22nd Annual AILA New York Chapter Immigration Law Symposium

22nd Annual AILA New York Chapter Immigration Law Symposium

Live Event Date: 12/04/2023
Format Length CLE Eligible
Conference 1 Day Yes

After a three-year hiatus, (just like Broadway) the New York Chapter Symposium is back!

The immigration process can sometimes feel like watching a show that never ends, filled with long intermissions and unanticipated plot twists. This conference puts a spotlight on the many possible directions the story can take, including those that seem confusing, while providing tips and suggestions to help you take center stage and bring the performance to a successful conclusion! The conference addresses current issues and problems faced by practitioners (including issues unique to New York) and will feature two tracks: (1) employment-based immigration; and (2) family-immigration and removal. You’ll also get the latest news and practical information directly from government representatives and AILA liaisons, as well as opportunities to network with colleagues in the heart of Broadway! In addition, the program includes a special session on cybersecurity so that attorneys barred in New York can meet their new MCLE requirement.

All registrants receive:

  • Digital Handbook
22nd Annual AILA New York Chapter Immigration Law Symposium

December 4, 2023
New York Marriott Marquis
New York, NY

Plenary | Business Track | Family and Removal Track

Times listed on the Program are Eastern Time (ET)

Note: All sessions and events are subject to change without notice.


8:15 am – 5:00 pm Registration and Exhibits

 

Plenary Track
8:45 am – 8:50 am Conference Kickoff

Rosanna M. Fox, AILA Board of Governors, Conference Program Co-Chair, Livingston, NJ

Kushal N, Patel, AILA New York Chapter Chair, New York, NY

Cheryl David, Conference Program Co-Chair, AILA USCIS Field Operations Liaison Committee, New York, NY

8:55 am – 9:55 am “You Ain't Never Had a Friend Like Me”: How to Balance Cybersecurity and Efficiency in Your Practice (Cybersecurity)

Recent technological advances, such as cloud-based storage, video calling, text messaging, and artificial intelligence (AI), have helped attorneys create efficiencies in their daily operations as well as managing clients and government agencies. But are there dangers associated with these “magical” tools? The panelists will focus on the real-life practical concerns of cybersecurity threats and breaches. In addition, they will discuss ethical considerations relating to the utilization of AI in your practice. Learn how to make technology work for you and keep your workplace safe!

  • Are your files secure? Backups, redundancies, and encryption
  • Contingency and resiliency: internet outages and “dark” clouds
  • Common threats: ransomware, social engineering, leaking, and electronic theft
  • Now that you know the dangers, how do you protect yourself?
  • Forget lawyers! Hire a bot to write your cases
    • Pros and cons: ethical landmine or genius?
Faculty
  • Kushal N. Patel (DL), AILA New York Chapter Chair, New York, NY
  • William A. Stock, AILA Past President/DOL Liaison Committee, Philadelphia, PA
  • Elizabeth R. Bruen, AILA Innovation & Technology Committee, Chicago, IL
  • Joseph V. DeMarco, Partner, DeMarco Law, PLLC, New York, NY
10:05 am – 11:35 am The Hottest Ticket in Town! The Government Panel

Come hear the latest updates from your local government officials, including U.S. Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), U.S. Customs and Border Protection (CBP), and the Executive Office for Immigration Review (EOIR).

Faculty
  • Alexis S. Axelrad (Co-DL), AILA Second Vice President, New York, NY
  • Cheryl David (Co-DL), Conference Program Co-Chair, AILA USCIS Field Operations Liaison Committee, New York, NY
  • *USCIS Representative
  • *ICE Representative
  • *CBP Representative
  • *EOIR Representative
11:35 am – 11:45 am Networking Break

 

Plenary | Business Track | Family and Removal Track

 

Business Track
11:45 am – 12:45 pm Little Shop of Horrors: Complex Maintenance of Status Issues in Business Immigration

Help your clients rewrite the ending to their immigration story and make it a happy one! The panelists will discuss complex maintenance of status issues and creative strategies for keeping your clients in status.

