SAN DIEGO BIZ LAW APC Welcome to our

SAN DIEGO BIZ LAW APC Welcome to our Presentation

THERE ARE 6 MAJOR AREAS OF IMMIGRATION LAW Students And two extras: Relatives Investors Workers Waivers for criminal, health and overstay issues. Naturalization. These cover 90% of a law firm’s calls 2

THE ROAD AHEAD The summary of US immigration law by Ira Kurzban, which you cannot be without is about 2000 pages in size, with no pictures Non-stop data INA, CFR, FAM, Memos, Changes Weekly updates (Interpreter Releases) [Thomson Reuters $3500 pa] Federal Law Westlaw 30 years in 2 hours Although our specialty is business cases, we prepare all types of cases for 80 firms Why Pictures 3

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RELATIVES The major areas here are: (LU Visa Bulletin on Google) Immediate relatives: spouse, child under 21, parent if you are over 21 (see slide after ‘Visa Bulletin’) FIRST PREF: Unmarried sons & daughters of USCs THIRD: Married sons & daughters of USCs FOURTH: Brothers & sisters of USCs SECOND: A. Spouses & children of permanent residents B. Unmarried sons & daughters of permanent residents 5

RELATIVES There is no limit for immigrant visas for spouse or children of US Citizens as well as parents of US Citizen over the age of 21. Then the major areas of family sponsored immigration are: (LU Visa Bulletin on Google) First: (F 1) Unmarried Sons and Daughters of U. S. Citizens: 23, 400 plus any numbers not required for fourth preference. Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114, 200, plus the number (if any) by which the worldwide family preference level exceeds 226, 000, plus any unused first preference numbers: A. (F 2 A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; B. (F 2 B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation. Third: (F 3) Married Sons and Daughters of U. S. Citizens: 23, 400, plus any numbers not required by first and second preferences. Fourth: (F 4) Brothers and Sisters of Adult U. S. Citizens: 65, 000, plus any numbers not required by first three preferences. 6

VISA BULLETIN All Chargeabil Familyity Sponsored Areas Except Those Listed 08 AUG 11 F 2 A F 2 B F 3 F 4 08 OCT 16 15 FEB 12 01 AUG 06 22 APR 05 CHINAmainland INDIA born MEXICO PHILIPPIN ES 08 AUG 11 01 AUG 97 15 FEB 07 08 OCT 16 15 FEB 12 01 AUG 06 22 APR 05 08 OCT 16 15 FEB 12 01 AUG 06 08 JUN 04 22 SEP 16 08 JUN 97 22 DEC 95 08 FEB 98 08 OCT 16 08 JUN 07 08 JUL 95 15 JUL 95 7

IMMEDIATE RELATIVES EXPANDED. Immediate Relatives (Spouses/Children and Parents of USCs) Here, children must be under 21 and unmarried when the case is filed. If step-child, the child must have been under 18 when the step-parent relationship was entered into. The child can be born out of wedlock if the child has a real relationship with that parent (either will do). Adopted children who are under 16 and lived for 2 years with the parent. (If 2 adopted children, the second can be under 18). The sponsor of a parent must be 21 and a USC. People cannot come here, have a baby and remain. 8

RELATIVES VAWA Battered Spouse or child (under 21) can also apply. (VAWA) The battering or cruelty must have taken place during the marriage and the child or spouse applying must have lived with the OFFENDING spouse. There is no requirement for an I 130 case to be filed but must have been married Must file within 2 years of legal termination of marriage with abuser. They can remarry while waiting for the results of this case. 9

BUT In winning a case of battery or extreme cruelty, you need to show good moral character or have an issue such as a criminal or overstay situation that is waivable and win your waiver. In any type of relative case, a criminal history may prevent you from entering…. . waivers may be available. 10

ADAM WALSH WAIVER ADAM WALSH CHILD PROTECTION AND SAFETY ACT OF 2006 Acts against minors require a waiver OF THE USC if that person is petitioning a foreign fiance/ee, spouse, or family petition The waiver is required even if the crime occurred before the Adam Walsh Act came into being The burden is high of demonstrating no risk; includes certification by psychiatrists, counselors, An act against a minor is broadly defined (sexually related) Sole and unreviewable discretion Worldwide as long as Due Process Safeguards were in place Beyond a reasonable doubt rehabilitation 11

