AILA University
Resources List for AILA University Tutorial Videos
To help further your learning, AILA provides a resources list associated with each tutorial video. These linked resources include items mentioned by the video speakers, as well as AILA's suggestions for additional sources of information. You can find a video's specific place on the page via the button onscreen at the end of each video, and via the link in the description page for each video. You also are welcome to browse the full list here.
Consultations for Marriage-Based Adjustments of Status
Best practices for conducting a client consultation for a marriage-based adjustment of status.
Filing a Marriage Based Adjustment of Status
Best practices for conducting a client consultation for a marriage-based adjustment of status.
- Featured Issue: Public Charge Changes at USCIS, DOJ, and DOS
- White House Issues Memo Ordering Strict Enforcement of Sponsor-Reimbursement Laws
- USCIS Announces Guidance on Adjudicating Spousal Petitions Involving Minors
- USCIS Issues Guidance on Adjustment of Status Policies and Procedures
- BIA on Adjustment of Status for K-1 Nonimmigrants
Basics of the Affidavit of Support for Marriage-Based Filings
This video will review the portion of the Form I-864 Affidavit of Support for marriage-based filings which is the same for both self-employed and W-2 income.
- USCIS Provides Guidelines Related to Affidavits of Support and Sponsor-Reimbursement Policies
- USCIS Provides Filing Tips for Form I-864
W-2 Income on the Affidavit of Support for Marriage-Based Filings
Completing the Form I-864 Affidavit of Support for marriage-based filings when the petitioner earns income as an employee with a W-2.
Self-Employed Income on the Affidavit of Support for Marriage-Based Filings
Completing the Form I-864 Affidavit of Support for marriage-based filings when the petitioner is self-employed.
Demonstrating Specialty Occupation
How to show that a position is a “specialty occupationâ€
- Practice Pointer: H-1B Specialty Occupation RFE Toolbox
- USCIS Rescinds 2000 NSC Guidance on H-1B Computer Related Positions
- H-1B Wage Level and Specialty Occupation Documents Released in FOIA Lawsuit
- Occupational Outlook Handbook, Bureau of Labor Statistics
Duration of Specialty Occupation
How to prove continued availability of "specialty occupation" assignments for the requested duration of employment
- USCIS Issues Policy Memo on H-1Bs Involving Third-Party Worksites
- USCIS Updated Q&As on the H-1B Employer-Employee Relationship
- USCIS Issues Policy Memo on H-1Bs Involving Third-Party Worksites
H-1B Filing
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve
- Practice Pointer: Filing Tips and Resources for FY2020 Cap-Subject H-1B Petitions
- Practice Alert: Update on Electronic Filing of LCA in FLAG System
- USCIS Provides the Remarks from Teleconference on H-1B Filing Tips and Understanding RFEs
- Understanding RFEs: A Breakdown of Why RFEs Were Issued for H-1B Petitions in FY2018
- Avoid Unwanted RFEs
EB-1 Filing
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve
- Check-in with DOS's Charlie Oppenheim
- USCIS Memo on Evaluation of Evidence Submitted with Certain I-140 Petitions
- Strategic Approaches to Bridging Status for Athletes During EB-1 Retrogression
- DHS Final Rule on Retention of Immigrant Workers and Improvements Affecting High-Skilled Nonimmigrant Workers
EB-2 Filing
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve
- NSC Liaison Committee Practice Update – Filing Multiple I-140 Petitions Based on the Same Labor Certification
- USCIS Q & A on Petition Filing and Processing for Form I-140
- NSC Liaison I-140 Practice Tips and Updates
Creating a Letter of Support Template
How to create a template or sample letter in support of EB-1 or National Interest Waiver
Client Communication in Long Removal Cases
How to stay in touch with your client when their removal case may go on for 3, 4, or 5 years!
Can Visa Waiver Program Entrants File Adjustment of Status Applications?
Include consideration for the 90-day misrepresentation rule (AOS)
- USCIS Memo on Adjudication of Adjustment Applications for Individuals Admitted to the U.S. Under the VWP
- CA2 Holds VWP Entrant Cannot Contest Removal Through Adjustment of Status
Advising Clients for an Adjustment of Status Fraud Interview
Tips for advising a client in advance of an adjustment of status fraud interview.