  • Grace periods: regulatory language versus practical implications
  • Complicated change of status situations, such as H-1B to B-2, B-2 to H-4, B-2 to F-1, and more
  • Impact of Day 1 curricular practical training (CPT)
  • Inadvertent overstays
Faculty
  • Rosanna M. Fox (DL), AILA Board of Governors, Conference Program Co-Chair, Livingston, NJ
  • Jeff Joseph, First Vice President, Denver, CO
  • Anastasia Tonello, AILA Past President/DOS Liaison Committee, New York, NY
  • Cyrus D. Mehta, AILA Ethics Committee Chair/Benefits Litigation Committee, New York, NY
  • Lucy Cheung, AILA USCIS Case Assistance Committee Vice Chair, Conference Program Committee, New York, NY
12:45 pm – 1:35 pm Lunch Break
1:35 pm – 2:35 pm Sunset Boulevard: Is the Golden Age of PERM Over?

On June 1, 2023, as part of its ongoing modernization initiative, the U.S. Department of Labor (DOL) released the new version of Form ETA 9089 accessible in the Foreign Labor Application Gateway (FLAG). Thus culminated the 18-year run of the previous version, which—like some Broadway classics—can be both anachronistically troublesome and comfortingly familiar. Six months post-modernization, the panelists will discuss how changes to the 9089 impact the day-to-day PERM practice and strategies. They also will address the impact of equal pay legislation on PERM as more salary transparency laws are passed in jurisdictions around the United States.

  • Familial relationship under the new Form ETA 9089
  • Return with a vengeance? Kellogg language, and how to deal with alternative requirements
  • Specific Vocational Preparation (SVP) level calculations, business necessity, and audits
  • Equal Pay Transparency (EPT) laws
Faculty
  • Sonal Sharma (DL), Conference Program Committee, New York, NY
  • Cora-Ann V. Pestaina, AILA Business Section Steering Committee, Livingston, NJ
  • Susanne C. Heubel, AILA DOL Liaison Committee, Conference Program Committee, New York, NY
  • Michele G. Madera, Philadelphia, PA
2:35 pm – 2:45 pm Networking Break
2:45 pm – 3:45 pm Phantom of the Workplace: Worksite Compliance in the Times of Remote/Hybrid Employment

The ability to transition to a remote/hybrid work environment was the saving grace for many businesses during the COVID-19 pandemic. However, this new “normal” also created many difficulties for employers complying with regulations and policies created long before remote work was even possible. The expert speakers for this advanced panel will discuss complex issues and strategies for employers seeking to comply with antiquated rules in the modern world.

  • Companies transitioning to fully remote: how to structure various NIV and IV filings, including Es, Ls, Hs, and I-140s
  • Notice requirements and actual wage range for H-1Bs/E-3s/H-1B1
  • B-1/ESTA in lieu of H: “working” on U.S. soil?
  • I-9 remote verification: alternative procedure
Faculty:
  • Scott Gorski (DL), New York, NY
  • Allen Orr, AILA Past President/Diversity, Equity, and Inclusion Committee Chair/Client Resources Committee, Washington, D.C.
  • Shavit Yarden, AILA CBP Liaison Committee, Conference Program Committee, New York, NY
  • Shaun Staller, Philadelphia, PA
3:45 pm – 4:00 pm Networking Break
4:00 pm – 5:00 pm Like No Other Show You’ve Seen: Extraordinary Clients

Extraordinary clients have extraordinary goals. The panelists for this advanced session will discuss nonimmigrant (NIV) options for foreign nationals starting careers in the United States, including choosing the best visa category for presenting evidence to USCIS officers for clients in emerging industries. Panelists also will discuss strategies for clients with the long-term goal of becoming permanent residents.

