46TH ANNUAL IMMIGRATION LAW UPDATE

CONFERENCE PROGRAM COMING SOON.

Highlights include more dual-track options and open Q&A forums!

INCLUDED IN THE REGISTRATION FEE FOR THE ANNUAL IN PERSON CONFERENCE: Two breakfasts, two lunches, continuous coffee, cocktail reception, pre-conference happy hour and conference materials.

HOTEL ACCOMMODATIONS: There will be a ROOM BLOCK this year on site! Hotel block link: https://www.hilton.com/en/book/reservation/rooms/?ctyhocn=MIADTHF&arrivalDate=2025-02-19&departureDate=2025-02-21&groupCode=AILA&room1NumAdults=1&cid=OM%2CWW%2CHILTONLINK%2CEN%2CDirectLink

TRANSPORTATION AND PARKING: Taxis and Lyfts/Ubers are accessible from all Miami downtown hotels to the conference location. The conference venue has excellent parking facilities and charges a REDUCED conference parking fee.

SPONSORS AND EXHIBITORS: Interested sponsors and exhibitors, please contact Elina Santana at elina@srlawpa.com.

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PANELS:

Complex Pathways to Citizenship: Navigating Advanced Acquisition and Naturalization Challenges

This panel session delves into the sophisticated and evolving challenges faced by naturalization applicants and individuals who may be eligible to acquire citizenship. Panelists will explore critical issues like citizenship determinations for children born via IVF, surrogacy, or from foreign donors, and the impact of legal parentage versus biological connections. Panelists will also discuss the USCIS policies affecting children of U.S. citizens without genetic links, complications in adoption scenarios, and the specific hurdles faced by applicants in polyamorous relationships.

• Adoption: automatic acquisition of U.S. citizenship, scenarios where the Child Citizenship Act does not apply; Challenges when adopting from non-Hague countries. When an international adoption is not recognized in the U.S.
• Impact on Good Moral Character and Practical Advice for Polyamorous Applicants.
• Good moral character considerations, including pending criminal charges, impact of owing back taxes, supporting dependents and dealing with delinquencies, rebutting a presumption of abandonment, and (not) aggravated felonies after a 42a grant.

Navigating the Nuances: Advanced Legal Strategies and Policy Insights for Asylum Law

Panelists will provide insights into the complex aspects of asylum law, including legal strategies for difficult cases, recent policy changes, and evolving jurisprudence that impacts asylum seekers.

• Legal standards and successful strategies for arguing complex particular social group (PSG) cases, including demonstrating immutability, particularity, and social distinction.
• Persecution by Non-State Actors and establishing Governmental Inability or Unwillingness to Protect.
• Advanced strategies for overcoming the firm resettlement bar, including arguing exceptions and proving the asylum seeker was not “firmly resettled” in another country.
• Criminal Bars to Asylum.
• Recent Developments in Asylum Law: New Administration Policies, Changes in Border Processing.
• Best practices for addressing discrepancies in testimony, memory gaps, or inconsistencies in an applicant’s story.
• Strategies for contesting expedited removal orders and ensuring access to asylum.
• Legal arguments and preservation of issues for appeal to the Board of Immigration Appeals (BIA) and when to take an asylum case to the federal court.

Strategies for Survivors: VAWA and U Visa Updates

Panelists will provide practical strategies and insights for navigating the complexities of VAWA and U visa cases, from managing life changes to ethical dilemmas. Learn creative approaches to overcoming legal challenges and advocating effectively for diverse clients.

• Strategies for After-Acquired Spouses and Relatives.
• Unlocking Lifelines: Availability and Eligibility of Waivers.
• Walking the Ethical Tightrope: Attorney Representation in Subsequent VAWA Petitions.
• Cross-Cultural Bridges: Navigating Cultural Considerations in VAWA Cases.
• Challenges and Strategies for Male VAWA Applicants.
• Qualifying Crime Complications for U Visas.
• Managing Derivatives and Life Changes After Filing.
• The Clock is Ticking: Issues in Removal Proceedings.

