Product Description

Recent updates:

• Update: December 2019

  Dear Subscriber:

  Thank you for choosing to keep your copy of MCLE's Immigration Practice Manual up to date with this latest supplementary issue. Inside, you will find new content on many topics that are at the forefront of immigration practice, including the following:

  • Trump Administration Policy —See Chapter 1 for Professor Daniel Kanstroom’s completely updated overview of policies, trends and practices occasioned by the first three years of the Trump administration, including challenges to the rescission of temporary protected status, asylum processing, family separation and detention, expedited removal, Matter of A-B and asylum in the face of egregious domestic violence, removal, and detention in the context of abortion rights, among other issues.

  • Business Visitors —See Chapter 2 for a discussion of the impact of recent travel bans on the conduct of business.

  • Temporary Nonagricultural Workers —See Chapter 5 for an updated checklist of Considerations for Applying for H-2B Visas.

  • Change of Status to Nonimmigrant Student —See Chapter 11 for a new discussion of the application process and special cases.

  • Consequences of Criminal Conviction —See Chapter 19 for a discussion of procedures and the impact of good moral character on convictions.

  We at MCLE trust that you will find this new edition useful in your immigration practice and valuable in keeping your library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

• Update: July 2017

  Dear Subscriber:

  Thank you for choosing to keep current in your immigration practice with this 2017 edition of MCLE's Immigration Practice Manual. Inside, you will find new material on many topics in a variety of areas including the following:

  • Maintenance of Status. Chapter 4 contains discussion of regulations that took effect on January 17, 2017 and the effect of a sixty-day grace period under 8 C.F.R. § 214.1(l)(1)–(3).

  • H-2B Visa. See Chapter 5 for perspectives on the OFLC and the USCIS regulations, issued in 2015, governing the H-2B program.

  • Special Immigration Religious Workers. See Chapter 8 for a practice note regarding USCIS practice with regard to qualifying religious work experience and adjustment of status under INA § 245(a) when and if I-360 petitions are approved.

  • Strikes, Work Stoppage—Canadian Citizens. See Chapter 10 for discussion of Canadian TN applicants’ exemption from the requirement to obtain a visa at a U.S. consulate.

  We at MCLE trust that you will find this new edition useful in your immigration practice and valuable in keeping your library current.

  Cordially,

  Maryanne G. Jensen, Esq., MCLE Director of Publications

Table of Contents

Chapter 1 expand

Immigration Law: Current Challenges, Tragedy, and Farce

Buy Chapter

Prof. Daniel Kanstroom, Esq., Boston College Law School

Exhibit 1A

- Bibliographic References Buy Form

Exhibit 2A

- Some Useful Resources Buy Form

Chapter 2 expand

B-1 Business Visitors and B-2 Visitors for Pleasure

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Matthew J. Maiona, Esq., Maiona Ward, PC

Chapter 3 expand

E-1 Treaty Traders and E-2 Treaty Investors

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Aga Asbury, Esq., Ford Murray Law
Jason E. Burritt, Esq., Seyfarth Shaw LLP

Exhibit 3A

- Treaties Containing Trader and Realty Investor Provisions in Effect Between the United States and Other Countries Buy Form

Exhibit 3B

- Suggested Document Checklist for Applicants Buy Form

Chapter 4 expand

H-1B Specialty Workers

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Steven A. Clark, Esq.,
Vincent W. Lau, Esq., Clark Lau LLC

Chapter 5 expand

The H-2B Temporary Nonagricultural Workers Visa Process in Massachusetts

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Allison Mosig, Esq., Pabian Law LLC
Keith Andrew Pabian, Esq., Pabian Law LLC
Nathan D. Riccardi, Esq., Pabian Law LLC

Checklist 5.1

- Considerations for Applying for H-2B Visas Buy Form

Exhibit 5A

- Application for Prevailing Wage Determination (Form ETA-9141) Buy Form

Exhibit 5B

- H-2B Application for Temporary Employment Certification (Form ETA-9142B) Buy Form

Exhibit 5C

- Summary Payroll Report Buy Form

Exhibit 5D

- H-2B Application for Temporary Employment Certification (Form ETA-9142B) – Appendix B Buy Form

