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DALLAS, June 24, 2021 – The groundbreaking immigration law firm BAL is again ranked #1 for female attorney representation according to the National Law Journal’s 2021 Women in Law Scorecard.
For the third year in a row, BAL tops the Scorecard, which ranks firms by adding their percentage of female attorneys and their percentage of female partners. At BAL, women make up 62% of the attorneys, nearly two-thirds (65%) of the firm’s partners, and 42% of its owners.
“It’s an honor to remain the industry leader in this category. Women not only make up the majority of attorneys at BAL—they hold decision-making positions across the firm,” says Managing Partner Jeremy Fudge, noting that women make up 73% of the firm’s employees and 50% of its C-suite leaders. “We hire the best legal talent in the industry, and we have been forward-thinking in creating policies and instilling a culture that make this a great place to work for women at every stage of their careers.”
BAL has intentionally built a culture that values individuality while rewarding teamwork throughout its 40-year history. Though the firm has tripled its size since 2014 and grown 50% since 2018, it has maintained an inclusive culture, known as “oneBAL,” that elevates female voices and enables collaborative problem-solving without the divisiveness that plagues many large law firms. The firm’s leadership has adopted policies such as flexible schedules, remote work, expanded mental health support and unlimited vacation time that encourage work/life balance and resonate especially for female attorneys who are disproportionately impacted by parenting and caregiving responsibilities. In 2020, BAL formally established a DE&I Action and Advisory Board that launched firmwide focus groups seeking employee input and led to more than 40 employee-inspired initiatives that further promote diversity within the firm.
“I knew BAL was different from other law firms when I joined as an associate,” says Senior Partner Frieda Garcia. “I’ve seen the firm flourish and change over the past two decades, but one thing has remained constant—our culture that values every employee’s unique talents, ideas and contributions.” Garcia will be speaking at the Society for Human Resources Management (SHRM) annual conference in September with BAL Partner Kortney Gibson and Sr. Director of HR, Julie Dalton, about “Women, Diversity and Inclusion” and how organizations can achieve a collaborative workplace culture.
BAL has dominated industry gender and diversity rankings for the past several years, earning the top spot in multiple publications, including The American Lawyer’s #1 Most Diverse Law Firm in the country (2020 and 2021), Law360’s #1 Best Law Firm for Female Attorneys (2019 and 2020), #1 on Law360’s Diversity Snapshot (2019 and 2020), and Law360’s “Ceiling Smasher” list for highest percentage of female equity partners, five years in a row (2016-2020).
“I’ve been thrilled to step into the culture at BAL,” says COO and Partner Leslie Rohrbacker, who joined the firm this month. “I’ve spent years of my career mentoring women through my work as a practicing lawyer and operational executive in various organizations and industries. While many firms struggle with representation and inclusion, that is clearly not the case at BAL—it’s a special place where women thrive and are truly empowered to lead and make a positive difference in the lives of people all over the world.”
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In 2012, the Secretary of Homeland Security under President Obama issued a memorandum that instituted the Deferred Action for Childhood Arrivals (DACA) program. DACA allowed undocumented immigrants who came to the United States as children and met certain eligibility criteria to (1) request a period of “deferred action” from the government and (2) apply for authorization to work in the U.S. Though a grant of DACA represents the government’s decision not to take action to remove a person from the U.S., it does not impart any legal immigrant or nonimmigrant status. DACA benefits are generally valid for two years from the date of issuance.
More than 835,000 “Dreamers” have been granted relief under DACA since the program was established. As of March 2022, there are an estimated 611,270 active DACA beneficiaries in the U.S.
DACA has been the target of multiple lawsuits, including a federal lawsuit in Texas where a judge ruled in 2021 that the Obama administration did not follow proper administrative procedures in creating the program. President Joe Biden issued a memorandum upon taking office directing the Secretary of Homeland Security to take action to “preserve and fortify” DACA. The Department of Homeland Security (DHS) issued a proposed DACA regulation in September 2021 that drew more than 16,000 comments from the public, most of them in support. DHS published the final regulation in August 2022.
Yes. In October 2022, the U.S. Court of Appeals for the Fifth Circuit upheld the 2021 ruling that the 2012 DACA memorandum was unlawful. However, the court also directed the lower court to consider the legality of the 2022 final regulation. The appellate court urged the district court move forward “as expeditiously as possible.”