Deep Dive into the State of EB-5 Processing and Adjudications

The Panelists will discuss the current EB-5 landscape, including how changes based on the EB-5 Reform and Integrity Act (RIA) have played out, trends in Requests for Evidence and adjudications for cases filed pre-RIA and post-RIA, changes in I-526 petition processing for source and path of funds, and best practices.

• Trends in RFEs, NOIDs, and adjudications in I-526 and I-526E regarding source and path of funds.
• Immigrant visa process and adjustment of status trends for EB-5 investors and processing timelines.
• Best practices in preparing cases post-RIA and related to annual compliance periods for regional centers and reporting to investors.
• Status of mandamus litigation in I-526, I-526E, and I-829 petitions.

Gymnastics at the Consular Posts

This panel will discuss strategies for when things don’t go as planned at the consulate, including arbitrary 214b denials, improper adjudications of petitions, filing Hranka waivers, and more.

• Plan of action for countries that experience disproportionate delays and denials
• Inadmissibility and waiver issues, best practices for building a record with DOS and LegalNet.
• Alien smuggling, drugs, alcohol, tattoos, and other discretionary issues that may lead to denials.
• Latest trends and experiences at consular posts.
• Impact of consular nonreviewability and possibilities of mandamus.

Alternatives to H-1bs: Temporary Visa Programs

Panelists will discuss how to navigate the complexities of H-2A and H-2B visa programs, addressing ever-changing allotments, industry-specific needs, and alternative pathways for skilled workers. Discover how to leverage supplemental visas and recruitment practices to meet evolving workforce demands.

• Navigating Ever-Changing Supplemental Visa Allotments.
• The Seasonal Symphony: An Overview of H-2A and H-2B Visas and Timelines.
• Peak Load vs. Seasonal Occupations in Diverse Industries.
• Breaking Through the Cap: Understanding the H-2 Visa Cap and Supplemental Visas.
• Worker Recruitment and Interfacing with Agencies.
• Beyond Temporary: Immigrant Options for H-2 Workers.

Emerging Professions and Trends in Cases for Extraordinary & Exceptional Individuals

As times evolve, new career paths emerge, creating new challenges for filing cases in an outdated regulatory system. Panelists will discuss strategies for success in O-1, EB-1, and National Interest Waiver cases, with a particular focus on new and controversial professions and updates on trends in RFEs and adjudications.

• Crafting cases for individuals in new fields of endeavor (content creators, influencers, and startup founders) and controversial professions (such as pilots and lawyers).
• Shifting tides: current trends in RFEs and adjudications in National Interest Waiver cases.
• Current trends in RFEs and adjudications in O-1 and EB-1 petitions.
• Post-denial options and when to consider filing for mandamus.

PERM in 2025: The New Normal

The PERM landscape has faced a myriad of changes over the past few years. The new normal requires strategically drafting the ETA 9089 form released in summer 2023, navigating wage transparency laws popping up in new jurisdictions, and considering the impact of flexible and hybrid work arrangements. This panel addresses challenges and best practices for PERM strategy in 2025.

• Wage transparency best practices. Tailored vs one-size-fits-all approaches.
• Remote, hybrid, in-person positions; telecommuting language.
• New form hot topics: SVP and business necessity language.
• Recruitment challenges: Increased number of applicants due to AI and wage transparency laws; Impact of DOJ settlements on recruitment process.
• Audit triggers and denial patterns; RFIs; Processing times.

L versus E: Strategies for Small Businesses

Eligibility overlap often arises in the context of the L-1 and E-1/E-2 statuses. Whether you are retained in the early stages of a startup or whether you represent established business, setting business immigration strategy often involves a thorough analysis of each of these options. This panel focuses on the strategic use of E-1, E-2 and L-1 statuses and how to advise clients on which best suits their goals and purposes.

• E-1/E-2 v. L-1A to EB-1C: Considerations for the small investor, small and medium size businesses, new office vs. established office, active vs. passive role, franchise businesses, processing times, size of investment, nonimmigrant intent, consular processing vs. USCIS.
• Working around L-1 max-out times.
• Specialized knowledge vs. essential skills.
• New considerations relating to acquiring other nationalities to qualify for status.
• Nationality-based considerations: Current challenges related to specific nationalities and countries.