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INVESTORS Do not ignore this area of the law. It is one of my favorites. It offers a lot of hidden opportunities Retired Persons. We do not have a visa for retired persons (R visa is religious). If someone if fine with some work at a golden age, this may work. Students can use this visa if they can afford to and qualify. If you cannot locate an employer and have some savings, start a company! Persons who lose their jobs can use this visa as a lifesaver. If your potential employer cannot sponsor (=petition) you for a visa, start a company and make that company a client! 13

INVESTORS PAGE TWO The three ways to accomplish this are: 1. The L-1 visa (very hard to achieve). 2. The E-2 visa, a wonderful visa, but you must be from a treaty country. 3. The EB-5 for persons who invest $500, 000 to $1 million in a company and employ 10 full-time USC/LPRs for 2 years. It has its risks. 14

INVESTORS/L-1 PAGE THREE The L-1 For Intracompany You have to work as a manager or executive OR a person with Specialized Knowledge. Manager/Executive Transferees. Do not sell your company As with all visas, intent must be abroad! temporary. Must have worked 1 consecutive year out of the previous 3 years Despite sentence above, allows you to apply for Green Card after abroad for parent, branch, 1 year as international mgr/exec. subsidiary or affiliate. Dual Intent applies. You don’t have to work in U. S. Full-time but most of your time on a regular & systematic basis. Affiliate relationship is very common - - majority of stock of both companies. 15

INVESTORS/L-1 PAGE FOUR Manager or Executive can remain up to 7 years A person with Specialized Knowledge can remain 5 years Matter of G-Inc. is now an adopted decision: Functional Managers: Managerial position – manager controls and supervises the work of other qualifying employees (professionals and managers) or manages an essential function. Five prongs: Function is clearly defined Function is essential to the org L 1 A worker will primarily manage (as opposed to perform) the function L 1 A worker is at a SR level L 1 A worker exercises discretion over the function’s day to day ops 16

INVESTORS/L-1 PAGE FIVE EXECUTIVE SPECIALIZED KNOWLEDGE Directs the management of the There are 2 types of Specialized organization or a major Knowledge. component or function of the You can have SK of the way organization; the company operates (intrinsic) Establishes the goals and or policies of the organization, component, or function; You can have SK of the product/service, management, Exercises wide latitude in discretionary decision-making; research/equipment, and/or and methodologies of the company and the application of that Receives only general supervision or direction from information in international higher level executives, the markets (i. e. the U. S. market the board of directors, or company is expanding to). stockholders of the organization. 17

INVESTORS/E-2 PAGE SIX Great visa b/c of flexibility of use Must be from a Treaty Country Difficult to obtain Green Card (Reverse L-1) Indefinite renewals Strange rule re ‘intent to return’ 18

E VISA TREATY COUNTRIES ALBANIA (E 2 only), ARGENTINA, ARMENIA (E 2 only), AUSTRALIA, AUSTRIA, AZERBAIJAN (E 2 only), BAHRAIN (E 2 only), BANGLADESH (E 2 only), BELGIUM, BOLIVIA (E 1 only), BOSNIA-HERZEGOVINA, BRUNEI (E 1 only), BULGARIA (E 2 only), CAMEROON (E 2 only), CANADA, CHILE, CHINA (Taiwan), COLOMBIA, DEMOCRATIC REPUBLIC OF CONGO (formerly Zaire) (E 2 only), REPUBLIC OF CONGO (E 2 only), COSTA RICA, CROATIA, CZECH REPUBLIC (E 2 only), DENMARK (E 1 only), ECUADOR (E 2 only), EGYPT (E 2 only), ESTONIA, ETHIOPIA, FINLAND, FRANCE [includes FRENCH GUIANA, GUADELOUPE, MARTINIQUE, and REUNION], GEORGIA, GERMANY, GREECE (E 1 only), GRENADA (E 2 only), HONDURAS, IRAN, IRELAND, ISREAL (E 1 ONLY), ITALY, JAMAICA, JAPAN, KAZAKHSTAN (E 2 only), KOREA, KOSOVO, KYRGYZSTAN (E 2 only), LATVIA (E 1 only), LIBERIA, LUXEMBOURG, MACEDONIA MEXICO, MOLDOVA (E 2 only), MONGOLIA (E 2 only), MONTENEGRO, MOROCCO (E 2 only), NETHERLANDS [including ARUBA AND NETHERLANDS ANTILLES], NORWAY [excludes SVALBARD], OMAN, PAKISTAN, PANAMA (E 2 only), PARAGUAY, PHILIPPINES, POLAND (E 2 only), ROMANIA (E 2 only), SENEGAL (E 2 only), SERBIA, SINGAPORE, SLOVAK REPUBLIC (E 2 only), SLOVENIA, SPAIN, SRI LANKA, SURINAME, SWEDEN, SWITZERLAND, THAILAND, TOGO, TRINIDAD & TOBAGO (E 2 only), TUNISIA (E 2 only), TURKEY, UKRAINE (E 2 only), UNITED KINGDOM (applies to the British Isles, not the Republic of Ireland, yes to CHANNEL ISLANDS AND GIBRALTAR, and YUGOSLAVIA. 19

