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Under U.S. Immigration Law, there is a lengthy list of visa categories, from A to V, that resemble alphabet soup; it can be confusing to the petitioner as to which category is appropriate for which situation. In recent years, the federal government has been particularly aggressive in scrutinizing employers’ choice of visas used to hire foreign talent or to transfer existing employees into the United States. The consequences of noncompliance are significant, and can result in loss of productivity, civil penalties, and even criminal prosecution.
In this first session of a four part series, Fragomen partners Partick Shen and Amy Cococcia, along with associate Daniel Schwarz, explain the basic requirements of several visa categories commonly used for business purposes, the most appropriate situations in which to use each category, and how to ensure compliance with the terms of each category. The presenters also discuss how employers may defend effectively against government audits and investigations.
I. Understand the various visa options
II. Comprehend the duration and nature of assignment
III. Know the do’s and don’ts when traveling on a business visitor visa (B-1)
IV. Recognize considerations and pitfalls when making an intra-company transfer into the U.S.
V. Analyze dependent issues
Patrick is a partner in Fragomen's Government Strategies and Corporate Compliance Group. In this capacity, he works with U.S. and multinational clients to maintain compliant immigration programs.
Prior to rejoining Fragomen, Patrick was appointed by the President and confirmed unanimously by the United States Senate as Special Counsel for Immigration-related Unfair Employment Practices in the U.S. Department of Justice’s Civil Rights Division. He also served as Policy and Planning Director of U.S. Immigration and Customs Enforcement in the Department of Homeland Security, and Chief Immigration Counsel of the Senate Judiciary Committee. Earlier in his career, Patrick spent several years as an immigration litigator for the Justice Department, having served as Assistant District Counsel of the former Immigration and Naturalization Service (INS) and a trial lawyer in the United States Attorney’s Office in Brooklyn, NY and the Justice Department in Washington, DC, representing INS and other agencies in federal courts. He also had a stint in private practice as Director of Government Relations for Fragomen prior to his presidential appointment.
Patrick is an adjunct professor at American University’s Washington College of Law, and is a volunteer emergency medical technician with his local fire department in Maryland. He was a sports reporter in Taiwan before returning to the United States to attend law school.
PUBLICATIONS AND LECTURES
District of Columbia
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Fourth Circuit
U.S. Court of Appeals, Fifth Circuit
U.S. Court of Appeals, Ninth Circuit
Brigham Young University , J.D. , 1994
Brigham Young University , B.A. , 1990
Amy has been with the firm since graduating from law school in 1998, and is a leading member of the firm’s practice group dedicated to compliance. She was elected to partnership in 2008. Her clients span a wide range of industries, including multinational companies in financial services and accounting; architectural; entertainment retail; manufacturing; scientific; and staffing services; and technology development, marketing and publishing industries. She also utilizes her specialized experience in immigration and compliance to counsel a worldwide conglomerate organization, helping them to ensure that their workforce meets U.S. requirements for employment authorization and verification.
Having practiced immigration law for more than 14 years, Amy has extensive experience representing both corporate and individual clients regarding professional work visas, extraordinary ability petitions, family-based permanent residency, and complex citizenship and naturalization matters. Amy regularly counsels clients regarding employer sanctions and I-9 compliance issues. She is a member of the firm’s Compliance Committee, dedicated to benchmarking compliance trends, compiling successful compliance strategies, creating corporate compliance policies and representing corporations before U.S. Immigration and Customs Enforcement.
PUBLICATIONS AND LECTURES
Amy has assisted individuals with complex U.S. naturalization matters, as well as individual labor certification and other employment-based cases. Amy also provided guidance to natives of Haiti on applying for Temporary Protected Status (TPS) and work authorization following the earthquake in Haiti. Previously, Amy was involved with The Door, a New York City-based organization that provides comprehensive youth development services. Amy counseled children at a monthly clinic on varying immigration issues that ranged from work authorization to green cards and naturalization.
U.S. District Court, Eastern District of New York
U.S. Supreme Court
Brooklyn Law School , J.D. , 1998
Tufts University , B.A. , 1993
Dan joined Fragomen in 2005 and became an Associate in 2006. He handles all types of U.S. immigration, including complex matters associated with criminal issues and prior immigration violations. Dan practices in the fields of corporate, investor (E-2 and EB-5) and family immigration law, representing large and small corporate clients within a variety of industries, ranging from finance to technology, sports, fashion, academic institutions and the arts. This includes temporary and short-term work visas, business visas, permanent residence (employment-based and family-based) and naturalization.
Dan is the attorney responsible for a dedicated sports practice within the firm, which involves advising major and minor league sports teams, coaches, and athletes with a wide variety of immigration matters, including temporary work visas and permanent residence through the labor certification process and extraordinary ability classification.
He also serves on the firm’s Corporate Compliance Committee, which focuses on the representation of employers during government investigations, I-9 audits and a variety of IRCA issues.
Excellent piece. Helpful.
Excellent panel, and this course is very informative. Thank you.
good team effort
One of the best yet! Great compliance information and practical advice!!!
Good for attorneys and HR.
Another great, informative, and practical session.
Enjoyed all three speakers.
very timely, well presented
Excellent program and excellent execution. Thank you.
Substance of course excellent.
Excellent and concise information. Thank you!
Excellent presentation - great handle on the materials!
Excellent presentation by knowledgeable speakers
Relevant to all employers' counselors.
needed an overview for my practice. This was enough to give me that without going down into the weeds.
One of the best of the CLE courses I have taken; raised issues I did not expect, but that were very important.
very timely and informative
Great to see a tricky topic like this discussed as part of a CLE course!
clear, concise, constructive
Informative. Loved the question/answer format.
The format of having three presenters who interact was quite well done.
Excellent ! The speakers had professional demeanor (in appearance and bearing); they spoke with confidence and understandably (with good diction and audibly and in correct English); and they gave information of substance (citing both law and experience).
filled with good and useful information. good course.
Great seminar. Well presented by very interesting and personable speakers.
Very interesting and relevant subject/topic. Good scope and breadth.
Very useful primer on immigration compliance.
very good presenters
I feel much better prepared to advise clients with employees.
speakers were outstanding
Very practical course on assisting clients (employers) with these types of issues.
Excellent presenters, well organized and coordinated. Good slides also.
Excellent addition to my CLE efforts.
knowledgeable well paced and well prepared. Lots of useful information and great handouts
Nicely done. Glad you included Q & A on independent contractors too. Good job.
Very informative and well presented
Very informative. Good materials.
Great panel! Effective mode of presentation!
Very good! Thanks!
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