The Fifth Circuit left in place a partial stay that allows DHS to adjudicate renewal requests for DACA and employment authorization under DACA. DHS is also adjudicating advance parole requests for existing DACA recipients. Under court order, it cannot adjudicate first-time DACA requests at this time. Given the uncertainty around the litigation, current DACA beneficiaries are encouraged to file to renew their DACA and work authorization as early as possible.
No. In 2020, the Supreme Court ruled that the Trump administration did not follow proper administrative procedures when it attempted to end DACA. It has not ruled on the legality of DACA itself.
Only Congress has authority to provide a permanent solution for Dreamers that offers legal status in the U.S., and stakeholders have been encouraging lawmakers for years to find a bipartisan solution. It is impossible to predict at this time whether Congress will pass a law that grants some form of relief from removal to DACA beneficiaries.
FAQ current as of Sept. 1, 2022. Please check the Recent Developments section for the latest information.
After a turbulent political period following the Brexit referendum, the U.K. government is due to officially notify the European Union of its intention to withdraw from the bloc on March 29. On that date, Prime Minister Theresa May will formally invoke Article 50 of the Lisbon Treaty, setting off a two-year negotiation period before Brexit can occur in 2019. Negotiations will be guided by 12 key principles, including controlling migration to the U.K. outside of the current Free Movement rules, but also protecting the rights of those already in Europe (and conversely the U.K.).
To view the March 2017 Brexit Global Trends Benchmarking Report, please fill out the form below:
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Copyright © 2017 Berry Appleman& Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
Companies that undergo entity changes resulting from merger, acquisition, consolidation, spin-off or other corporate restructuring may face important immigration consequences related to their newly acquired foreign employees. This complex area is often overlooked, but thoughtful planning is essential for a smooth transition to minimize business interruption and avoid inadvertent violations of immigration laws and regulations.
During a merger, acquisition or entity change, employers must have a comprehensive plan to ensure that a former entity’s foreign employees do not fall out of their current immigration status, recognizing that these employees may be in different visa categories each with its own restrictions, work eligibility rules and validity dates.
This backgrounder covers some of the implications of mergers and acquisitions on three common nonimmigrant visa categories and on pending applications for employment-based green cards.
A company seeking to acquire another company or its assets or stock should research and review the following:
• Job details of all employees
• The target company’s policies regarding I-9 forms and how closely the former employer adhered to those policies
• E-Verify enrollment
• Changes in payroll, relocations, and other changes to employment structure
• The dates and results of any internal or external audits
The above list is a starting point and is not exhaustive. Please consult with your BAL Attorneys for a more detailed list of issues.
Employers who fail to assess immigration consequences of mergers and acquisitions risk business disruption or loss of employees due to visa lapses and possible flagging by immigration authorities. In recent years, Immigration and Customs Enforcement has stepped up audits of employers, as well as fines and criminal penalties for immigration violations ranging from errors in I-9 paperwork to knowingly employing undocumented workers.
A newly formed company should understand its obligations as the sponsoring entity of foreign national employees holding nonimmigrant visas or awaiting pending employment-based permanent resident applications. Below are considerations for employers retaining H-1B, TN, and L-1 visa holders and green card applicants. The new entity’s I-9 obligations are also explained.
A new entity that is a “successor in interest” to the acquired entity and will continue to employ H-1B employees in the same job function and duties located in the same Metropolitan Statistical Area (MSA), are not required to file amended H-1B petitions or new Labor Condition Applications. The employer must, however, update the Public Access Files for each Labor Condition Application with a corresponding H-1B employee who will continue to be employed by a new entity after the merger or acquisition. Determining whether the new entity is a successor-in-interest can require complex analysis based on whether the new entity assumes the assets and liabilities of the acquired entity.
If the terms and conditions of employment will change after the merger or acquisition (i.e. new job function, duties or worksite location), the employer should file amended H-1B petitions and new Labor Condition Applications.
The new entity should also conduct an assessment of its workforce to determine if it is an “H-1B dependent employer” based on its proportion of H-1B workers. A company is H-1B dependent if it employs eight H-1B workers of its total full-time employees of 25 or fewer, or 13 H-1B employees of 26-50 full-time employees, or 15 percent H-1B employees out of a total of 51 or more full-time employees. Employers deemed to be H-1B dependent must comply with additional recruitment and other requirements.