INVESTORS/E VISA PAGE SEVEN E-1 is for import/export E-2 is for other business investments Passive investments don’t count (=stock market, a house) Also allows for “Essential Employee”. Don’t need to define the time you want to remain in the U. S. but at some time in future intent to leave (strange) No proof of foreign residence needed Dual Intent applies Some countries OK for E-1, some for E 2, and some for both If you are an employer, the company must be owned 50% or more by treaty nationals 20

INVESTORS/E VISA PAGE EIGHT E-1 Only international trade counts. Can also trade services, banking, accounting, technology and many other non-standard items. 50% + of your total trade must be b/w the treaty country and U. S. You need a volume of trade. One big customer is not enough. E-2 Your money must be at risk (invest then apply). Future plans & business plans not enough. Condition precedent OK with funds held in escrow with irrevocable commitment. You can bring in equipment and inventory. Investment must be substantial (relative to the type of business). No marginal investments allowed. 21

INVESTORS/E VISAS PAGE NINE You must Develop and Direct. EMPLOYEES (ESSENTIAL) You are not meant to compete in They must have your the skilled or unskilled markets. Negative control is control but you must have controlling interest. nationality. Must be manager or executive OR non-manager but Essential Employee [indispensable to the success of the enterprise]. 22

INVESTORS/EB-5 PAGE TEN Invest $1, 000 or, if in an area of high unemployment, $500, 000 Good if you are not from a treaty country and do not qualify for an L-1 Hire 10 U. S. Citizen or LPR workers for 2 years on a full-time basis to begin upon filing OF 526 w evidence you will hire the US workers. When 2 years pass, file removal of condition. Investment can be inventory, debt (not backed by the company), other assets Regional Center issues & Fraud 23

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EXTRAORDINARY ABILITY & PERFORMERS O (visa equivalent of EB 1) Preference Green cards The P visa is for performers but time does not allow us to cover it, and you do not receive many calls in this area. O visa: Persons with extraordinary ability in Business, Science, the Arts, Athletics or Education (demonstrated by SUSTAINED national or international acclaim). Renewable indefinitely w/3 -year increments 25

EXTRAORDINARY ABILITY (O-1 A) PAGE TWO Extraordinary Ability is demonstrated by: Receiving an internationally recognized award such as a Nobel Prize, or 3 of these: National or internationally recognized awards; Membership in organization that requires outstanding achievement; Documentation about the organization supporting the requirement of outstanding achievement; Published materials about the applicant in professional or major trade publications; Judgment of the work of others; Original scientific or scholarly work of major significance in the applicants field; Evidence of authorship of scholarly work; Evidence that the applicant has been employed in a critical or essential capacity at an organization with a distinguished reputation; or Evidence that the applicant has commanded or will command a high salary in relation to others in the field. 26

EXTRAORDINARY ABILITY (O-1 A) PAGE THREE You cannot petition for yourself. Employer must petition and the position must be one that requires the services of a person with extraordinary ability. Must have a written consultation from a recognized peer group or labor organization; Consultation with an appropriate peer group, labor, and/or management organization regarding the nature of the work to be done, and the alien’s qualifications before a petition or an O-1 or O-2 classification can be approved. The peer group must be an appropriate association or entity with expertise in that field. The advisor opinion provided by the peer group must describe the alien’s ability and achievements in the field of endeavor, describe the nature of the duties to be performed, and state whether the position required the services of a person with extraordinary ability. The written opinion must contain a statement of facts that support the conclusion reached in the opinion and signed by an authorized official of the group or organization. 27

