subcontracting when Direct Employment Is Not Possible F-1 to L-1 without Leaving the U.S. Clients Who Are Never Subject to Time Limits How the Foreign National s Spouse Can Help Visa Categories You May Not Have Considered Denyse Sabagh, AILA Past President, Washington, DC Howard Sam Myers III, AILA Past President, Minneapolis, MN 9:45 am 10:30 am MOBILE EMPLOYEES AND OFFSITE EMPLOYMENT: STRATEGIES FOR NIVS AND IVS In an increasingly mobile world, where work can be performed from anywhere, employees not conventionally working at the employer s office have challenged traditional assumptions under immigration law. Moreover, many business models, such as IT consulting, rely on employees being placed at third party sites and moved around from client to client. Our immigration laws and policies have not been able to catch up, thus causing challenges to the immigration practitioner when advising clients. Filing LCAs and PERMs for Telecommuting and Other Mobile Employees Where to File, Post and Other Precautions? What Happens if an Employee Moves After an H-1B or PERM Is Filed? Counseling Clients Regarding Third Party Placements of H-1B Workers L-1 Issues Does a Manager Need an Office? Is It Still Possible for Specialized Knowledge Work to Be Performed at Client Sites? B-1s at Third Party Sites FDNS and Consular Trends Concerning Movement of Employees Export Control Regulations Pertaining to Employees at Third Party Sites Eleanor Pelta, AILA Immediate Past President, Washington, DC Deborah J. Notkin, AILA Past President, New York, NY 10:30 am 10:45 am NETWORKING BREAK 10:45 am 11:30 pm EMPLOYMENT-BASED VISAS: SEPARATING THE LAW FROM THE LORE Are USCIS memos and policies on employment-based nonimmigrant visas consistent with the law? Only sometimes. This panel points out variances between the law and CIS policies, and how applying the law can benefit your clients in ways you might have never considered. Why Employer Violations Should Not Affect Employee s H-1B Status Proving Portability for Out of Status and Non-H-1B Aliens Staying in Status When Not Working Obtaining L-1 with Minority Ownership in Common Strategies for Successful E-2s with Minimal Investments Myths of J-1 Two-year Return Requirements 2

3 Specialty Occupation and Managerial Capacity RFEs What s Really the Law? H. Ronald Klasko (DL), AILA Past President & Conference Committee Chair, Philadelphia, PA Tammy Fox-Isicoff, AILA Board of Governors, Miami, FL 11:30 am 12:15 pm REPRESENTATION OF ENTREPRENEURS: FITTING SQUARE PEGS IN ROUND HOLES The U.S. immigration system is not user-friendly for entrepreneurs. Small investments, employer-employee issues and problematic EB-1 criteria all combine to limit the options for the job-creating entrepreneur. This panel will discuss successful strategies to overcome those hurdles in order to accomplish the immigration goals of entrepreneurs. Counseling the Entrepreneurial Student H-1Bs for Employees Who Start and Own Their Own Companies E-2s for Entrepreneurs with Small Investments Secrets of Successful Start-up L-1s Proving Extraordinary or Exceptional Entrepreneurial Ability Restructuring to Make Labor Certification Possible Is EB-5 an Option? Cyrus D. Mehta, New York, NY Anastasia Tonello, New York, NY 12:15 pm 1:15 pm LUNCH PROVIDED TRACK II: OFFENSIVE AND DEFENSIVE STRATEGIES FOR CLIENTS WITH PROBLEMS 12:15 pm 1:15 pm LUNCH PROVIDED 1:15 pm 2:00 pm NEXT GENERATION ISSUES IN PROSECUTORIAL DISCRETION AND ADMINISTRATIVE REMEDIES FOR BUSINESS CLIENTS This session will creatively explore all potential avenues for obtaining prosecutorial discretion and other administrative remedies for your employment-based client whose back is against the wall. The panel will also suggest strategies on how those granted prosecutorial discretion can be sponsored for permanent residence as well as advise employers about potential pitfalls regarding employees seeking prosecutorial discretion. Finally, the experts will advocate how one can push for further expansion of relief through administrative action while Congress is in a stalemate. Exploring All Available Avenues for Your Client to Remain in the U.S. and Obtain Employment Authorization Sponsoring a Deferred Action Beneficiary for Permanent Residence How Far Can Matter of Arrabally and Yerrabelly Go? Your Employer Client Tells You That Some Employees May Be Eligible for Deferred Action How Do You Handle the Situation? 3

