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 a highly regarded U.S. immigration attorney with a focus on employment-based immigration. As a Partner at Berardi Immigration Law, she delivers tailored immigration solutions to U.S. and international businesses, entrepreneurs, HR professionals, and legal counsel across diverse industries such as technology, finance, engineering, and healthcare. Jennifer earned her Juris Doctor (J.D.) from the University at Buffalo School of Law, where she also serves as an adjunct professor in Business Immigration, sharing her extensive knowledge with the next generation of legal professionals.

Recognized for her expertise, she has earned numerous accolades from Super Lawyers and consistently ranks on various “Top Lawyer” lists. Jennifer is an active member of American Immigration Lawyers Association (AILA) and the American Chamber of Commerce and is the cofounder of the Immigration Law Committee for the Western New York Women’s Bar Association.

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