Chapter 6 expand

L-1 Intracompany Transferees

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Rebecca Leavitt, Fragomen, Del Rey, Bernsen & Loewy LLP

Exhibit 6A

- Relevant Legal Authorities Buy Form

Exhibit 6B

- INS Memorandum from Fujie O. Ohata Regarding Definition of Manager, HQSCOPS 20/7.1.8 (Dec. 20, 2002) Buy Form

Exhibit 6C

- INS Memorandum from William R. Yates Regarding Employment Authorization for L-2 Spouses, HQ 70/6.2.5, 6.2.12 (Feb. 22, 2002) Buy Form

Exhibit 6D

- Sample Specialized Knowledge RFE Buy Form

Exhibit 6E

- Specialized Knowledge Language from the AAO Decision Buy Form

Exhibit 6F

- INS Memorandum from James A. Puleo Regarding Interpretation of Specialized Knowledge, CO 214L-P (Mar. 9, 1994) Buy Form

Exhibit 6G

- INS Memorandum from Fujie O. Ohata Regarding Interpretation of Specialized Knowledge, HQSCOPS 70/6.1 (Dec. 20, 2002) Buy Form

Exhibit 6H

- Specialized Knowledge Questionnaire Buy Form

Exhibit 6I

- Sample Internal Organizational Chart 1 Buy Form

Exhibit 6J

- Sample Internal Organizational Chart 2 Buy Form

Chapter 7 expand

Extraordinary Ability (O-1 Status) and Accompanying Aliens (O-2 Status)

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Eileen F. Morrison, Esq., Law Office of Eileen Morrison

Exhibit 7A

- Address Index for I-129 O & P Consultation Letters Buy Form

Chapter 8 expand

Temporary and Permanent Religious Workers Under the Immigration and Nationality Act

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Rosanne T. Milano, Esq.,

Exhibit 8A

- Sample Form I-360 Attestation—Special Immigrant Religious Worker Petition Buy Form

Exhibit 8B

- Sample Form I-129 Petition for a Nonimmigrant Worker—R 1 Supplement Buy Form

Chapter 9 expand

Relief Under the Violence Against Women Act

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Amy M. Wax, Esq., Law Office of Amy M. Wax, PC

Exhibit 9A

- Useful Resources Buy Form

Chapter 10 expand

Trade NAFTA (TN) Nonimmigrants

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Magaly Rojas Cheng, Esq., Clark Lau LLC

Exhibit 10A

- Legacy INS Memoranda Regarding Software Engineers Buy Form

Exhibit 10B

- Legacy INS Memorandum Concerning the Use of Scientific Technologist or Technician Category Buy Form

Exhibit 10C

- 69 Fed. Reg. 197 (Oct. 13, 2004) Buy Form

Chapter 11 expand

Change of Status

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Harvey Zeytuntsyan, Esq.,

Exhibit 11A

- Period of Stay Buy Form

Exhibit 11B

- Travel After Filing for a Change of Nonimmigrant Status Buy Form

Exhibit 11C

- Request for Guidance—“Last Action Rule” Buy Form

Chapter 12 expand

Permanent Residence for Aliens of Extraordinary Ability in the Sciences, the Arts, Education, Business, or Athletics

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Eileen F. Morrison, Esq., Law Office of Eileen Morrison

Exhibit 12A

- Policy Memorandum Buy Form

Exhibit 12B

- Request for Evidence Template Buy Form

Chapter 13 expand

Outstanding Professors and Researchers

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William L. Coffman, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC

Checklist 13.1

- Checklist for Status as an Outstanding Professor or Researcher Buy Form

Exhibit 13A

- Policy Memorandum Buy Form

Chapter 14 expand

Employment-Based Priority Workers: Immigrant Multinational Executives and Managers (Intracompany Transferees)

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Madeline C. Cronin, Esq., Iandoli, Desai & Cronin, PC

Exhibit 14A

- Form I-140 (Immigrant Petition for Immigrant Worker) Buy Form

Exhibit 14B

- Form I-485 (Application to Register Permanent Residence or Adjust Status, First Page Only) Buy Form

