2020 AILA Athletics, Culture, Entertainment, and Science (ACES) Virtual Conference

October 1 & 2, 2020

Welcome to the 2020 AILA Athletics, Culture, Entertainment, and Science (ACES) Virtual Conference!

AILA, the Conference Program Committee, and all the speakers are pleased to present this exciting live virtual CLE program.

All sessions will be recorded and available to participants after the conference. All times listed below are Eastern Time.

  • kurzban ad

schedule iconAgenda Thursday, October 1, 2020

Track 1: Arts, Entertainment, & Sports
Day Coordinator: Zabrina V. Reich, Buffalo, NY

Note: All sessions and events are subject to change without notice.

Fuji whittenburg
Fuji Whittenburg, AILA Conference Program Chair, Calabasas, CA


Join Meeting

Session Link: https://zoom.us/j/99440575477

How to Get to “Extraordinary” for the ‘Not So Ordinary’: Working with New Artists & Athletes and Clients in Lesser Known Fields

This panel will explore case filing strategies and provide best practices for difficult petitions for new and emerging artists, entertainers, and athletes; as well as established clients seeking to work in unusual, non-traditional, or out-of-the-mainstream occupations (e.g., social media influencers, Youtubers, e-gamers, e-sports, triathletes, axe throwing, motocross riders, mentalists, motorcycle designers, drone racers) and others who might be extraordinary in a lesser known field.

  • Strategies for Clients in Lesser Known Fields
  • Making the Leap from OPT to O-1: Practical Tips for Building and Presenting Evidence for the New Young Client
  • Ethical Considerations for Effectively Managing Client Expectations
  • Best Practices for More Challenging O and P Cases Including RFE Trends, Validating and Defining the Field, and Discussing Legal Standards
  • Overcoming and Avoiding Common Pitfalls for Younger Artists and Athletes

Faculty:

  • Eileen F. Morrison (DL), Newton, MA
  • Cory Caouette, San Jose, CA
  • G. Fabricio Lopez, Burbank, CA
  • James W. Hollis, Silver Spring, MD


Join Meeting

Session Link: https://zoom.us/j/99440575477

1:00 pm-1:25 pm Networking Break

O’s and P’s for the Bold and the Beautiful in Arts, Sports and Entertainment

This advanced-level panel will provide an in-depth discussion of how to set up your O and P petitions for success. Topics will range from sponsorship and consultation issues, to what constitutes a sufficient “deal memo.” Are O-1s reserved only for the ultra-famous?  Is freelancing allowed?  Panelists will address these questions and more while diving into the details of representing individuals in the arts, entertainment, and sports industries.

  • Pros and Cons of Agency vs. Employer Sponsorship
  • Contracts, Deal Memos, and Itineraries—Petitioner vs. End Users; How to Demonstrate Who’s Who to USCIS; and “Permission Slips”
  • Strategies for Avoiding Common RFEs, Including Those Challenging Itineraries, Deal Memos, USCIS Doing a Search of the “Public Record,” Etc.
  • Ethics Issues Concerning Self-Sponsorship, Sponsorship by a Company Owned by the Beneficiary, and Sponsorship by Attorneys

Faculty:

  • Rita Sostrin (DL), Woodland Hills, CA
  • Jamie Cheung, New York, NY
  • Steven M. Ladik, Dallas, TX
  • Ian David Wagreich, Chicago, IL


Join Meeting

Session Link: https://zoom.us/j/97970167548

2:25 pm-2:50 pm Networking Break

The Good, the Bad and the Ugly: RFEs, Denials, Travel Bans & Other Hot Topics

The experts on this panel will discuss adjudication trends and boilerplate/ultra vires language in RFEs, as well as recommend case strategies in the time of travel bans, agency closures, and ever-increasing denial rates for O-1 and P-1 visas. Creative legal arguments and a back-to–the-basics review of the regulations to help you win and a discussion of post-denial options and strategies will also be covered.

  • COVID-Related Hot Topics—Dealing with Travel Restrictions; Requesting “Essential Worker” Exemptions; “Flag Poling;” and Quarantines and Other Production Restrictions
  • Practical Tips for Dealing with Common RFEs Under the Current Administration
  • What to Do After the Case Has Been Denied?—Refiling, AAO Appeal vs. Federal Litigation Under the Administrative Procedures Act
  • Recent Notable Decisions in Federal Court and in the AAO
  • Current Trends and Tips for Creating an Administrative Record for Better Litigation and Appeal Outcomes

Faculty:

  • Donald L. Mooers Jr. (DL), Silver Spring, MD
  • Alexis S. Axelrad, AILA Board of Governors/CBP Liaison Committee Chair, New York, NY
  • Robert H. Cohen, Columbus, OH
  • Genie Doi, Torrance, CA


Join Meeting

Session Link: https://zoom.us/j/96437155955

3:50 pm-4:30 pm Networking Break

Post-Approval Issues & Concerns: Your Case Has Been Approved, Now What?

