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Business and Humanitarian Immigration: Strategies for Representing Employers and Employees with Humanitarian Protections

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, December 19, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance to business immigration attorneys on strategies for representing employees and employers where employees hold humanitarian protections such as Temporary Protected Status (TPS) or asylum and the employees seek permanent residency. The panel will also discuss the streamlined process for D-3 waivers for Deferred Action for Childhood Arrivals (DACA) recipients as well as the potential implications of the new administration.

Description

Humanitarian programs like TPS and asylum offer pathways to legally join the U.S. workforce for individuals who have faced significant challenges. These humanitarian programs provide stability and security to those seeking to immigrate as well as open opportunities for professional development and community integration. The programs provide significant benefits to businesses as well by allowing them to access a diverse and skilled workforce, often filling critical gaps in the labor market. There is also the potential to apply for lawful permanent residency.

To make the immigration system more efficient and predictable, the White House recently announced an executive order aimed at streamlining the D-3 waiver process and thereby easing the pathway to work visas for DACA recipients, Dreamers, and undocumented individuals who have received a bachelor's degree or higher from a U.S. higher education institution.

How this initiative and others will fare in the hands of the new administration in 2025 and beyond remains to be seen. However, representing clients at the intersection of business immigration and humanitarian immigration will continue to present complex issues. Business immigration practitioners need to be aware of the emerging issues in this evolving area of immigration law and policy to provide effective representation to clients.

Listen as our experienced panel discusses the potential intersections and conflicts between business immigration law and humanitarian protections, how relief categories such as TPS and asylum can impact employment-based immigration strategies, the implications of the new administration, and more.

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Outline

  1. Understanding humanitarian protections
    1. TPS
    2. Asylum
    3. DACA
  2. Eligibility for employment
    1. TPS and asylum holders
      1. Challenges and legal issues in maintaining employment while under humanitarian protection
      2. Effect on sponsorship for employment-based immigration petitions
    2. DACA and Dreamers
  3. Pathways to permanent residency
    1. TPS or asylum to lawful permanent residency
    2. DACA: complexities and limitations
  4. Managing transitions between statuses
    1. Simultaneous or sequential petitions
    2. Impact of humanitarian protections on employment-based visas
  5. Legal and ethical considerations
    1. Managing client expectations and ethical concerns
    2. Avoiding common pitfalls in petitioning for business visas
  6. Implications of the new presidential administration

Benefits

The panel will review these and other key issues:

  • What are the key elements of TPS and asylum for those seeking work authorization and eventual permanent residency in the U.S.?
  • What are the contours of the streamlined D-3 waiver process?
  • What are strategies and best practices for navigating the interplay of business immigration petitions and humanitarian protections?
  • Will it become more difficult to obtain permanent residency under the new administration?
  • What are the potential impacts of the new administration on business immigration for those protected under humanitarian categories?

Faculty

Leja, Beata
Beata Leja

Principal
Minsky, McCormick & Hallagan

Ms. Leja is a principal at the law firm of Minsky, McCormick & Hallagan, P.C. Her practice includes...  |  Read More

Shah, Tejas
Tejas Shah

Partner
Barnes & Thornburg

Mr. Shah has the ability to take the complex and confusing nature of immigration law and simplify it for his clients....  |  Read More

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