Recent Developments and Challenges in U.S. Employment-Based Immigration

Robert Webber | Webber Arredondo Oja, LLC

Robert P. Webber (“Bob”) is a U.S. immigration attorney based in Minnesota.  He has been recognized in Chambers (Band 1) and Best Lawyers of America.  He works with a team of 2 other attorneys and 20+ professionals, all focused on U.S. immigration matters. Bob has a Substack newsletter and a Podcast with 6,000+ subscribers where he regularly covers the most recent developments in Employment-Based (EB) immigration law, found here https://webberimmigration.substack.com/

Sandra Feist | Feist Law & Advocacy

Sandra Feist is the founding attorney of Feist Law & Advocacy, where she specializes in employment-based immigration law. Her practice encompasses a wide variety of fields including academia, the arts and athletics, and high-skilled technology workers. Sandra has held numerous leadership roles within the American Immigration Lawyers Association (AILA), including Chapter Chair of the Minnesota-Dakotas Chapter, as well as Committee Chair of the AILA National Media Advocacy Committee. She received the AILA National Advocacy Award in 2016 and in 2023 she received an AILA National President’s Commendation for her leadership. Since has served as an AILA Mentor since 2014. She has held Board memberships, including as a member of the ACLU of Minnesota and the Hennepin County Bar Association. In addition to her work as an immigration attorney, Sandra is an elected member of the Minnesota House of Representatives. In this role within the part-time legislature, she has successfully advanced successful immigration related legislation during her two terms in office.

Jennifer Behm, Esq | Berardi Immigration Law

Jennifer Behm is our favorite success story. Now a Partner with Berardi Immigration Law, Jennifer first joined our firm as a Legal Intern during law school. Our Managing Partner knew she was too good to let go, and has never looked back since. Jennifer has been instrumental in both the evolution and continued success of our firm as well as in the continued education of our workforce.

Jennifer is The Analytical One at Berardi Immigration Law. When she isn’t counseling clients or drafting noteworthy petitions, you can often find her “nerding out” (her own term) to new immigration policies or developing office-wide legal guidance. Jennifer is a natural leader and refuses to ever settle for the status quo.

Around the office, Jen is a trusted advisor to her coworkers and is celebrated for her successes with the most complex of cases. Recently, she pulled off a challenging feat for an investor whose E visa application required Jennifer to present a simplified breakdown of convoluted ownership and funding structures.

When you ask Jennifer what she loves most about working for Berardi Immigration Law, she’ll tell you that she loves knowing that her work makes a real impact. She changes lives by giving her clients the ability to achieve their American dream. That’s a real honor. Jennifer’s happiest place is with her family, including her supportive husband and two young children.

Session I – Non-Immigrant Visa Challenges and H-1B Process Updates | 1:00pm – 1:30pm

• H-1B lottery processing updates, including increase in filing fee and beneficiary-centric lottery framework
• New H-1B regulations and new Form I-129
• Alternatives to H-1B like O-1 and L-1

Session II – The Temperamental Landscape of Employment Based Immigration Law | 1:30pm – 2:00pm

• Statutory and regulatory changes impacting employment-based processes
• Bureaucratic and executive branch policies and practices impacting employment-based processes
• Transitioning clients from humanitarian to employment-based pathways

Break | 2:00pm – 2:10pm

Session III– Employer Compliance and Risk Management in Immigration | 2:10pm – 2:40pm

• Documentation and record-keeping requirements and compliance (H-1B Public Access Files & PERM Audit Files)
• Understanding and managing visa sponsorship responsibilities (e.g. anti-discrimination practices in hiring, I-9 compliance, reporting changes in employment, impact of layoffs, etc.)
• Preventative and best practices for surviving audits and site visits

Session IV – Immigration Policy Realities | 2:40pm–3:10pm

• The rise of EB-2 NIW as an alternative to PERM
• Increased interest in EB-1A and EB-1B and EB-1C
• Emerging technologies in immigration management and processing, including DIY and AI-enabled resources