Hot Topics and Best Practices in I-9 Compliance and E-Verify

Expert I-9 compliance practitioners explain what employers should be most aware of when creating I-9 compliance strategies and procedures, how employers can navigate and avoid potential discrimination issues arising from potential new hires, and special considerations for an increasingly electronic and virtual I-9 environment.

• Overview of HSI/ICE guidance on compliance.
• Best practices when using E-Verify Next Gen.
• Virtual I-9s and dependency on E-Verify.
• IER/DOJ/OCAHO discrimination concerns and recent cases. Knowing what to ask applicants, what not to ask, and when.
• Handling I-9 Vendors.
• Audit triggers, risks, and penalties.

Federal Litigation, Mandamus, and the Doctrine of Consular Nonreviewability

This panel will unlock the secrets to challenging consular decisions and navigating the doctrine of consular nonreviewability with strategic litigation techniques. From mandamus actions to class action suits, we’ll explore how to turn the tide in even the toughest federal immigration cases.

• Mandamus/delayed action cases: lengthy administrative processing matters and challenging denials or revocations under APA in a post-Patel world.
• Challenging unreasonable consular decisions or actions.
• Class actions and other broad legal challenges against DOS.
• What (if any) are the limitations on the doctrine of consular nonreviewability?
• Develop the record in anticipation of denial—i.e., exculpatory material, expert witness report, etc.
• Strategies on establishing standing and jurisdiction.

Parole Variations: Exploring Military and Non-Military Procedures and Best Practices

Join our expert-led panel as we delve into the multifaceted world of parole, examining both military and non-military procedures, eligibility criteria, and strategies for successful outcomes.

• Overview of Military Parole: Detailed explanation of the procedures, requirements, and common reasons for denial in military parole cases.
• Eligibility for Non-Military Parole: Criteria and pathways for non-military individuals to obtain parole, including humanitarian and significant public benefit parole.
• Family Unity Initiatives: Current policies and practices aimed at keeping families together through parole programs, with a focus on updates and effectiveness.
• Cuban Nationals and ERO: Strategies for successfully navigating parole filings for Cubans, including best practices and key considerations under the current legal framework.
• Case Studies and Legal Challenges: Analysis of precedent-setting cases and how they influence current parole practices and policy-making.
• Filing Tips: Expert advice on preparing and submitting parole applications to maximize the chances of approval, with specific tips for different categories of applicants.

Employment-based Pathways for Individuals who have DACA, TPS, Pending Asylum Cases, or are eligible for I-601As

This panel will cover creative strategies for employment-based options for individuals with pending, approved, or available humanitarian applications. Panelists will discuss relevant legal provisions, key timing considerations, and navigating complications that could arise.

• Issue spotting, screening for eligibility, and understanding the applicable regulations and legal interpretations at play, including 245(k).
• The intersection between DACA, TPS, Pending Asylum, Employment-based petitions, 245(i), and I-601A applications, and any other relevant options.
• Nuts and bolts of managing timing-related issues and dealing with multiple agencies and government entities.

Launching a Successful Tech-forward Immigration Practice

Panelists will reveal the secrets to launching a successful practice with a focus on vision, finances, and cutting-edge tech. Dive into data privacy and AI ethics to navigate the future of legal professionalism with confidence and clarity.

• Key factors to consider before starting your own practice, including defining your vision and mission and developing a financial plan/budgeting strategies.
• Establishing systems, procedures, and technology for efficient practice management, from client intake to case closure.
• Strategies for marketing, client acquisition, and upholding ethical and professional responsibilities.
• Balancing time management, work-life integration, mental health, and community involvement.
• Identifying potential pitfalls and challenges in bias, data privacy, and liability, along with strategies for risk mitigation, such as acquiring and understanding cyber security insurance.
• Practical and ethical use of AI in professional settings: Ensuring transparency, accountability, and client confidentiality while using AI.

Ever-evolving Crimmigration Strategies and Drug Updates in Florida

Are you having trouble keeping up with the evolving Florida case law on controlled substances? This panel will provide an overview of all new updates in Florida law, as well as cover some key non-Florida decisions.