- Practice Pointer: Preparing for Employment-Based Adjustment Interviews
- Practice Pointer: Allegations of Fraud at the Adjustment of Status Phase for Asylees
Lodging an Asylum Application at Immigration Court Without a Hearing
Forms that need to go with this filing in a basic case; how to deliver the form to the court; what you will receive back from the court administrator
- Featured Issue: Border Processing and Asylum
- Practice Pointer: Completing Form I-589, Application for Asylum and Withholding of Removal
Understanding the Five Grounds of Asylum
A brief look at the 5 categories of asylum: race, religion, nationality, political opinion, membership in a particular social group
- Asylum Cases by Topic
- Attorney General Overrules Portion of Matter of L-E-A- Relating to Particular Social Group
Six Tips to Prepare for Direct Examination in an Asylum Hearing
How to organize and prepare for direct examination in court
- Getting Off the Assembly Line: Overcoming Immigration Court Obstacles in Individual Cases
- Questions to Help Prepare for Direct Examination in an Asylum Hearing
I-140 Ability to Pay
How to prove “ability to pay†in support of Immigrant Petition for Alien Worker USCIS Form I-140
Financial Statements and Tax Returns for I-140 Ability to Pay
Interpreting financial statements and tax returns to show "ability to pay" for an I-140 Immigrant Petition for Alien Worker
Supplement J: What It Is and How to Complete It
Completing I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j)
- Practice Pointer: New Form Supplement J and Adjustment of Status
- USCIS Policy Memo on “Same or Similar Occupational Classification†for §204(j) Job Portability
Visa Bulletin: Date for Filing vs. Date for Final Action
Understanding the "Date for Filing" and "Date for Final Action" in the Visa Bulletin
- Check-in with DOS’s Charlie Oppenheim
- Practice Pointer: Effect of Filing an AOS for an Aging-Out Child When Dates for Filing Are Current but Final Action Dates Are Not
- Adjustment of Status Filing Charts from the Visa Bulletin on the USCIS Website
- The Visa Bulletin on the State Department Website
B-2 Filing at Consulate
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve
- Practice Pointer: Applying for a Waiver Pursuant to Presidential Proclamation 9645 (Travel Ban 3.0)
- Form DS-160
B-2 Filing Extension or Change of Status with USCIS
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve
H-1B End Client/Third-Party Worksite Evidence
When an H-1B beneficiary works at a third-party worksite, what evidence is needed to establish the employer-employee relationship between the petitioner and beneficiary?
- USCIS Issues Policy Memo on H-1Bs Involving Third-Party Worksites
- USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements
The Scope of Work in Your Fee Agreement
Refine your fee agreement by carefully defining what the fee does not cover and when the representation ends along with clearly stating what your services include.
- Twelve Common Fee Agreement Fumbles and the Formula to Fix Every One of Them
- Determining the Best Fee Structure For Your Practice
Clearing Checks
How to make sure a check clears, final settlement confirmations, and “wire fateâ€
- Pay It Forward – Planning a Career and Getting Paid
- Accepting Advance Flat Fees Means Thinking About Having to Return Them
- Ethical Considerations in Fee Disputes, Fee Determination, and Flat Fee Cases
- Are You Undercharging for Your Services?
Best Practices for Checks Payable to USCIS
How to submit a check to USCIS and make sure it has been received
- Practice Pointer: Stopped Payment or Bounced Checks and Use of Credit Cards to Pay USCIS Filing Fees
- Practice Alert: Changes to Payment System at Local USCIS Field Offices
Client Termination of Representation Letter
What does an attorney need to include in a letter terminating a client's representation?
- Withdrawal of Representation in Immigration Practice
- Ethical Questions in Representing Clients with Administratively Closed Removal Cases
What to Say About Compensation in an Office Procedures Manual
Let your staff know when their salary will be reevaluated. Distinguish between merit raises and cost of living raises and when they occur. Discuss bonus or incentive opportunities and how to qualify, Explain that salary may be based on education, experience, performance and firm finances. Explain overtime policies
What to Say About Leave in an Office Procedures Manual
Distinguish between different types of leave; illness, vacation, personal, holiday, bereavement. Discuss differences between salaried and non-salaried employees if leave differs.
What to Say About Dress Code in an Office Procedures Manual
Explain what you expect. Does dress code differ between back office or front office employees or by day of week (week day v. weekend). Are there casual days? Note that religious attire is permitted. Discuss dress code and safety issues.
What to Say About Scope of Responsibilities in an Office Procedures Manual
Include job descriptions for each job category and explain how jobs overlap. Discuss flow of work, who is responsible when someone is absent for day, week, month.
Tips to Prepare Your Client for an Asylum Interview at an Asylum Office
How to organize and prepare your client for the asylum interview.
