Immigration Law Fundamentals:

Program Description

In today’s market, immigration policy and reform have taken a central focus amongst politicians, lawmakers, law enforcement officials, and litigators.  In the employment arena in particular, the rapidly changing immigration legal landscape has made what was already a dynamic legal practice into a challenging and perilous one.

This program will provide an overview of immigration issues in employment, including an explanation of: U.S. immigration policy and its impact on U.S. employers; visa categories available to employers and their foreign employees who wish to work in the U.S.; the anti-discrimination provisions of the Immigration Reform and Control Act (which covers employers not covered by Title VII); and Form I-9 issues.  More specifically, discussion will include an explanation of the difference between permanent resident/immigrant visa (more commonly known as “green card”) and nonimmigrant visa status and the subcategories within each. Panelists will then further explain the differing criteria that must be met in order to qualify for specific visas. 

Employment-based visas will be emphasized, including L-1 “intracompany transfer” visas, H-1B “specialty occupation” visas, E treaty/trader/investor visas, and TN visas under NAFTA.  Finally, an overview of Form I-9 compliance issues will be presented, including a discussion of the challenges involved with balancing the duty to employ only workers who are authorized to work in the U.S. without running afoul of the anti-discrimination provision under IRCA. 

Program Faculty

Ana L. Avendaño is associate general counsel and director of the Immigrant Worker Program at the AFL-CIO.  Ms. Avendaño provides legal and technical analysis on matters related to immigration and workers’ rights to labor unions and their members in all sectors of the U.S. economy. Ms. Avendaño served as the United States worker representative to the International Labor Organization (ILO) Committee on Migration in 2004. She was appointed to serve on the ILO’s Panel of Experts on Migration in 2005.  Ms. Avendaño testified before the Informal Interactive Hearings of the United Nations’ General Assembly with Non-Governmental Organizations, Civil Society Organizations, and the Private Sector on International Migration and Development in 2006.  Ms. Avendaño has also testified before United States Congress on US migration policy and its effect on workers. 

Ms. Avendaño is a frequent commentator on the topic of immigration reform and worker protections in print media as well as television and radio. Prior to joining the AFL-CIO, she served as assistant general counsel of the 1.4 million-member United Food and Commercial Workers International Union, where she was a front-line advocate in organizing, bargaining, and representing campaigns for immigrant workers.  She was actively involved in the development of the labor movement’s historic call for legalization and immigration reform.

Tammy Fox-Isicoff is a former trial attorney for the U.S. Immigration and Naturalization Service and special assistant U.S. attorney. She is a past president of the South Florida Chapter of the American Immigration Lawyers Association and served on the Board of Governors of AILA National for over 10 years.  Ms. Fox-Isicoff holds an AV rating from Martindale-Hubbell and has been a frequent immigration law consultant on the Today Show and the Morning Show.  She has served as immigration legal consultant to NBC, ABC, CBS, CNBC, FOX, and MSNBC. A frequent lecturer on all areas of immigration law and author, Ms. Fox-Isicoff has served as a legal expert on a number of occasions in federal court, state court, and in Florida Bar disciplinary proceedings.  Ms. Fox-Isicoff currently practices law with Rifkin & Fox-Isicoff, P.A.

Frida P. Glucoft is a partner at Mitchell Silberberg & Knupp, LLP in Los Angeles, where she serves as chair of the firm’s Immigration Department.  She is vice-chair of the Southern California Chapter of the American Immigration Lawyers Association.  Ms. Glucoft practices immigration and nationality law with an emphasis on employer obligations and responsibilities. Ms. Glucoft has counseled multi-national corporations, small businesses, and individuals on a wide variety of immigration matters, including temporary work permits, permanent residence, applications, and I-9 audits.  Ms. Glucoft is a frequent lecturer in the area of immigration and nationality law and has published numerous materials in the subject matter. 

CLE Credit*

1.5 hours of CLE credit in 60-minute states/1.8 hours of CLE credit in 50-minute states have been requested in states accrediting ABA teleconferences and live audio webcasts.*

NY-licensed attorneys: This non-transitional CLE program has been approved for experienced NY-licensed attorneys in accordance with the requirements of the New York State CLE Board for 1.5 total NY CLE credits.

The following states accept ABA teleconferences for mandatory CLE credit:
AL, AR, AZ, CA, CO, FL, GA, IA, ID, IL, KY, LA, ME, MN, MO, MS, MT, NC, ND, NH, NM, NV, NY, OK, OR, RI, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY.

*States currently not accrediting ABA Teleconferences: DE, IN, PA, KS, OH