• Burglary: Occupied vs unoccupied.
• Said v. US Attny General: Undermining a “reason to believe” your client is a trafficker of controlled substances.
• Cocaine updates: Brown v. United States, Chamu v. U.S. Att’y Gen., and United States v. Laines.
• Fraud and deceit crimes, determining amount of loss looking at restitution, what constitutes a loss to the victim, and how to analyze.
• When a crime of violence is no longer a crime of violence (16b issue).
• Foreign Crimes and Interpol hits.

Case Law Updates (SCOTUS, Federal Case Updates, AAO, BIA, Congressional)

An annual highlight, the distinguished panel summarizes cases that shaped immigration practice during the prior year.

Hot Topics in Family-Based Immigration

Panelists will explore the latest developments, challenges, and legal strategies in family-based immigration, focusing on recent policy changes, adjudication trends, and complex issues that impact petitioners and beneficiaries.

• Understanding CSPA Protections and Recent Developments and Litigation.
• Litigation trends for Mandamuses for I-601A Waiver Delays.
• Inappropriate, Unprofessional, or Abusive Officer Conduct: When to Call a Supervisor, How to Report, and when to File a Complaint with DHS Office of Inspector General (OIG) or USCIS.
• Protecting Your Client During and After Reporting (no retaliation allowed).
• Visa Bulletin Trends and USCIS Policy Changes.
• Looking Ahead: the future of 245(i) and immigration reform.
• Recent Developments and Trends in 204(l) Cases: Continuing a Petition After the Petitioner’s Death.

Hot Topics in Removal Defense

Panelists will explore critical developments and emerging trends in removal defense. Key topics include strategies for responding to unilateral motions filed by DHS and when opposition is appropriate, filing motions to reopen or terminate based on defective NTAs, and best practices for handling cases when ICE OPLA fails to appear in court.

• How to use the Efficient Case and Docket Management.
• Impact of the current administration’s policies on removal proceedings.
• How to handle judges that are new to Immigration Law.
• Ethics: Ethical Issues and Immigration Law, Duty of competence, Client communication obligations, Importance of confidentiality, Potential conflicts and actual conflicts, Lozada (ineffective assistance of counsel) claims.
• Update on Lozada and efforts to bring change.

Complex I-751 Issues and Strategies for filing 237(a)(1)(H) waives

This panel will discuss I-751 issues before EOIR and USCIS, including practical strategies and insights for navigating the complexities of I-751s, from proving filing late I-751s to switching categories while the I-751 is pending. This panel will further provide strategies in filing 237(a)(1)(H)s in court in lieu of I-751 or in conjunction with.

• How to address USCIS termination of conditional lawful permanent status by seeking de novo review of the I-751 in immigration court.
• Switching categories from “Jointly filed” to “divorced”/good faith.

• Making the government submit their evidence against your client; challenging fraud allegations made by USCIS.
• Who has the burden of proof and what’s the standard for approval?
• The impact of a 204(c) finding.
• How to obtain derogatory information from the A file in removal proceedings.

• Seeking Fraud Waivers for LPRs, Conditional Residents, and VAWA Self-Petitioners.

Advanced Insights into T Visa Applications: Navigating Complex Cases and New Regulations

This panel offers a deep dive into the intricacies of T visa applications, focusing on advanced topics such as identifying severe labor and sex trafficking, handling cases involving domestic violence, and navigating new regulations. Gain practical strategies for moving forward in cases without law enforcement certification and understanding the implications of recent changes on existing filings.

• Identifying Severe Trafficking: Techniques and challenges in screening for severe labor and sex trafficking, with a focus on recognizing less obvious cases. Using T visa waivers effectively.
• Exploring the intersection of domestic violence and involuntary servitude in domestic partnerships and their implications for T visa eligibility.
• Moving on without a law enforcement certification.
• Managing derivative T visa applications and addressing potential conflicts of interest.
• Impact of New T Visa Regulations: Analysis of recent regulatory changes and their effects on both pending and new T visa cases.

Physicians, Academics, and Special Handling Panel

Panelists will discuss when special handling may be appropriate, as well as discussing hot topics and trends, including issues related to academia and professional sports. Panelists will also discuss selecting the best employment-based options for physicians.