EXTRAORDINARY ABILITY PAGE FOUR Can file up to 6 months before your work. (file early for processing time advantage) You can have more than one employer. Dual Intent OK (H, E, L, O). If you change employers, you can still legally work for 30 days but must file a new case. Once filed, you can work until a decision is rendered. You don’t have to keep a foreign residence. Also qualify for Green Cards under EB 1 -3 EB-1(a) Persons of Extraordinary Ability EB-2 Persons of Exceptional Ability EB-3 Professionals/Skilled Workers - PERM These will be covered in greater depth in the Workers’ section. 28

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WORKERS Choices: Visas or Green Cards H 1 -B H 2 -B H-3 30

WORKERS/H-1 B PAGE TWO We will only cover Specialty Occupation issues in this presentation today. You must come here temporarily yet you can apply for a Green Card and can still get the H-1 b extended! (this is dual intent) Although you are here temporarily you do not need to keep a foreign residence! 65, 000/yr + 20, 000 for Adv Deg and 10, 000 to Australia in E-3 sister visa 31

WORKERS/H-1 B PAGE THREE You can be part or full-time (let me explain) (no set number of hours) You can have multiple employers (client will need an H-1 b case and filing fees for every employer!) Apply only April 1 st annually to work October 1 st and then even if you win the case you have to partake in a lottery. Special rule for students Cap-Gap allows extension of OPT to Sept 30 th 32

WORKERS/H-1 B PAGE FOUR Permanent position temporarily filled (contrast to H -2 B) H-1 B has portability (need new case received). AC 21 allows for H-1 B transfers to new sponsoring company. Employee can work upon receipt of filing the new case (whole new petition) up to 240 days while the case is processing. New position does not have to be same position. 33

WORKERS/H-1 B PAGE FIVE Specialty Education is: 1. Theoretical and Practical application of a body of highly specialized knowledge and 2. Attainment of a bachelor’s or higher degree in the specific specialty 3 Years’ experience = 1 year of higher education 34

WORKERS/H-1 B PAGE SIX In order to apply: You need to have completed your degree. If a license is required, you must have it. LCA=Labor Condition Attestation Watches for dependent employers and willful violators…. . which in turn requires That you be paid at least the Prevailing Wage relative to other employees (substantially) doing what you are 35

WORKERS/H-1 B PAGE SEVEN Prevailing wage is county dependent (i. e. there are no ‘general’ wages that a lawyer can guess) Prevailing wage is found at Foreign Labor Certification Data Center: www. flcdatacenter. com In a 100 -mile geographical spread, the wages can vary tremendously There can be no strike, work stoppage, or lockout in place at the place of employment. Within last year RFEs from USCIS on level I v II wages. . LCA w level one wage not specialty they claim as it is entry level. 36

WORKERS/H-1 B PAGE EIGHT If you are benched (i. e. they are out of work for you), you must still be paid. This is not a commission situation; you are an employee! 37

WORKERS/H-1 B PAGE NINE Premium Processing (PP) - It costs $1, 410 but do you need it? Pros and Cons For past few years, PP has been suspended for cap-subject H-1 B petitions to reduce H-1 B processing backlog. For H-1 B transfers, you are allowed to remain 240 days after your I -94 expires, assuming you receive the decision in under that time. You may work during that time. Do not travel. 38

WORKERS/H-1 B PAGE TEN Maximum period of time on an H-1 b is 6 years, unless you are seasonal or spend less than 6 months a year in the U. S. (you can recapture time spent outside the US). Applies to the H-4 s (your spouse and kids). It is renewable past that period under certain conditions. 39

WORKERS/H-1 B PAGE ELEVEN You can extend past the 6 years if: Labor Cert and/or Employment-based (I-140) or I- 360 religious worker application filed, and I-140 is approved (not an issue was we have Premium Processing ($1410. ), or Exactly one year has passed since filing of Labor Cert/I-140 (Hasn’t happened in last 3 years) Premium processing is available for I-140 s. Three-year extension on approved I-140. 40

WORKERS/H-1 B PAGE TWELVE H-1 b extensions OK until Labor Certification denied, OR Labor Certification approved and I-140 Petition denied 41

WORKERS/H-1 B PAGE THIRTEEN If not U. S. degree, translate and conduct equivalency (fewer probs w/ Canada or no part education and all work history). Remember: The job and the degree must match LCA Forms Resume/letters of previous employment, copy of passport, visa, I 94 Filing Fees $460 I 129, $500 Fraud Prevention & Detection fee, if over 25 employees $1500 & if under 25, $750 ACWIA, $1410 Premium Fee (if not suspended). 42