If an employer is going to continue to employ the former company’s TN employees, the employer may be required to file new TN applications. While NAFTA does not explicitly mandate new TN filings, if a TN employee will change job functions or duties, then a new TN application, petition or visa is recommended. If the job duties and functions remain the same, then it may only be necessary to update the new employer information when an extension application/petition is filed (or a new visa is sought for Mexican TN-2s).
Employees holding L-1 intracompany transferee status may be seriously impacted by the merger or acquisition depending upon the structure of the transaction. Because employees qualify for L-1 status based on the qualifying relationship (parent, branch, affiliate or subsidiary) of their previous foreign employer to the U.S. employer, a detailed analysis of the corporate transaction is required to determine whether the merger or acquisition terminates the qualifying relationship or if the relationship survives. For example, where the acquisition includes only the U.S. entity and the employee’s previous foreign employer is not part of the transaction, then the employee will lose L-1 status. Similarly, asset purchases and spinoff transactions may also limit the continuity of L-1 eligibility, so a careful and thorough review of the new corporate structure is required to determine continuing L-1 eligibility.
Additionally, following a merger or acquisition, an employer that has a Blanket L-1 petition should analyze whether an amended petition is needed to update the petition with any new or changed entities. its validity.
A merger or acquisition may affect an employee’s permanent residency application, depending on whether the newly formed entity is considered a successor-in-interest to the former employer. Three factors determine if the new entity is a successor-in-interest employer, three factors are required:
1. The job opportunity offered by the successor must be the same as the job opportunity offered on the PERM Labor Certification.
2. The successor has proven its ability to pay the proffered wage from the date of filing the PERM until the date of the transfer of ownership to the successor-in-interest employer, and
3. The successor has fully described and documented the transfer and assumption of ownership of the predecessor.
If the new employer entity does not qualify as a successor-in-interest, it may be required to re-start the green card process on behalf of the employee.
The employer’s obligations will also depend on the stage of the green card application process. If the PERM Labor Certification is pending at the time of a merger or acquisition, it will remain valid assuming that the new entity is a successor-in-interest and the employee continues to have the same job function and duties. Otherwise, the new entity must file a new PERM Labor Certification application.
If the I-140 petition is pending or approved but the I-485 Adjustment of Status has not been filed at the time of the merger or acquisition, then the new entity must file an I-140 petition with USCIS and prove that it is a successor-in-interest employer.
Where an I-485 Adjustment of Status application is pending at the time of the merger or acquisition, the portability provisions of the American Competitiveness in the 21st Century Act (AC21) permit the employee to transition to a new employer if the I-485 application has been pending for over 180 days and the employee’s job function and duties are the same or similar to those with the original employer. If the I-485 has been pending for less than 180 days at the time of the merger or acquisition, then the new entity should file an amended I-140 petition.
A company acquiring or merging with another entity may either assume the risks and liabilities of the acquired company’s I-9 forms or elect to have all employees of the acquired company complete new I-9 forms following the corporate restructuring. Conducting an I-9 compliance audit prior to the close of the transaction is a critical component of the M&A due diligence process.
Employees who are not retained or hired by the successor employer or newly created entity should be aware of potential implications for their visa status, right to remain in the U.S. or pending green card applications.
USCIS requires all nonimmigrant workers to maintain their visa status in order to be eligible for extensions or change of status. When terminated, a nonimmigrant worker is no longer maintaining status and loses work authorization under the current visa. Below is a brief description of the implications of termination and options for maintaining status.
When H-1B employees are terminated, a new employer may file an H-1B Change of Employer petition prior to the termination so the worker may continue employment. Depending on the timing of the filing of the new petition, the petition may be “portable” to the new employer or the petition may be adjudicated as a consular petition requiring the employee to exit the U.S. and return with the new H approval notice (for those holding a valid visa) or a newly issued visa.
USCIS has overlooked gaps in employment of less than 30 days, even though no regulatory or statutory provision covers these situations. Thus, H-1B employees who have been terminated prior to the filing of a petition by a new employer should aim to have the new H petition filed within 30 days of termination to support the request for portability. For longer periods of unemployment, it is important to discuss options with legal counsel to consider consular notification rather than portability extension of stay.