  • Working backwards: evaluating and presenting options based on the client’s long-term goals
  • Emerging fields and non-traditional evidence for extraordinary ability: what type of evidence should be presented?
  • Recommendation letters: value and purpose in the O-1A, O-1B, EB-1A, and NIW contexts
  • Criteria for film and television vs. theatre: extraordinary achievement in the industry vs. distinction
  • National Interest Waiver (NIW)/EB-1 for Science, Technology, Engineering, and Mathematics (STEM)
  • When to consider applying for an NIW instead of an EB-1A
Faculty:
  • Carolyn S. Alvarez (DL), Long Island City, NY
  • Rachel Baskin, Conference Program Committee, Rockville Centre, NY
  • Eric Lorenzo, Conference Program Committee, New York, NY
  • Amanda Gupta, Brooklyn, NY

 

Plenary | Business Track | Family and Removal Track

 

Family and Removal
11:45 am – 12:45 pm Humanitarian Relief: The Impossible Dream?

“Give me your tired, your poor, your huddled masses yearning to breathe free” … but then what? Recent regulatory changes have affected how foreign nationals in need can enter the United States with advanced permission. But what can they do once they are here? Does every noncitizen have a claim to political asylum? Can they obtain Temporary Protected Status (TPS)? The panelists for this advanced session will review the changes at the border and discuss how to craft a creative claim for political asylum, if feasible. If political asylum is not viable, the panelists will explore options for foreign nationals who are paroled into the United States or have been granted TPS and discuss strategies for alternate forms of relief.

  • Political opinion vs. particular social group as grounds for asylum
  • Humanitarian relief: CBP One™, new parole options
  • How to use TPS or parole to gain permanent residency
Faculty
  • Paul O’Dwyer (DL), Conference Program Committee, New York, NY
  • Alexandra M. Goncalves, New York, NY
  • Sarah Lachman, New York, NY
12:45 pm – 1:35 pm Lunch Break
1:35 pm – 2:35 pm Litigation: “Climb Ev’ry Mountain”

Removal practice has recently undergone significant changes, including prosecutorial discretion (PD), EOIR docket-management initiatives, and new case law precedents. During this session for intermediate-to-advanced removal practitioners, the panelists will address issues that litigators are currently facing at each stage of a case’s lifecycle: from the filing of a Notice to Appear and navigating opportunities for PD to options for appealing a negative decision and motions to reopen.

  • Getting back in front of the judge when the case is off the docket: administrative closure, off-docket notices, and scheduling orders
  • The current state of PD, its different forms, and when it is in your client’s best interest
  • All about motions: Pereira/Niz-Chavez, Fernandes, sua sponte motions, joint motions, and motions for newly available relief and changes in the law
  • When is going to federal court appropriate for a denied case? Are there still winnable cases?
Faculty
  • Joseph C. Fungsang (DL), Conference Program Committee, New York, NY
  • Lindsey Gauzza, New York, NY
  • Matthew L. Guadagno, New York, NY
2:35 pm – 2:45 pm Networking Break
2:45 pm – 3:45 pm Waivers of Inadmissibility: “Don’t Rain on My Parade”

Your client is eligible for a family– or employment-based green card, but they are inadmissible and need a waiver. The panelists will provide a quick overview of the available waivers and different standards for each. They also will offer practical guidance for preparing waiver applications: where to file, when to file, and tips that can help get them approved.

  • Overview of types of waivers, qualifying relatives, hardship and discretion, and where to file
  • How much hardship is enough? Practical advice on what qualifies
  • What kind of evidence should you submit? Do you need a psychological evaluation?
  • Drafting effective memoranda and exhibits lists
  • Spotting other grounds of inadmissibility (i.e., smuggling, mental health, gang affiliation, misrepresentation) and alternatives
Faculty:
  • Randall A. Chamberlain (DL), AILA Family Section Steering Committee, Conference Program Committee, New York, NY
  • Kelli J. Stump, AILA President-Elect, Oklahoma City, OK
  • Ginny Nuñez, New York, NY
  • Myriam Sanchez-Hildenbrand, New York, NY
3:45 pm – 4:00 pm Networking Break
4:00 pm – 5:00 pm Crimmigration: “Once More, with Feeling!”

Our panel of experts will give you a refresher on the basics of crimmigration and how to determine if an offense renders your client removable. As often as you hear it, you still need to hear it again! Speakers will review recent, significant court decisions related to crimmigration. In addition, the panelists will provide practical advice on how to handle Requests for Evidence (RFEs) from USCIS when your client has a criminal history.