WORKERS/H-2 B PAGE FOURTEEN H-2 A is for agricultural workers, which we do not cover. H-2 B is for person coming temporarily to work in a temporary position (seasonal, peak-load, one-time, or intermittent) Requires temporary Labor Certification. The case is not easy to win as you have to advertise the position 9 months- need to spend 3 months outside the country unless a one-time need, otherwise not considered temporary. 43

WORKERS/H-2 B Employer can substitute beneficiaries if 1. Group Approval (is Labor Cert for 20 workers) 2. Did not name them in the case, or 3. The position does not require education, training or experience. 66, 000 per year max No Dual Intent 44

WORKERS/H-3 (TRAINEE VISA) In the interests of time, we will not cover this visa 45

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THE FINAL TOPIC IS WORK-RELATED GREEN CARDS 140, 000 PER YEAR PLUS UNUSED FAMILY-BASED 47

WORK-RELATED GREEN CARDS There are 5 EPs or EBs No. 5 is for Million Dollar Investors (EB 5) No. 4 is for Special Immigrants These include 5, 000 Religious Immigrants 48

WORK-RELATED GREEN CARDS PAGE TWO EB-1 is for 3 types of persons: Persons of Extraordinary Ability Outstanding Professors and Researchers Multinational Executives and Managers 49

WORK-RELATED GREEN CARDS PAGE THREE EB-1 A (This aspect of the EB-1 Will Be Your Most Popular) Extraordinary Ability in Business, Arts, Sciences, Athletics and Education Must come here to continue in that area Your entry will benefit the U. S. You must show you will enter to continue in your field but do not need an employer! Most people who believe they are EB 1 s will not qualify and the standards are very high (drone case). Ph. Ds who wrote a paper and nothing more will not qualify but many will call. 50

WORK-RELATED GREEN CARDS PAGE FOUR EB-1 B Outstanding Professors and Researchers Must be recognized internationally 3 years’ experience Can enter for a tenure (or tenure track) teaching position or for a private employer Researcher also must be tenured, tenure tracked, or have an offer of unlimited duration 51

WORK-RELATED GREEN CARDS PAGE FIVE EB-1 C Multinational Executives and Managers One year employment in last 3 by a company, its affiliate or subsidiary Many L 1 s apply here 52

WORK-RELATED GREEN CARDS PAGE SIX EB-2 is for 2 types of persons: Members of the professions with Advanced Degrees Persons with Exceptional Ability 53

WORK-RELATED GREEN CARDS PAGE SEVEN EB-2 Requires a job offer and Labor Certification or a National Interest Waiver Advanced Degree-Bachelor’s plus 5 years of (progressive) experience or MA. 54

WORK-RELATED GREEN CARDS PAGE EIGHT EB-2 Exceptional Ability: 1. Degree in that field 2. Proof of 10 years’ experience (in addition) 3. License to practice 4. Salary or remuneration that shows you are of exceptional ability. 5. Membership in a professional association. 6. Recognition 55

WORK-RELATED GREEN CARDS PAGE NINE National Interest Waiver Matter of Dhanasar, 26 I&N Dec 884 (AAO Dec 27, 2016) new analytical framework, 3 prongs. Prong 1: Substantial Merit and National Importance: The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. Evidence that the endeavor has the potential to create a significant economic impact may be favorable but is not required (an endeavor’s merit may be established without immediate or quantifiable economic impact). Potential prospective impact - broader implications. Focus on one geographic area of the US may be properly considered to have national importance. 56

WORK-RELATED GREEN CARDS PAGE TEN NIW, Prong 2 Advancement In The Field: Shifts focus from proposed endeavor or the foreign national. Factors considered: (1) the individual’s education, skills, knowledge and record of success in related or similar efforts; (2) a model or plan for future activities; any progress towards achieving the proposed endeavor; and (3) the interest of potential customers, users, investors, or other relevant entities or individuals. 57

WORK-RELATED GREEN CARDS PAGE TEN NIW, Prong 3 Beneficial To The US/National Interest: Beneficial to the US to waive the requirements of a job offer and labor certification. Unlike NYSDOT, does not require a showing of harm to the national interest or a comparison against U. S. workers in the petitioner’s field Factors considered include: (1) in light of the nature of the foreign national’s qualifications or proposed endeavor, it would be impractical either for the foreign national to secure a job offer or for the petitioner to obtain a labor certification; (2) even assuming that other qualified U. S. workers are available, the U. S. would still benefit from the foreign national’s contributions; and (3) the national interest in the foreign national’s contributions is sufficiently urgent to warrant forgoing the labor certification process. 58