Exhibit 14C

- Form I-797 (Notice of Approval) Buy Form

Exhibit 14D

- Visa Bulletin for September 2019, Select Pages Only, Employment-Based Buy Form

Chapter 15 expand

Anatomy of ETA Form 9089: An Item-by-Item Dissection

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Prasant D. Desai, Esq., Iandoli, Desai & Cronin, PC

Exhibit 15A

- Comparison of SVP and O*Net Guidelines for Education and Experience Requirements Buy Form

Exhibit 15B

- Impact of Job Requirements on Wage Levels Buy Form

Chapter 16 expand

Family-Sponsored Immigration

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Laura H. Buchbinder, Esq.,

Checklist 16.1

- Checklist of Items to Save for Adjustment of Status Petition Buy Form

Checklist 16.2

- Checklist of Items to Save for Affidavit of Support Buy Form

Checklist 16.3

- Checklist of Items to Save for Petition to Remove Conditions on Residence Buy Form

Checklist 16.4

- Checklist of Items to Save for K-1 Fiancé(e) Petition Buy Form

Exhibit 16A

- Form I-485 and Sample Cover Letter Buy Form

Exhibit 16B

- Criminal Record Request Form and Sample Cover Letter Buy Form

Exhibit 16C

- Freedom of Information/Privacy Act Request Form and Sample Cover Letter Buy Form

Exhibit 16D

- 2019 Federal Poverty Guidelines Buy Form

Exhibit 16E

- Petition to Remove Conditions on Residence and Sample Cover Letter Buy Form

Exhibit 16F

- Filing a Waiver of the Joint Filing Requirement Prior to Final Termination of the Marriage Buy Form

Exhibit 16G

- Form I-129F Petition for Fiancé(e) Buy Form

Exhibit 16H

- Glossary of Terms Buy Form

Exhibit 16I

- Bibliography Buy Form

Chapter 17 expand

Special Immigrant Juveniles

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Nancy J. Kelly, Esq., Greater Boston Legal Services
Anne Mackin, Esq., Greater Boston Legal Services

Exhibit 17A

- USCIS Policy Manual, Vol. 6, Part J: Special Immigrant Juveniles Buy Form

Exhibit 17B

- USCIS Policy Manual, Vol. 7, Part F, Chapter 7: Special Immigrant Juveniles Buy Form

Exhibit 17C

- USCIS Perez-Olano Policy Memo 602-0177 Buy Form

Exhibit 17D

- USCIS Policy Alert No. PA-2016-06 Buy Form

Exhibit 17E

- Reserved

Exhibit 17F

- Sample Motion for Special Findings Buy Form

Exhibit 17G

- Sample Affidavit in Support of Guardianship Petition and Motion for Special Findings Buy Form

Exhibit 17H

- Sample SIJ Order within Guardianship Petition Buy Form

Exhibit 17I

- Mass. General Laws c. 119, § 39M Buy Form

Exhibit 17J

- Complaint for Dependency Pursuant to G.L. c. 119, § 39M —Form CJP 35 Buy Form

Exhibit 17K

- Summons on Complaint for Dependency Pursuant to G.L. c. 119, § 39M—Form CJP 36 Buy Form

Exhibit 17L

- Judgment of Dependency Pursuant to G.L. c 119, § 39M —Form CJP 37 Buy Form

Exhibit 17M

- Protocol for Complaints and Judgments for Dependency Pursuant to G.L. c. 119, § 39M Special Immigrant Juvenile Findings —Form CJP 902 Buy Form

Exhibit 17N

- Complaint for Dependency Pursuant to G.L. c. 119, § 39M —Completed Form CJP 35 Buy Form

Exhibit 17O

- Judgment of Dependency Pursuant to G.L. c. 119, § 39M —Completed Form CJP 37 Buy Form

Chapter 18 expand

Board of Immigration Appeals and Federal Court Review of Deportation and Removal Decisions

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Ashley M. Barkoudah, Esq., Kids In Need of Defense (KIND)

Exhibit 18A

- Sample Notice of Appeal to the BIA Buy Form

Chapter 19 expand

Consequences of Criminal Convictions for the Noncitizen

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Jennifer Klein, Esq., Committee for Public Counsel Services