4 Keeping the EAD Alive and Kicking Even After the Removal Case Has Been Administratively Closed Using NIV Waiver for Overcoming 3/10 year Bars and Obtaining Permanent Residence Assisting Maxed-out H-1Bs Under AC-21 Whose Spouses Are the Beneficiaries of Labor Certifications Broadening Reach of CSPA Automatic Conversion Provision Under Khaled v. Holder Advocating for Further Administrative Relief without Congressional Action Excluding Derivatives from Preferences, Filing Adjustment Applications Before Current Date, and Parole Laura Lichter, AILA President, Denver, CO David W. Leopold, AILA General Counsel/Past President, Cleveland, OH 2:00 pm 2:45 pm EMPLOYMENT-BASED VISA PETITION DENIAL? THINK FEDERAL COURT Representation of your business client does not end when a petition is denied. Should you appeal to the AAO? In many cases, the best chance of success and the quickest resolution is direct federal court review. Experienced litigators share their strategies and experiences in going on the offensive to achieve success for their clients. Responding to RFEs in Preparation for Judicial Review Advising Clients on Choice of AAO or Federal Court Rebutting Government Jurisdictional Challenges to Court Review Choice of Parties and Venues Practical Tips and Strategies from Successful Cases Cost and Timing Considerations Charles H. Kuck, AILA Past President, Atlanta, GA Stephen Manning, AILA Board of Governors, Portland, OR 2:45 pm 3:00 pm NETWORKING BREAK 3:00 pm 3:45 pm HOW TO PROTECT EMPLOYERS FROM IMMIGRATION-RELATED PENALTIES As compliance has become extremely complicated, involving ratcheted oversight/investigations by multiple agencies, it is paramount for the immigration practitioner to develop a comprehensive compliance program for the client. The development of such a compliance program may be able to minimize the impact of a site visit DOL investigation or I-9 audit, as well as insulate the employer against new forms of liability such as securities fraud. Designing the Essential Components of a Comprehensive Compliance Program LCA, PERM, H-1B, L-1, and I-9 Advising an Employer to Use or Not Use E-Verify or IMAGE Constructive Knowledge Issues and How Companies Should Deal with No-Match Letters, Questionable Documents and Allegations Regarding Employees or Managers 4

5 Due Diligence Considerations During Mergers, Acquisitions and Reorganizations When All Hell Breaks Loose, Best Practices in Representing Clients during FDNS Site Visit, DOL Investigation or I-9 Audit Emerging Trends Beyond Wal-Mart Independent Contractor Liability: Securities Fraud, US Worker Claims, RICO Violations Bonnie K. Gibson, Phoenix, AZ Mary E. Pivec, Washington, DC 3:45 pm 4:30 pm SUCCESSFUL STRATEGIES FOR DEALING WITH CONSULATES IN DIFFICULT CASES From Dublin to Delhi the visa application process can present a barrier to beneficiaries. Cases that USCIS readily approves may be problematic at posts. Is it ever really possible to prepare an applicant for an interview? Will the consular officer even review documentation presented? What to do when a case is denied? How to Deal with Consular Delays You Need What? Laundry List Denials Errors of Fact vs. Errors of Law What to Do When Consul Returns Petition to USCIS Resources Available When Things Go Wrong How to Obtain Review of Consular Officer s Decision Bernard P. Wolfsdorf, AILA Past President, Santa Monica, CA Kathleen Campbell Walker, AILA Past President, El Paso, TX 4:30 pm CONFERENCE CONCLUDES CONFERENCE PROGRAM COMMITTEE H. Ronald Klasko, Conference Program Chair, AILA Past President, Philadelphia, PA Neil S. Dornbaum, Newark, NJ Susan S. Im, Grand Rapids, MI Cyrus D. Mehta, New York, NY Anastasia Tonello, London, Great Britain Grace Akers Woods, AILA Director, Education, Washington, DC 5