Many issues arise post-approval ranging from consular processing and international travel to changes in employment and I-9 verification—and now, COVID-19 and travel restrictions. Panelists will address various challenges including expediting visa appointments, DS-160 issues, international travel considerations, and the latest information available on consular processing at U.S. Embassies/Consulates worldwide.

  • How to Expedite the Various Stages of the O/P Visa Process and Is It Still Possible?
  • Potential Obstacles to Your Client’s Visa Application (DS-160) and Interview Outcome for Post-COVID Issues
  • Travel Considerations Including Travel Bans and National Interest Exceptions (NIE)
  • I-9s in the O and P world—Do You Need One? Who Completes It? What Documents Are Required?

Faculty:

  • Fuji Whittenburg (DL), AILA Conference Program Chair, Calabasas, CA
  • Catherine L. Haight, Marina Del Rey, CA
  • Daniel J. Parisi, London, UK


Join Meeting

Session Link: https://zoom.us/j/98061588089

schedule iconAgenda Friday, October 2, 2020

Track 2: Business, Science, Education, & Green Cards
Day Coordinator: Erin Trabookis, Charlotte NC

Note: All sessions and events are subject to change without notice.

Laya Kushner, AILA Conference Program Vice-Chair, Charlotte, NC


Join Meeting

Session Link: https://zoom.us/j/94880006559

O-1A – How Extraordinary Is Extraordinary?

This panel will review best practices, case law, and USCIS policy as they apply to O-1A occupations outside of sports, arts, and entertainment. Critical to this area of practice is (1) defining your client’s field of expertise, and (2) managing client expectations. Experts will discuss practical approaches to avoid pitfalls and provide ideas on how to recognize, and address, current RFE trends.

  • Strategic Considerations for Choosing O-1A vs. O-1B
  • Dissecting the Components of a Successful O-1A Petition
  • How Best to Assist Your Client in the Document Collection Process
  • Current RFE Trends and Response Strategies

Faculty:

  • Matthew Lee (DL), Centerville, MA
  • Flavia Santos Lloyd, Irvine, CA
  • Elissa J. Taub, Memphis, TN
  • Karin Wolman, New York, NY


Join Meeting

Session Link: https://zoom.us/j/94880006559

1:00 pm-1:25 pm Virtual Coffee Break

Public Charge & Ethical Issues

With the introduction of the I-944 for Immigrant Visas, the administration has increased scrutiny on wage issues, employer’s ability to pay the offered wage, and other related issues. Under the guise of BAHA, agencies are scrutinizing itineraries and other evidence including availability of U.S. workers in essential support roles. This essential session will focus on ethical issues attorneys and their clients face when drafting petitions and required evidence. Experienced attorneys will share their thoughts on how to best navigate these ethical dilemmas.

  • The I-944 and the Attorney’s Role in Completing It
  • Itineraries—Conveying a Firm Upcoming Performance Schedule in an Uncertain Time
  • Petitioner Asset Levels During an Economic Meltdown—What Is the Attorney’s Duty to Confirm Ability to Pay Wage?
  • Public Charge Issues
  • Are There New Ethical Issues for Attorney and Petitioner Arising from the I-129 Public Charge Section?
  • What Is the Attorney’s Duty to Obtain Beneficiary’s Financial History?
  • Special Considerations for the Starving Artist/Athlete

Faculty:

  • Ksenia A. Maiorova (DL), Orlando, FL
  • Dan H. Berger, Northampton, MA
  • Cyrus D. Mehta, New York, NY
  • Greg McLawsen, Seattle, WA


Join Meeting

Session Link: https://zoom.us/j/95367824099

2:25 pm-2:50 pm Virtual Coffee Break

“I Want a Green Card” … But Do You Really?

This in-depth panel discusses issues to consider before applying for the green card, from taxes to travel and other consequences of applying for permanent residence.  Experts will discuss the initial meeting with the client including strategy, timing, and managing client expectations with ever-changing immigrant visa availability, executive orders, advance parole, and travel restrictions.