- AILA Provides FAQs on Changes to the Asylum Office Affirmative Scheduling System
- Avoid the NOID! How to Prevent Asylum Office NOIDs
Dual Intent in the Context of Adjustment of Status
Which categories of visas are dual intent, and why you can't just get a visitor visa and file from inside the US.
Dealing with Trauma to Discover Your Client's Story
Asylum seekers have much trauma that prevents them from telling their account of persecution. Here, we will provide tips on how to help your client discover their story and help the attorney tell their client's story.
- Law Student Perspective: How to Overcome the Cultural Barriers Between Asylum-Seekers and their Attorneys
- Practice Resources to Help Children and Families Affected by Humanitarian Crisis in Central America
- Trauma-Informed Interviewing Techniques, Video by Tahirih
When Can the 212(d)(3) Waiver Be Used for Undocumented and/or Unlawfully Present Clients?
This video will explore in what circumstances the 212(d)(3) waiver can be used.
- Practice Pointer: Understanding and Addressing the "Five-Year" Bar When Applying for a Visa
- Practice Advisory: U Visa Inadmissibility Waivers in Removal Proceedings
How to Apply for the 212(d)(3) Waiver
This video will demonstrate how to prepare a 212(d)(3) waiver, and how it is submitted to the US Consulate or CBP.
- Practice Pointer: Validity of Visas and INA §212(d)(3)(A) Waivers
- Practice Pointer: Applying for a Waiver Pursuant to Presidential Proclamation 9645 (Travel Ban 3.0)
- Practice Pointer: Filing Procedures for Nonimmigrant Waivers (Updated 4/15/13)
Demonstrating "Specialized Knowledge" for an L-1B Filing
Suggestions and examples of what to include, common items USCIS will expect, what not to include.
- USCIS Provides L-1B Adjudications Policy Memo
- AAO Sustains L-1B Appeal, After Specialized Knowledge Established
- Talking to Your Clients: L-1 Visas
Stateside L-1 Petition vs. Blanket L-1 Petition
The procedural differences and documentation differences between obtaining an L-1 approval through USCIS versus through the Consulate with a Blanket petition.
- Direct Filing Addresses for Form I-129, Petition for a Nonimmigrant Worker
- Visa Appointment Wait Times on the State Department Website
- Talking to Your Clients: L-1 Visas
- USCIS Issues Policy Memo on Satisfying the L-1 One-Year Foreign Employment Requirement
- Practice Pointer: New USCIS L-1 Policy Ushers in Restrictive Interpretation of the One-Year Abroad Requirement
- AAO Says Amended Petition Not Necessarily Required for L-1 Worksite Transfers
- Practice Alert: L-1 Adjudications at Ports of Entry for Canadian Citizens
- Practice Pointer: Proxy Votes for L-1 Petitions
L-1B Filing
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve.
- Talking to Your Clients: L-1 Visas
- Practice Pointer: Proxy Votes for L-1 Petitions
- USCIS Issues Policy Memo on Satisfying the L-1 One-Year Foreign Employment Requirement
- Practice Pointer: New USCIS L-1 Policy Ushers in Restrictive Interpretation of the One-Year Abroad Requirement
- Form I-129 Sample Cover Sheet and Checklist
Taxigration Basics
This video reviews the five basic principles of taxigration (the intersection of tax and immigration
law).
- Individuals Filing the Report of Foreign Bank and Financial Accounts (FBAR) on the BSA E-Filing System
- U.S. Tax Relief Targeted Toward the Accidental American - Finally
- IRS Urges Travelers Requiring Passports to Pay Back Taxes or Enter into Payment Agreements
Five Reasons Why AILA Members Should Join the Global Migration Section (GMS)
This video provides an introduction to the AILA Global Migration Section (GMS) and gives the viewer five reasons why AILA members should join GMS.
- Global Migration Section Page on the AILA Website
- Global Migration Digest
- GMS International Lawyer Directory
- GMS Country-Specific Profiles
Entering an Appearance in Immigration Court or the BIA
Navigating the e-registry and filing a new appearance between the Board and the Court.
- EOIR E-Registry
- DOJ's Immigration Court Practice Manual (Updated on 9/26/19)
- EOIR FAQs on the Internet Immigration Information (I3)
- EOIR FAQs on Attorney eRegistry Program
- EOIR General Instructions on Attorney eRegistry Program
Late Filings in Immigration Court
Can I include evidence if I missed the call up date? Emergency motions to accept the late-file documents, what to say on the call or voice message.
Preparing Clients for an Immigrant Visa Application at the Consulate
How to advise clients to prepare for an immigrant visa application at the consulate.