WORK-RELATED GREEN CARDS PAGE ELEVEN The famous EB-3 Professionals, Skilled and other workers. Most of your clients will fit into this work-related category. Labor Certification is required Program Electronic Review Management (PERM) 59

WORK-RELATED GREEN CARDS PAGE TWELVE PERM Job Title, duties – Do they require a 4 -year degree. Preliminary online Wage Survey Job Duties for the advertising Obtain Prevailing Wage from the DOL – i. Cert Icert is currently taking 3 to 4 months for a certified prevailing wage determination so this processing time must be taken into account for certain H 1 B holders who will be ending their 6 th year Advertise 30 days SWA 2 Sunday Print Ads (can be consecutive) A job posting in the company for 10 consecutive business days 3 other sources of advertising 60

WORK-RELATED GREEN CARDS PAGE THIRTEEN Additional sources: Professional Journal, Internet job search site postings, print ad in local paper, employer’s web site, job fairs, radio, TV, on-campus recruitment. Wait 30 days after the advertising is completed. Prepare a recruitment report detailing all of your recruitment activities, must be signed and dated prior to submitting ETA 9089 (for DOL). 61

WORK-RELATED GREEN CARDS PAGE FOURTEEN You must complete all of the advertising, including the job posting within a 180 -day period and no less than 30 days before you file. ETA requires registration and approval – account for 2 weeks. Only the employer can file the ETA 9089 on line. All documents must be kept on file for 5 years in case of audit. 62

WORK-RELATED GREEN CARDS PAGE FIFTEEN You can mail in or apply online for the Labor Certification. ETA 9089 processing is 4 to 6 months. File I 140/485/765/141, and Work Authorization arrives in 4 months approximately. i. Cert 4 months. 2 months to adv. 6 months for PERM. 1 -1. 5 years for I 140 approval. If priority date current you apply for GC or extend H 1 b. Apply for Work Auth w 485; receive in 4 months. 63

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RUNNING AN IMMIGRATION PRACTICE Organization is critical. Your office can become a mess in short order. Ask clients to send all the data at once, not piecemeal. Do not use regular first class mail without tracking for anything At the other end there is no one to call or write to, you are all alone You cannot practice without Kurzban 65

RUNNING AN IMMIGRATION PRACTICE PAGE TWO 9/10 clients will want free advice so they can create the case without you In terms of non-family cases, 1/10 will be ready, the rest of the cases you cannot take, they will require more Of the few legitimate calls, even fewer have legitimate cases Be patient Integrity: Don’t take a case you don’t feel will prevail 66

RUNNING AN IMMIGRATION PRACTICE PAGE THREE Read, research, & read Subscribe to Google updates re immigration Hire the best team money can buy. Most of the best are running their own show. Ask about class standing. Research skills are based on query terms and connectors, anyone can run Westlaw or Lexis with simple searches and the laws will change while they are still researching the old ones. Read sample briefs they wrote: persuasive & analytical writing is critical You will want to interview no less than 25 immigration lawyers before hiring just one Provide them with a trial day/week 67

RUNNING AN IMMIGRATION PRACTICE PAGE FOUR If you are going to conduct waiver and brief work (ie appeals) you must have Westlaw Hire an excellent researcher who may do nothing but research for you as there is simply that much data Do not run a brief practice by buying books…that is fatal to your success Conferences in this area of law are as dry as they get…you are better served by reading the cases yourself and being on top of the changes as they occur. Read Kurzban cover to cover at least twice. 68

RUNNING AN IMMIGRATION PRACTICE PAGE FIVE This is the most complex area of law there is… If you win your case, that’s what the client paid you for; if you lose it’s your fault People do not understand the complexities of brief practice and this area of law pays poorly relative to the amount of time and dedication required. Be content in knowing that you changed your client’s life and that of their family’s. Financial rewards are primarily with form-based cases, not the complex brief-related ones. However, the passion is here!!! 69

Combining Business & Immigration Law Thank you and good luck in all of your endeavors. We hope you enjoyed today‘s presentation and learned something that you didn’t know. If you have any questions you can call us at (619) 677 -5727 (PST 10 -4). Info@San. Diego. Biz. Law. com Steven Riznyk & Team 70