Chapter 20 expand

Relief from Removal and Immigration Court Procedures

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Ashley M. Barkoudah, Esq., Kids In Need of Defense (KIND)

Chapter 21 expand

Naturalization—The Final Frontier with the U.S. Citizenship and Immigration Services

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Eric F. Lockwood, Esq., Clark Lau LLC

Exhibit 21A

- Glossary Buy Form

Exhibit 21B

- Children Born Outside the United States in Wedlock Buy Form

Exhibit 21C

- Children Born Outside the United States out of Wedlock Buy Form

Exhibit 21D

- Derivation with Naturalization Buy Form

Chapter 22 expand

Adjustment of Status: An Overview

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Miki K. Matrician, Esq., Wolfsdorf Rosenthal LLP

Exhibit 22A

- Aytes Memorandum Buy Form

Exhibit 22B

- Biometrics Instruction Buy Form

Exhibit 22C

- Sample Visa Bulletin from DOS Buy Form

Exhibit 22D

- Sample Immediate Relative Letter to USCIS Buy Form

Exhibit 22E

- Sample of Concurrent I-140/I-485 Letter Buy Form

Exhibit 22F

- Sample of USCIS Approval Letter Buy Form

Exhibit 22G

- USCIS Policy Memorandum PM-602-0122.1 Buy Form

Chapter 23 expand

Consular Processing: A Guide to Nonimmigrant and Immigrant Visa Applications at U.S. Consular Posts

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Sapna Annicelli, Esq., Fragomen, Del Rey, Bernsen & Loewy LLP
Alexandra Branzburg, Esq., Fragomen, Del Rey, Bernsen & Loewy LLP

Exhibit 23A

- Photo Specifications for Form DS 160 Buy Form

Chapter 24 expand

Immigrant and Nonimmigrant Visa Options for Professional Nurses

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Joseph P. Curran, Esq., Curran, Berger & Kludt

Chapter 25 expand

International Medical Graduates—Remedies to Cure the Two-Year Flu

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Mahsa Khanbabai, Esq., Khanbabai Immigration Law

Exhibit 25A

- Massachusetts Department of Public Health Contact Information Buy Form

Chapter 26 expand

The Child Status Protection Act: Protecting Children from “Aging Out”

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Anthony Marino, Esq., Rian Immigrant Center

Exhibit 26A

- Appendix Buy Form

Chapter 27 expand

The Reality of “Extreme Hardship”—Winning Techniques and the Online Community Pursuing Waivers of Inadmissibility

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Lizz Cannon, Esq.,

Exhibit 27A

- Types of Inadmissibility; Corresponding Requirements; Waiver Buy Form

Exhibit 27B

- Guidance Concerning Unlawful Presence Buy Form

Exhibit 27C

- The Order of the Processes Buy Form

Exhibit 27D

- Criminal Inadmissabilities Buy Form

Exhibit 27E

- Exceptions for Permitting the Filing of Form I-601 Buy Form

Exhibit 27F

- AAO Decision Buy Form

Exhibit 27G

- Parole in Place Buy Form

Chapter 28 expand

Reserved

Chapter 29 expand

U.S. Taxation of Foreign Nationals

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Andrew D'Aiello, KLR, Ltd.
JoAnn Ferraro, CPA, Kahn Litwin Renza
Kenneth A. Freshman, Esq., Kahn Litwin Renza
Francheska Pimental, KLR, Ltd.

Exhibit 29A

- Form 1040NR, U.S. Nonresident Alien Income Tax Return Buy Form

Exhibit 29B

- Form 8854, Initial and Annual Expatriation Statement Buy Form

Exhibit 29C

- Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding Buy Form

Exhibit 29D

- W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding Buy Form

Exhibit 29E

- Form 8233, Exemption from Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual Buy Form

Exhibit 29F

- Form 1040NR-EZ, U.S. Income Tax Return for Certain Nonresident Aliens with No Dependents Buy Form

Exhibit 29G

- Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) Buy Form

Exhibit 29H

- Form 8843, Statement for Exempt Individuals and Individuals with a Medical Condition Buy Form