Those who stay in the U.S. after termination are at risk of being viewed as failing to maintain status.
When TN employees are terminated, in order to maintain status, they must file a petition for a change of employer prior to termination. It is important to note that TN status is reserved for specific occupations listed in the North American Free Trade Agreement.
As with H-1B employees, USCIS has overlooked gaps in employment of less than 30 days, even though no such grace period is authorized understatute or regulations . For longer periods of unemployment, it is important to discuss options with legal counsel to avoid a denial of a TN renewal or change in status.
L-1 employees who are terminated must carefully evaluate whether there are any available visa categories that allow for a change of status to be filed prior to termination. As with H-1B and TN employees, USCIS has overlooked gaps in employment for less than 30 days, despite the lack of an explicit statutory or regulatory provision. For longer periods of unemployment, it is important to discuss options with legal counsel to avoid a denial of a change of status petition.
An L-1 employee may change status to H-1B, if the H-1B quota has not been met or if the employee previously was approved for H-1B status under the annual cap.
Upon termination, employees with pending green card applications will have different options depending on the stage of their application.
A pending Labor Certification application for a terminated employee will likely be withdrawn. Where a Labor Certification application is approved but the I-140 petition has not yet been filed, the employee does not benefit from the approved labor certification; a new employer will need to file a new Labor Certification application and I-140 petition for the employee.
Where the I-140 is pending or approved, the newly created entity may allow the petition to be completed and for the former employee to retain his or her priority date should another employer wish to sponsor the employee.
Where an I-485 Adjustment of Status has been pending for at least 180 days and the I-140 petition has been approved or is approvable at the time of termination, the employee may continue the application and seek benefits from the portability provisions of the AC21 regulations.
By Jeremy Fudge June 29, 2016
With oil prices plummeting, the Texas energy industry is experiencing yet another down cycle. But silver linings can still be seen in these dark days that could lead to a brighter future than ever imagined.
Last December, Congress passed and the president signed legislation extending the Production Tax Credit (PTC). What’s the big deal with this tax incentive? It could hold the key to unlocking the growth of the next great Texas industry – the wind energy industry.
The PTC offers wind developers a credit of $0.023/kWh for electricity generated to the power grid. The fact that the new law extends this tax provision for five years means that entrepreneurs and businesses will have plenty of time and incentive to invest in the wind energy market. In fact, one of the barriers to entry in this marketplace has been the amount of lead time it takes to start a wind project. So this new law potentially could create a boom as entrepreneurs get started on new wind projects knowing that the federal government isn’t going to change the rules on them any time soon.
With the traditional oil and gas market down – and with jobs being lost in that sector – it’s good news for Texas business that a new frontier is opening in the energy sector. This state has always had the necessary wind and the right kind of entrepreneurs to create a wind market boom. The problem has been that the tax incentives from the federal government haven’t been enough to encourage investment. Now that has changed.
But with the likely growth in the wind market in Texas will come the need for highly skilled labor. The wind market is a highly specialized area that requires unique skill sets. In addition, Texas is very much a part of the global marketplace when it comes to energy. In fact, with the recent ending of the oil export ban, Texas oil and gas can now go all over the world. Likewise, many of the leading wind businesses are based overseas yet have a presence in Texas. As a result, to make the hope of a wind energy boom a reality in Texas, these companies will need access to L-1 visas. An L-1 is a non-immigrant visa that allows companies to bring in their experts on a temporary basis to get the project moving forward. This is a win-win situation for everyone. As an L-1, these employees are strictly here on a temporary basis and pose no threat to U.S. workers. But their impact is far from temporary. If these workers can help get the Texas wind energy going strong, there will be countless jobs for Texans for years to come.
This is a great example of how economic policy and immigration policy can and should work together. This is not a zero-sum game. If done correctly, immigration policy can and should benefit our Texas economy.
But there are huge challenges facing Texas companies trying to enter this market. And the most important challenge is labor. The wind market is a global market, meaning that much of the labor expertise is found overseas. The wind industry in Texas is still relatively young; as such, it’s difficult for employers to find the right employees. For example, the largest wind turbine in the world is the Vestas V164 8MW found in London. In the last few years while Texas energy companies were exploring shale plays across the state, scientists and engineers in England were focused on the wind turbine. As a result, much of the knowledge needed to make the Texas wind market take off is found in workers overseas.