• Timeline of a special handling case and navigating the new ETA-9089 as it relates to special handling, including SVP analysis and more.
• Dealing with special issues in athlete and university cases.
• Hot topics and trends related to Schedule A cases.
• Selecting the best options for physicians and other shortage occupations.
• Handling a reselection case in special handling cases.

Florida-specific Agency Updates

This panel will review the latest agency developments with a focus on local updates. What’s going on with the dedicated docket? What’s going on with scheduling at the consulates? What’s going on with the DMV in Florida? This panel will get you up to date on the news you missed this year, including:

• DMV: acceptable documents table.
• USCIS: infopass scheduling; rescheduling biometrics; virtual appearances; premium processing; filing location changes.
• DOS: visa backlog; non-functioning consulates; administrative processing procedures; new/reopening offices.
• ICE: status of PD; joining motions.
• CBP: satisfactory departure; statues of CBP One.
• DOL: FLAG system updates.
• EOIR: dedicated docket; new judges/transfers.
• BIA: “off calendar” cases; timelines.

Diplomats, Government Officials, and Employees of International Organizations

This panel will dive into the world of visas designated for diplomats, government officials, and employees of international organizations, discussing the nuances of these specialized visa categories, emphasizing practical strategies for managing the transition from nonimmigrant to immigrant classifications and providing essential techniques for navigating applications, staying compliant with unique legal requirements, and achieving successful outcomes.

• Strategic Transitioning: Step-by-step guidance on converting from nonimmigrant to immigrant status, highlighting critical considerations and common obstacles.
• Best practices for ensuring adherence to the specific protocols and compliance standards required for diplomatic visa holders.
• Updates on recent changes in legislation and policy affecting diplomatic, governmental, and international organization visas.
• Effective strategies for aging out children of diplomats and international officials.

Dealing with Setbacks and Getting your Stuck Case Unstuck

Even the best laid plans go awry sometimes, often due to government agency error, and it takes tremendous effort to get your case back on track. Other cases have special circumstances that require cases to be adjudicated as soon as possible. Whether your case was derailed by government processing issues or attorney mistakes, panelists will discuss best practices for preventing issues as well as advanced troubleshooting tactics for dealing with issues in case processing.

• How to work with USCIS to adjudicate cases that merit expedite or are past posted processing times (expedite requests, congressional inquiry, emailing premium processing, ombudsman, and mandamus).
• Using CIS Ombudsman or congressional assistance before seeking AILA liaison assistance.
• Dealing with erroneous mailroom rejections and when to request nunc pro tunc.
• Tips and tricks related to mailing packages, online filing, filing fees and overall ensuring your case is timely and properly filed.
• Common issues with the NVC and how to resolve them.
• Issues with consular processing and best strategies for using Legalnet.

FOIA Litigation and Administrative Appeals

This panel focuses on the latest trends and challenges in the field of Freedom of Information Act (FOIA) litigation and administrative appeals. The session aims to equip attorneys with the necessary knowledge to navigate the complexities of FOIA requests, understand recent legal changes, and effectively represent clients in disputes over access to government-held information.

• Overview of FOIA provisions and recent legislative changes affecting access and disclosure by federal agencies.
• Navigating FOIA Administrative Appeals: Guidance on the appeal process, drafting effective appeals, and handling administrative challenges.
• Strategies for FOIA disputes, including case preparation, evidentiary issues, and interaction with government lawyers.
• Recent judicial decisions impacting FOIA litigation and their implications for future cases.
• Challenging FOIA Exemptions.

Open Forum: Removal and Humanitarian Roundtable

Join us for an interactive and unscripted session where a panel of seasoned experts will address your most pressing questions about removal proceedings and humanitarian relief options. Whether you’re navigating asylum cases, Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), or removal defense strategies, this open forum will provide valuable insights and practical guidance. Come prepared with your questions and engage in a dynamic discussion designed to help you find the right direction in this complex legal landscape.

Open Forum: Business and Investment Roundtable

Join us for an open and unscripted session where a panel of business and investment immigration experts will tackle your toughest questions. Whether you’re navigating the complexities of EB-5 investor visas, E-2 treaty investor visas, or corporate immigration strategies, this forum offers a chance to gain personalized insights and practical advice. Bring your questions and participate in a dynamic discussion to help you steer your business and investment immigration matters in the right direction