Exhibit 29I

- Form W-9, Request for Taxpayer Identification Number and Certification Buy Form

Exhibit 29J

- Form W-7, Application for IRS Individual Taxpayer Identification Number Buy Form

Exhibit 29K

- Form 1040-C, U.S. Departing Alien Income Tax Return Buy Form

Exhibit 29L

- Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts Buy Form

Exhibit 29M

- Form 3520-A, Annual Information Return of Foreign Trust with a U.S. Owner Buy Form

Exhibit 29N

- Form 5471, Information Return of U.S. Persons with Respect to Certain Foreign Corporations Buy Form

Exhibit 29O

- FinCen Form 114, Report of Foreign Bank and Financial Accounts Buy Form

Exhibit 29P

- Form 8938, Statement of Specified Foreign Financial Assets Buy Form

Exhibit 29Q

- Comparison of Form 8938 and FBAR Requirements Buy Form

Exhibit 29R

- Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund Buy Form

Chapter 30 expand

Current I-9 Employment Verification Procedures, Best Practices for IRCA Compliance, and Preparing for a Government Investigation

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Douglas D. Hauer, Esq., Mintz Levin Cohn Ferris Glovsky and Popeo, PC
Shiva Karimi, Esq., McLane Middleton
Ari N. Stern, Esq., O'Hagan Meyer, PLLC

Exhibit 30A

- Form I-9 Buy Form

Chapter 31 expand

Overview of the Law of Asylum

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Anita P. Sharma, Esq., PAIR Project

Exhibit 31A

- List of Providers Buy Form

Exhibit 31B

- Sample Form I-589 Buy Form

Exhibit 31C

- Sample Declaration in Support of Application for Asylum Buy Form

Exhibit 31D

- Sample Medical Affidavit (Text) Buy Form

Exhibit 31E

- Sample Declaration of a Lay Witness Buy Form

Exhibit 31F

- Sample Letter Brief Buy Form

Exhibit 31G

- Sample Index for Asylum Application Buy Form

Exhibit 31H

- Sample Complaint Letter to the Asylum Office Buy Form

Exhibit 31I

- Authorization Form Buy Form

Exhibit 31J

- Biometric Instructions Buy Form

Exhibit 31K

- Sample Direct Exam Questions Buy Form

Exhibit 31L

- Motion for Telephonic Testimony Buy Form

Exhibit 31M

- Declaration of Expert Witness Buy Form

Exhibit 31N

- Sample Direct Exam Questions—Medical Buy Form

Exhibit 31O

- Sample Affirmative and Defensive Case Checklist Buy Form

Exhibit 31P

- EOIR Pleadings Form—Removal Buy Form

Chapter 32 expand

Inspections and Admissions: The Procedure for How Individuals Are Lawfully Admitted into the United States

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Ellen F. Driver, Esq., Law Office of Ellen F. Driver LLC

Exhibit 32A

- Visa-Waiver Countries Buy Form

Chapter 33 expand

The National Interest Waiver Category

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Mary E. Walsh, Esq., Iandoli, Desai & Cronin, PC

Chapter 34 expand

Immigration Remedies for Victims of Crime

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Deirdre M. Giblin, Esq., Massachusetts Law Reform Institute
Hema Sarang-Sieminski, Esq.,

Exhibit 34A

- Quick Chart Comparison of T and U Nonimmigrant Visa Eligibility Requirements Buy Form

Chapter 35 expand

Specialty Occupation Treaty-Based Temporary Workers

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Mi-Rang Yoon, Clark Lau LLC

Exhibit 35A

- Foreign Affairs Manual Notes on E-3 Visas (9 FAM 402.9-8) Buy Form

Exhibit 35B

- Sample Initiated Labor Condition Application (LCA) Form 9035 Buy Form

Exhibit 35C

- CBP Memo Outlining Differences Between H-1B1 and H-1B Buy Form

Exhibit 35D

- Adjudicator’s Field Manual (AFM) Provisions on E-3 Status Buy Form

Exhibit 35E

- Form I-129 with Trade Agreement Supplement Buy Form

Appendix

Extraordinary Ability: The O-1 Visa—Administration Developments

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Associate Editor(s)

Author(s)