  • Basic terms and concepts (i.e., categorical, modified categorical, realistic probability)
    • Quick reminder on the difference between inadmissibility and removability, and why it matters
  • Update on significant Board of Immigration Appeals (BIA) and U.S. Court of Appeals for the 2nd Circuit cases
  • Valuable resources for people who do not practice crimmigration regularly
  • Responding to RFEs from USCIS on criminal document requests
Faculty:
  • Mary E. Kramer (DL), AILA Author, Immigration Consequences of Criminal Activity, 9th ed., AILA DOL Liaison Committee, Miami, FL
  • Cory Forman, AILA Board of Governors, New York, NY
  • Ryan Muennich, Acting Supervising Attorney for the Padilla Support Center, Immigrant Defense Project, New York, NY
5:00 pm Conference Concludes

 

Program Committee
Rosanna M. Fox, AILA Board of Governors, Conference Program Co-Chair, Livingston, NJ
Cheryl David, Conference Program Co-Chair, AILA USCIS Field Operations Liaison Committee, New York, NY
Randall A. Chamberlain, AILA Family Section Steering Committee, New York, NY
Lucy Cheung, AILA USCIS Case Assistance Committee Vice Chair, New York, NY
Susanne C. Heubel, AILA DOL Liaison Committee, New York, NY
Shavit Yarden, AILA CBP Liaison Committee, New York, NY
Rachel Baskin, Rockville Centre, NY
Joseph C. Fungsang, New York, NY
Eric Lorenzo, New York, NY
Diya A. Mathews, Edison, NJ
Paul O’Dwyer, New York, NY
Sonal Sharma, New York, NY
Elaine H. Witty, Memphis, TN

Kushal N, Patel, AILA New York Chapter Chair, New York, NY
Carolyn S. Alvarez, AILA New York Chapter First Vice Chair, Long Island City, NY
Scott Gorski, AILA New York Chapter Second Vice Chair, New York, NY
Sarah Lachman, AILA New York Chapter Treasurer, New York, NY
Cora-Ann V. Pestaina, AILA Business Section Steering Committee/New York Chapter Secretary, Livingston, NJ

JJ Area, AILA Education Program Manager, Washington, D.C.

 

Back to Top | Plenary | Business Track | Family and Removal Track

 

Live Conference CLE Credit

AILA will file for CLE credits in appropriate jurisdictions. Eligible participants can receive up to 6.5 total credits including up to 1.0 cybersecurity credit in 60-minute jurisdictions and up to 7.8 total credits including up to 1.2 cybersecurity credits in 50-minute jurisdictions. To receive CLE credit, attorneys must record sessions attended and CLE codes provided at each session via webCLE. Live attendance must be recorded by December 11th, 2023.

Please Note: CLE credits not reported on webCLE by the published deadline will be subject to an administrative late fee to cover incurred costs.

  Early Bird
Rate

(Through 11/13/23)
Regular Rate
(After 11/13/23)
Members (In-Person)
AILA Members $495 $695
AILA Members' Paralegal* $495 $695
AILA Law Student Members $295 $495
AILA Nonprofit Members $345 $545
Nonmembers (In-Person)
Nonmember Attorneys $695 $895
Nonmember Law Students $395 $595
Government $515 $715
Nonprofit Attorneys $515 $715

You can register for this event quickly and securely online by adding this item to your cart before the deadline and paying by credit card. We encourage you to take advantage of the Early Bird Registration and register by November 13, 2023.

Once you register online, the registration system will auto-generate a receipt to your paid registration.

COVID-19 Health and Safety Information and Protocols

AILA no longer requires proof of vaccination status to attend the AILA in-person conferences, meetings, or events. Mask-wearing is optional, at the discretion of each attendee. Please act responsibly and with consideration for the health and safety of others. For more information, please read the full protocols at: https://www.aila.org/conferences/in-person.