Triggers for the USCIS Interview for Family-Based Cases
What factors trigger a USCIS interview and current trends.
- BIA Issues Decision Clarifying Standard of Proof to Establish Marriage Fraud Under INA §204(c)
- USCIS Issues Policy Alert on Interview Guidelines for Marriage Involving Minor(s)
- Practice Pointer: Revised USCIS Interview Waiver Guidance for Form I-751, Petition to Remove Conditions on Residence
How to Change Venue for a Removal Defense Case
Pleadings requirements, acknowledging service of NTA, and stating relief. How to serve DHS, including the change of address form.
- EOIR Releases OPPM on Change of Venue Requests
- DOJ's Immigration Court Practice Manual (Updated on 9/26/19)
- BIA Grants Change of Venue After Interlocutory Appeal
- BIA Grants Interlocutory Appeal Challenging Change of Venue
Showing a "Qualifying Relationship" for the L-1 Visa
Corporate documentation that may be used to show that entities (the entity at which an individual work/worked abroad and the entity to which the individual is being transferred in the U.S.) possess the appropriate qualifying relationship (parent, subsidiary, affiliates, branch offices, joint venture).
- Checklist of Required Initial Evidence for Form I-129 on the USCIS Website
- L1 Visa Document Checklist on the Syed Law firm Website
- Talking to Your Clients: L-1 Visas
- Practice Pointer: Proxy Votes for L-1 Petitions
- USCIS Provides Policy Memo Clarifying Proxy Vote Use for Certain L-1 Visa Petitions
L-1A Filing (USCIS vs. CBP)
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve.
- L1 Visa Document Checklist on the Syed Law firm Website
- Talking to Your Clients: L-1 Visas
- Practice Pointer: The “Primary Office†Rule for I-129 Petitions
H-1B Entry Level Specialty Occupation
Entry-level workers applying for H-1B may be subject to greater scrutiny if they have a level-one wage. Learn to develop arguments such as the entry level duties rely on the skills from the B.A. degree and/or that the duties of the position can be complex and specialized even for an entry level position to help clients overcome this challenge.
- Occupational Outlook Handbook, Bureau of Labor Statistics
- Practice Pointer: H-1B Specialty Occupation RFE Toolbox
- DOL Releases Information Related to DHS's Use of OOH in Adjudicating H-1Bs
- H-1B Wage Level and Specialty Occupation Documents Released in FOIA Lawsuit
- Practice Pointer: Expert Opinion Testimony - Yes, It's Evidence USCIS Should Consider!
- USCIS Provides the Remarks from Teleconference on H-1B Filing Tips and Understanding RFEs
- Practice Pointer: Overcoming H-1B Computer Programmer RFEs (Lessons Learned from 2017)
- Push Through Scrutiny with Detailed Job Duties on H-1B Petitions
- Practice Pointer: Gain A Better Understanding of the OOH
Six Steps to Overcome Procrastination
This video provides six steps attorneys can take when faced with procrastination.
- Overcoming Procrastination: How to Get Things Done Despite Yourself
- Bite-Sized Ethics: When Procrastination Becomes a Problem
- Five Simple Ideas to Improve Productivity and Achieve Work-Life Balance
Six Steps to Correct a Mistake
This video provides a six-step process attorneys can follow to correct a mistake.
EB-4 Filing
Documents and forms that need to go with this filing in a basic case, what color to print each part, where to file, who else to serve.
Establishing Continuity of Residence for Naturalization
There is a rebuttable presumption that continuity of residence is disrupted if there is an absence of six (6) months or more. There are factors to use in establishing the continuity of residence and exemptions to consider to establish that the client has continuous residence.
- USCIS Issues Policy Alert on Defining “Residence†in Statutory Provisions Related to Citizenship
- CA9 Holds Time Spent in U.S. Territory Does Not Count Toward Natz Residency Requirement
- Neufeld Memo on Naturalization for Military Spouses and Children
Defining Executive Capacity and How to Prove it in the L-1A/EB-1 Context
In the L-1A/EB-1 context, an employer must categorize their beneficiary as either an executive or a manager. This video gives an overview of the definition of executive capacity, its requirements, and how to prove the beneficiary is functioning in an executive capacity.
- Electronic Code of Federal Regulations, §214.2: Special requirements for admission, extension, and maintenance of status
- USCIS Policy Memorandum Designating Matter of Z-A-, Inc. as an Adopted Decision
- USCIS Policy Memorandum Designating Matter of G-., Inc as an Adopted Decision
- Talking to Your Clients: L-1 Visas
- USCIS Issues Policy Memorandum Designating Matter of S-P-, Inc. as an Adopted Decision
Defining Managerial Capacity and How to Prove it in the L-1A/EB-1 Context
In the L-1A/EB-1 context, an employer must categorize their beneficiary as either an executive or a manager. This video gives an overview of the definition of managerial capacity, its requirements, and how to prove the beneficiary is functioning in a managerial capacity.
