Strategies for Managing and Winning RFEs and NOIDs
Panelists on this intermediate session will focus upon current RFE and Notice of Intent to Deny (NOID) trends in the nonimmigrant and immigrant visa context. They also will provide guidance on how to address many of the most common and/or difficult requests made by USCIS. Emphasis will be placed on how to work with clients to develop winning strategies.
- Anatomy of an RFE: How to Read What It Says and Understand What It Means.
- Legal Sources, Recent Case Law, and Techniques in Drafting a Successful RFE Response.
- Encouraging Your Client to Think Outside the Box in Providing New Evidence.
- Strategies for Responding to the "Over the Top" RFE, Including Misapplication of Law and Misstatement of Material Facts.
- Challenges to the RFE and Resubmission of Evidence: When Is This a Good Tactic?
- When the RFE Wins: Is the Best Approach to Withdraw and Resubmit?
Diane M. Butler is a partner in the Seattle firm, Davis Wright Tremaine, where she focuses on business immigration. Before law school, she graduated from the University of Wyoming, worked on Capitol Hill, then worked in Shanghai for a Canadian law firm. She went on to receive her law degree from George Washington University. Diane is director of the AILA Board of Governors. She has an active cross border practice and enjoys troubleshooting problem cases. In her spare time, she likes to play jazz on her accordion.
Eleanor Pelta is a past President of the American Immigration Lawyers Association (AILA). A partner in the labor and employment law practice of Morgan Lewis & Bockius, she co-manages the firm’s global immigration practice, with practice groups in San Francisco, Washington, D.C., Boston and London. The practice focuses on assisting corporate clients in the management of large-scale global immigration programs, implementation of immigration policies and procedures, as well as assistance with all aspects of immigration compliance. Ms. Pelta was named one of the leading U.S. immigration lawyers by Chambers USA and Chambers Global and is consistently listed in Best Lawyers in America. The Legal Times has named Ms. Pelta one of the “Top 10 Immigration Lawyers in DC.” Ms. Pelta is a member of AILA’s Board of Governors. She served as a trustee of the American Immigration Council for several years, helped to organize the first immigrant achievement awards ceremonies, and was a founder of what is now the AIC Community Education Center. Ms. Pelta is also a Board member of New York’s Lower East Side Tenement Museum. She is the 2014 recipient of AILA’s Edith Lowenstein Award for Excellence in Advancing the Practice of Immigration Law, and the 2015 recipient of the Susan D. Quarles AILA Service Excellence Award. Ms. Pelta is a recipient of the 2016 Golden Door Award, given by HIAS of Pennsylvania. In 2018 Ms. Pelta was named a National Law Journal Trailblazer in Immigration Law, and Immigration Lawyer of the Year for DC by Best Lawyers in America.
Elaine Kumpula Elaine Kumpula is a partner with Faegre Drinker Biddle & Reath’s Immigration and Global Mobility Team. She leads the global mobility section of the practice, helping corporate clients manage international assignments of top executives and other key employees. Elaine coordinates complex global assignments, ensuring that employees enter host jurisdictions on time and in compliance with destination country laws and regulations. Elaine also represents domestic, foreign and multinational clients on U.S. immigration matters. She is an active AILA member and regularly speaks on immigration topics at local, national and international conferences. Elaine has been recognized in “Who’s Who Legal: Corporate Immigration” since 2018. She is also the Honorary Consul of Finland for the southern half of the State of Minnesota and South Dakota.