Texas wind companies will simply have to import experts from other countries. In some cases, it may be a Texas-based project that needs to hire a wind power turbine manufacturer from Spain. Or perhaps another project will need help contracting with a Korean company that has expertise in building towers. Maybe another will want to hire a European company to build the blades. Whatever the situation, the end benefit will go to the people of Texas in the form of more energy options and more jobs created by this growing industry.
At Berry Appleman & Leiden, we work with companies both foreign and domestic and help ensure that gaps are filled and needs are met. And we know that when it is done correctly, immigration policies like L-1s make sense for everyone.
As the Texas wind market gets set to take off, keep an eye on the labor issues that will accompany it. To truly create more Texas jobs and another great Texas industry, we need the best workers and the best minds in the world.
Jeremy Fudge is the managing partner of Berry Appleman & Leiden and is responsible for the administration of the firm’s operations around the world. He is based in Dallas.
Originially published here
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
For the eighth year in a row, BAL ranked as a “Band 1” firm in the Nationwide category and in California and Texas in the newly released 2016 Chambers USA Guide, an annual ranking of the best law firms based on independent research and interviews with lawyers and clients worldwide.
Nationally, BAL is a “powerful force in corporate and business immigration,” able to handle a range of highly complex matters, according to the rankings. BAL’s California office was praised for its global and domestic expertise in the full range of immigration matters, notably excelling on behalf of Silicon Valley-based technology clients. BAL in Texas was recognized for an impressive client roster, covering industries such as energy, technology and entertainment and is noted for its global capabilities.
Individual BAL lawyers also received kudos. Founding Partner David Berry was noted for his work advising international and U.S. clients on compliance issues and the immigration implications of mergers and acquisitions, among other matters. Attorney Partner Lynden Melmed was also singled out for his “invaluable” experience in government legislation and described as “reasoned, balanced and very well respected.”
Described as “bright and talented,” Attorney Partner Susan Wehrer in California was noted for her skill in handling matters related to mergers and acquisitions and I-9 compliance, while “great lawyer,” Managing Partner Jeremy Fudge was ranked as an Eminent Practitioner in Texas and was recognized for his expertise in the full gamut of immigration issues across industries.
Chambers USA quoted clients who described BAL as providing a “fantastic service level” and being “right up there with the other big players in the U.S. immigration space.”
Another client said of BAL: “The best team. They are there when I need them, and think outside of the box when we need them to. It’s a great partnership.”
About Chambers USA
Since 1990, Chambers has published an annual guide ranking the world’s best lawyers based on technical expertise, business acumen, prompt delivery, and value for money. A team of over 140 researchers conducts thousands of interviews worldwide to produce the rankings. Lawyers cannot buy their way into Chamber’s rankings; as a result, its annual directories are considered among the most accurate and reliable.
– Berry Appleman & Leiden LLP
Berry Appleman & Leiden’s Latin America Managing Director, Daniela Lima, was awarded the 2016 ERC Distinguished Service Award at the recent Americas Mobility Conference in Houston, Texas. Distinguished Service Awards are granted annually to professionals who have demonstrated commitment to the service of global mobility and the Worldwide ERC through committee or task force participation, speaking on or moderating educational panels, authoring articles for Mobility magazine or serving in a leadership capacity. Worldwide ERC is the workforce mobility association for professionals who oversee, manage, or support U.S. domestic and international employee transfer. The organization was founded in 1964 to help members overcome the challenges of workforce mobility, and has grown today to nearly 10,000 service industry members around the world.
Berry Appleman & Leiden LLP is pleased to announce that Michelle Funk has been promoted to a Partner of the firm. Ms. Funk is based in the northern Virginia office, where she assists businesses in establishing and managing global immigration programs. “Michelle is a talented and well-respected attorney within the firm and the immigration community,” said Jeremy Fudge, Managing Partner. “She is the consummate team player who will strengthen our global platform.”
Ms. Funk graduated from Georgetown University Law Center and is active within the American Immigration Lawyers Association, currently serving on the Department of Labor Liaison Committee and previously serving as Chair of the Washington D.C. Chapter.