By registering for and attending the conference, you voluntarily agree to the following terms and conditions:

  • To assume all risks related to exposure to COVID-19.
  • To accept primary responsibility for taking steps to protect yourself from contracting COVID-19.
  • To follow all federal/state/local public health and government guidelines on COVID-19 health and safety in effect at the time of the conference, as directed by AILA.
  • To fully comply with any health, safety, and other policies instituted by AILA and the venue while attending the conference, including any modifications and/or enhancements of health and safety protocols.
  • To pay for all costs and expenses if you contract COVID-19 or test positive for COVID-19 prior to or while at the conference, including but not limited to costs related to a mandatory or voluntary quarantine (hotel, food and beverage), medical care, transportation to and from a medical facility or hospital, and changes in travel plans.
  • Hotel, food & beverage, and conference services may be modified or curtailed at any time if necessary or appropriate to meet COVID-19 health and safety practices, mandates, or recommendations, as determined by AILA or the venue.
  • These COVID-19 Health & Safety Protocols are subject to change without prior notice, in AILA’s sole discretion. If you do not abide by these Protocols, including the terms and conditions of attendance in effect at the time of the conference (as determined in AILA’s sole discretion), you will not be permitted to enter the conference and participate in person, or (if the conference has started) you will be refused further admission; and your registration will be transferred to the webcast option (if available). If there is no webcast, your conference registration will be canceled.
  • AILA reserves the right to cancel your conference registration (including speakers and exhibitors) at any time and for any reason, and provide you with the applicable refund, in its sole discretion. If cancellation is for your failure to abide by these Protocols, including these terms and conditions of attendance, you will receive no refund.
  • Under no circumstances shall AILA, its officers, directors, employees, and contractors be liable to you (or anyone claiming through you) for any injury, damages, claims, liabilities, costs, expenses, or other loss of any kind (including death), arising in any manner from COVID-19 or otherwise arising from your travel to/from, attendance at, or participation in, the conference.
  • AILA has no responsibility for any injury, damages, claims, liabilities, costs, expenses, or other loss of any kind (including death) arising in any manner from an event organized by an AILA chapter, affiliate, or other person or entity occurring prior to, during, or after the conference. You assume all risks from attendance at such events.
  • You agree that this Assumption of Risk & Agreement does not supersede or limit any applicable law limiting or barring the liability of AILA, its officers, directors, employees, and/or contractors from any claims related to COVID-19.

If you have any questions, please email conferences@aila.org.

Tuition Assistance
Full and partial tuition assistance will be offered for AILA National Conferences and Seminars based on need and availability. Please complete the tuition assistance application for consideration.

Paralegals
All paralegals must first create a paralegal account on AILA.org and complete the AILA member paralegal verification process in order to register for AILA products and services. Non-member paralegals are not eligible to register. Paralegals cannot register for AILA conferences until the verification process is complete.

AILA’s Meeting Code of Conduct:
AILA is committed to providing a professional and productive learning environment for all participants and staff. As a result, all participants are expected to follow all stated meeting and event instructions and guidelines in order to maintain an atmosphere of professionalism, mutual respect, and collegiality. AILA members in particular are expected to adhere to the principles set forth in AILA’s civility code. The guidelines herein apply to all AILA in-person, virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses, and roundtables. All participants must comply with the following guidelines to participate in the meetings and events:

  • All participants are expected to maintain a professional and civil discourse throughout AILA’s in-person/virtual meeting and event space. Participants are prohibited from using any defamatory, abusive, profane, discriminatory, harassing, threatening, and/or offensive language during the sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the virtual space.
  • All participants must comply with the instructions of the moderators and/or any event staff.
  • Disruption of sessions, events or any activity that takes place in-person or in virtual space is prohibited.
  • Presentations, postings, and messages should not contain promotional materials, special offers, job offers, product announcements, or solicitation for services unless preapproved by AILA. AILA reserves the right to remove any such communications that have not been preapproved.
  • Participants may not record, transmit, copy, or take screen shots of any sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the event space without prior approval from AILA. Participants who do not comply or are in violation of any of AILA’s meeting guidelines may be denied further access and participation at the discretion of event organizers. AILA is not responsible for reimbursement or refund if you are denied access or participation due to violation of AILA’s Meeting Code of Conduct.

Participants can contact conferences@aila.org with any questions or concerns related to AILA’s Meeting Code of Conduct.