  • Issues to Discuss with Your Client, and Their Managers, Agents, Coaches, etc. Before Rushing Out to File the I-140
  • IV vs AOS—Presidential Proclamations; Travel Considerations; and Can Advance Parole Be Expedited?
  • Will EB-1 Retrogress Again and How to Maintain Nonimmigrant Status
  • Filing Multiple I-140s—Strategy and Timelines
  • Maintaining vs. Abandoning Permanent Residence Including Re-Entry Permits and I-407 Strategies

Faculty:

  • Laya Kushner (DL), AILA Conference Program Vice-Chair, Charlotte, NC
  • Clayton Cartwright, Columbus, GA
  • Aja Pardini, New York, NY
  • Amy Maldonado, East Lansing, MI


Join Meeting

Session Link: https://zoom.us/j/95910477368

3:50 pm-4:30 pm Networking Break

Extraordinary, Exceptional or in the National Interest?  A Deep Dive into the Stormy Waters of EB-1s and EB-2s

Whether your client is extraordinary, exceptional, or serves the U.S. national interest, the final “prize” of permanent residence is the same.  How do we as practitioners decide which road to take to that final destination?  This panel will explore best practices for strategizing clients’ immigrant visa options in today’s era of subjective adjudications, RFEs, and visa retrogression.  We will discuss advanced strategies, current case law, and the government’s latest interpretation of Kazarian and Dhanasar.

  • Extraordinary vs. National Interest Waivers—Discussing the Application of Kazarian and Dhanasar Standards
  • Pros and Cons of Schedule A, Group II, Including Qualifying Under the Various Standards
  • Positioning the Facts and Legal Arguments for Success While Giving Clients a Realistic Perspective
  • Adjudication Trends, Common RFEs, and Best Practices and Strategies
  • When All Else Fails—How to Handle a Denial

Faculty:

  • Gerard M. Chapman (DL), Greensboro, NC
  • Kathleen L. Grzegorek, Los Angeles, CA
  • David J. Wilks, Buffalo, NY


Join Meeting

Session Link: https://zoom.us/j/96961113606

Thank You to All the Volunteers Who Made the Virtual ACES Conference Possible!

Conference Program Committee

  • Fuji Whittenburg, Conference Program Chair, Calabasas, CA
  • Laya R. Kushner, Conference Program Vice Chair, Charlotte, NC
  • Matthew Lee, Centerville, MA
  • Donald L. Mooers Jr., Silver Spring, MD
  • Ksenia A. Maiorova, Orlando, FL
  • Rita Sostrin, Woodland Hills, CA
  • Emmie R. Smith, AILA Director, Professional Development, Washington, DC

AILA Virtual Meeting Code of Conduct

AILA is committed to providing a professional and productive learning environment for all participants and staff. As a result, all participants are expected to follow all stated meeting and event instructions and guidelines in order to maintain an atmosphere of professionalism, mutual respect, and collegiality. AILA members in particular are expected to adhere to the principles set forth in AILA’s civility code. The guidelines herein apply to all AILA virtual, webcast and online programming including but not limited to AILA conferences, seminars, online courses and roundtables.

All participants must comply with the following guidelines to participate in the virtual meeting and events:

– All participants are expected to maintain a professional and civil discourse throughout AILA’s virtual meeting and event space. Participants are prohibited from using any defamatory, abusive, profane, discriminatory, harassing, threatening, and/or offensive language during the sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the virtual space.

– All participants must comply with the instructions of the moderators and/or any virtual event staff.

– Disruption of sessions, events or any activity that takes place in the virtual space is prohibited.

– Presentations, postings, and messages should not contain promotional materials, special offers, job offers, product announcements, or solicitation for services unless preapproved by AILA. AILA reserves the right to remove any such communications that have not been preapproved.

– Participants may not record, transmit, copy, or take screen shots of any sessions or events including but not limited to Q&A, chat rooms or any activity that takes place in the virtual space.

Participants who do not comply or are in violation of any of AILA’s virtual meeting guidelines may be denied further access and participation at the discretion of event organizers. AILA is not responsible for reimbursement or refund if you are denied access or participation due to violation of AILA’s Virtual Meeting Code of Conduct.

Participants can contact conferences@aila.org with any questions or concerns related to AILA’s Virtual Meeting Code of Conduct.

aila logo square

American Immigration Lawyers Association

1331 G Street NW, Suite 300
Washington, DC 20005
elearning@aila.org

Copyright © 2020
American Immigration Lawyers Association.

Notice:
The speaker’s/author’s views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker’s/author’s experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.

AILA University is not an accredited postsecondary education institution. AILA University is the online platform used by AILA, a national bar association and not-for-profit organization, to provide video learning and professional development resources to its members. AILA University resources are intended to enhance the professional development and advancement of members and do not confer degree credit nor award a degree, diploma, or certificate (except for a certificate of completion).