- Electronic Code of Federal Regulations, §214.2: Special requirements for admission, extension, and maintenance of status
- USCIS Policy Memorandum Designating Matter of Z-A-, Inc. as an Adopted Decision
- USCIS Policy Memorandum Designating Matter of G-., Inc as an Adopted Decision
- Talking to Your Clients: L-1 Visas
- USCIS Issues Policy Memorandum Designating Matter of S-P-, Inc. as an Adopted Decision
Defining Functional Manager and How to Prove It in the L-1A/EB-1 Context
What is a functional manager and how can you prove it in the L-1A/EB-1 context? This video gives an overview of the definition of functional manager, its requirements, and how to prove the beneficiary will be working as a functional manager.
- Consular Red Flags in E and L Visa Adjudications
- AAO Finds Detailed Job Duties Are Required in Multinational Executive or Manager Petitions
- DHS OIG Report on L-1 Visa Program
T Visas: How to Show "Present on Account of" Trafficking
Learn tips for demonstrating this requirement, one of the most problematic for T visa petitioners.
- Trafficking Victim Assistance Program on the Administration for Children and Families Office on Trafficking in Persons Website
- T Visa Manual: Identification and Legal Advocacy for Trafficking Survivors
- Abused, Blamed, and Refused: Protection Denied to Women and Children Trafficked Over the U.S. Southern Border
- Practice Pointers on VAWA, U, and T Filings
- DHS Provides U and T Visa Law Enforcement Resource Guide
- USCIS Presentation from Webinar on T and U Visas and VAWA
T Visas: How to Screen Consultations for Possible T Visa Relief
Learn how to ask the right questions so you don't overlook possible T visa eligibility.
- T Visa Manual: Identification and Legal Advocacy for Trafficking Survivors
- ILRC: Post-Election Q&A for Advocates and Attorneys Serving Immigrant Survivors of Gender-Based Violence
- NY Anti-Trafficking Network Guide for Assisting Trafficking Survivors
U/T Visas: How to Apply for a Fee Waiver with the Vermont Service Center
Recently, fee waiver requests have been routinely denied by VSC whereas previously they were almost a given. Learn tips to get your fee waiver request approved given VSC's new, more stringent adjudication process.
- ASISTA Website
- Practice Advisory: Tips for Representing U Visa Respondents
- Practice Advisory: Fee Waivers for VAWA Self-Petitions, U and T Visa Applications
- Practice Pointers on VAWA, U, and T Filings
Physical Presence and Continuous Residence
How to assess and calculate physical presence and continuous residence for naturalization, and common issues with this.
- USCIS Issues Policy Alert on Defining "Residence" in Statutory Provisions Related to Citizenship
- CA3 Finds Constructive Physical Presence Doctrine Cannot Transmit Citizenship
- CA9 on False Claims to U.S. Citizenship and Continuous Physical Presence
When Is an N-600 Rather Than an N-400 Proper?
Details on when you use the USCIS N-600 Application for Certificate of Citizenship vs. the USCIS N-400 Application for Naturalization.
- USCIS Filing Tips for N Forms
- USCIS Makes Two More Applications Available for Online Filing
- USCIS Issues Policy Alert on Defining "Residence" in Statutory Provisions Related to Citizenship
- USCIS Issuing Biometric Appointment Notices for Domestic N-565 and N-600 Applicants
How to Request a Fee Waiver in Immigration Court
When eligible, it is possible to request a fee waiver for defensive applications in Immigration Court. This tutorial will explain how to request a fee waiver as well as strategic considerations.
- DOJ's Immigration Court Practice Manual (Updated on 9/26/19)
- EOIR Releases Updated Uniform Docketing System Manual
Conflict of Interest and Affidavit of Support
When your client does not meet the poverty guidelines, is there a conflict of interest in preparing the affidavit of support of the joint sponsor?
- AILA Ethics Compendium Chapter on Rule 1.7
- Dual Representation in Immigration Practice
- Finding the "Golden Mean" in Dual Representation
- How to Ethically Handle an I-864 Joint Sponsor (Updated 11/7/12)
The Ethics of Flat Fee Billing
Where does the advanced payment of a flat fee go, trust or operating? How much should you refund if the engagement ends pri
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