Registration Approval
All registrations and reservations are subject to approval. Registrations and reservations received without payment will be returned. Registrations are NOT transferable and cannot be split among conference attendees. Cancellations must be received by the cancellation deadline date in writing to be eligible for the full refund (less $50 processing fee). Exceptions to the cancellation deadline will be made for emergencies and valid medical issues submitted with supporting documentation. Any and all liability of AILA with respect to registration, reservations, cancellations, changes in the location or content of the program, and refunds is limited to a sum no greater than the registration fee paid. Under no circumstances shall AILA be liable for incidental or consequential damages of any kind, including, but not limited to, the cost of transportation or lodging. Submission of registration and payment constitutes acceptance of the terms and conditions herein.

Non-member Registration
Attendance at in-person, virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses, and roundtables is solely restricted to AILA members and their employees, government employees, and nonmember attorneys. Non-attorney attendance is limited to the employees of AILA members in good standing, to HR professionals who have an AILA member reference, employees of accredited educational institutions providing support to international student and scholar services at their employing institutions, and accredited representatives under 8 CFR §292.2. AILA will reject conference registrations from persons who provide representation without authorization in violation of 8 CFR §292.1, such as for-profit "immigration consultants" and "notarios."

Registration Details
I understand that AILA will collect and store the data provided by the conference registrant to be included on the conference attendee list, and to provide me with information on AILA products and services. I may limit dissemination of information by AILA by updating communication preferences in my personal record at http://www.aila.org/myaila. I understand that AILA is based in the United States and that the European Commission does not consider United States laws to provide an adequate level of data protection. If I am a resident of a country of the European Union, I understand that my consent is the lawful basis for transfer of my personal data to the United States and that I can withdraw my consent at any time. I also understand that the transfer of my personal data to the United States in the absence of adequate protection and without safeguards deemed appropriate by the European Commission may pose certain risks, including that United States law may not provide for data processing principles, data subject rights, or enforcement of those rights analogous to those in the European Union. For a full description of AILA’s data collection and privacy policy, visit http://www.aila.org/privacy-policy.

Attendance Reporting on webCLE
You must sign in and timely submit attendance using webCLE in order to receive CLE credits. The total number of credits available for AILA events is determined by state bodies and may vary by jurisdiction.

Use of Photographic Images
Registration and attendance at the AILA conferences and events constitute an agreement by the registrant to the use and distribution of the registrant's image, voice, and/or electronic communication in photographs, video recordings, electronic reproductions and video/audio recordings of such events by AILA. Your registration may include technology that monitors your activities throughout the meeting, such as session attendance and booths visited.

ADA Request
AILA will provide ADA assistance if requested. Please e-mail conferences@aila.org with your special needs at the time of conference registration. Assistance may not be available if an adequate notice period is not provided.

Hotel Information

The conference will take place at the:

New York Marriott Marquis
1535 Broadway
New York, NY 10036

AILA Room Rate: $399 Single/Double*

*Please note: AILA rate WAIVES the hotel’s mandatory $30 per day destination fee.

Phone Reservations: 1-800-843-4898 (Refer to AILA Conference Block) or reserve online: Book Here

Hotel Cut-off Date: November 12, 2023

Cancellation Policy: Please cancel at least 72 hours prior to your arrival date to avoid paying one night’s room and tax.

Note: The specially discounted AILA group rate has been contracted for room nights reserved from December 3, 2023 through December 4, 2023 only. The AILA group rate is not guaranteed for any other dates and will be based on availability.

Hotel reservations are made on a first-come, first-served basis. Rooms at the AILA rate will sell out before the deadline, so we advise you to make your reservation as early as possible. AILA will not be able to get additional rooms at the AILA rate after the AILA block of rooms fills up.

Cancellations received by November 13, 2023, entitle registrants to a full refund (less $50 processing fee). Cancellation requests will not be accepted after November 13, 2023, but the conference materials will be made available to all registrants in their AILA Digital Library. Exceptions to the cancellation deadline will be made for emergencies and valid medical issues submitted with supporting documentation. All cancellations must be submitted by email to conferences@aila.org.