>NCAA College Athletics and Immigration Converge

I particularly enjoy it when my involvement in collegiate athletics and immigration converges.  The New York Times reports today that the NCAA PAC-12 athletic conference is pursuing competition opportunities in China, as a means for PAC-12 universities to generate awareness, goodwill and student interest in China.   I'm sure the student-athletes would welcome the opportunity to visit China and compete there, even if it involves competing against other PAC-12 teams.  But that's a long way to go for away games!  I've seen first hand the intense demands the competition season and year-round training schedule place on NCAA Division I student-athletes, merely with travel restricted to the United States during the academic year.  Even for students who love their sport above all else, athletic competition is disruptive to the student-athlete's education because of missed classes and rescheduled exams and the challenges of studying and completing homework assignments on the road.  Read the full post....

>New EB-5 Policy Memo Released for Comment

Last week U.S. Citizenship and Immigration Services (USCIS) released a proposed new Policy Memorandum regarding EB-5 investor visa cases.  According to remarks by USCIS Director Alejandro Mayorkas in a public engagement phone conference that same day, the purpose of the new memo is to consolidate, update and improve guidance on EB-5 cases.  Director Mayorkas has proven to be a breath of fresh air at USCIS since his arrival and this is just one more example.  USCIS seeks public comment on the draft memorandum until December 9, 2011.  Director Mayorkas says he wants to issue the final memo as soon as possible after comments close, to allow the public to rely on this much needed guidance as soon as possible.  The draft policy memorandum addresses areas where more clarity is needed to improve predictability and consistency of adjudications.  Stay tuned for news of  the final memorandum, which could be significantly different and perhaps broader in scope than the draft.

>Athletics and Education

With the scandal at Penn State in the news for the last week, my thoughts turn to the importance of athletics in the educational experience and how closely a school's reputation is tied to the success and honor of its athletic program.  Right or wrong, a college or university's athletic program is a key element in a prospective student's choice of institution, whether the student is an athlete, fan, spectator or just wants to attend an institution with a proud history and positive reputation. 

First some reflections on the value of athletics in education. 

The UVM men's soccer team come to an abrupt and shocking end last weekend.  For me as a UVM fan, spectator and team parent, the game was a painful reminder of the educational value of athletics.  Hosting the first round of the America East play-offs, UVM (tied for #2) faced a lower seeded team (Albany #6).  UVM had beaten Albany 3-1 just a couple of weeks ago.   Yet UVM lost the game 3-2, the victim of two own goals in the last 4 minutes of the game. Read the full post...

>New NLRB Posting Requirement

Amy McLaughlin, Esq., Contributor

The National Labor Relations Board (NLRB) has delayed implemention of its new rule requiring employers to post a notice of employee labor rights in the workplace, following strong public criticism of it, as well as several lawsuits challenging the authority of the NLRB to mandate the posting.  The NLRB has explained the delay as necessary “to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized business.”   The new effective date of the posting requirement is January 31, 2012. The NLRB issued its final rule  in late August, requiring employers to post a new notice of employee labor rights, regardless of whether the employer’s workforce is unionized.  Most private employers are required to comply with the posting mandate. Read the full post....

>Helping Entrepreneurial International Students

I was reminded today how helpful it is for an immigration lawyer to have a background as a business lawyer, as I do.  The connection is obvious with respect to our work on employment and business immigration, immigration for employees, executives and investors.  A session at the New England conference of NAFSA: Association of International Educators this week focused on how to advise F-1 international students and J-1 exchange scholars who want to start their own businesses in the United States.  This is a particularly challenging area for international student advisors, who universally want to help students achieve their goals and yet aren't in a position to advise international students and scholars on business and immigration laws for start-up businesses.  Read the full post....

>The DOMA Debate Is Important For Immigration

The federal Defense of Marriage Act of 1996 (DOMA) prohibits the federal government from recognizing same-sex marriages that are recognized as legal marriages in a number of states including Vermont.  DOMA directly affects immigration, because immigration benefits are granted by federal law so same-sex marriages aren't recognized for immigration purposes.  I'm not the only immigration lawyer who's had to explain this to professionals who are invited by a U.S. organization to pursue a career in the United States and add value for U.S. business, industry, arts and academia but face the reality that under U.S. law, their lawfully-wedded partner can't obtain immigration status to live here with them permanently, even if they were married lawfully in the United States.   So it's great news from the office of Sen. Patrick Leahy, D-VT that the Senate Judiciary Committee will debate repeal of DOMA this week in Committee.  The Respect for Marriage Act (S.598 in the Senate and HR 1116 in the House) was introduced earlier this year to repeal DOMA, and it's co-sponsored by 30 members of the U.S. Senate.  Read the full post....

>Sports Fans Take Note of NCAA Athletic Compliance

It's always a pleasure to build a passion into a business or legal practice.  And it's no secret that I'm a soccer fan and particularly a college soccer fan now that my sons play college soccer - and I'm also a fan of college hockey, and school sports generally.  Athletics was a highlight of my own educational experience.  So I enjoy helping higher education clients with NCAA athletic compliance issues. There have been positive developments in the past year, with the introduction of NAAC standards to guide colleges and universities in assessing their campus compliance practices. Read the full post....

>Cuba Travel Restrictions Show Reach of U.S. Law

As an immigration lawyer I'm accustomed to the notion that U.S. citizens have different rights and responsibilities than non-U.S. citizens, and I've viewed U.S. restrictions on travel to Cuba in that light.  But I learned recently that U.S. law restricts travel to Cuba for more than just U.S. citizens.  U.S. law requires a license for travel to Cuba for U.S. citizens and permanent residents, individuals physically present in the United States, and branches or subsidiaries of U.S. organizations around the world, among others.  Cuba is a popular vacation destination for citizens of Canada and European countries, but it's a risky choice for people who want to spend time in the United States or pursue business opportunities here.  Licenses for authorized travel to Cuba are issued by the Office of Foreign Assets Control (OFAC) in the U.S. Treasury Department.

>Draft VT Energy Plan and Transportation

The Vermont Department of Public Service (DPS) issued its draft comprehensive Energy Plan for public comment this week, right on schedule.  A large part of the draft Energy Plan is devoted to energy use in the transportation sector.  It's great to see an organization our firm supports, CarShare VT, held out as a model in the Energy Plan, mentioned by name in both Volume 1 (p. 15) and Volume 2 (p. 296).  The statistics are remarkable.  Vermont ranks 6th in the nation for car miles traveled annually per capita (Volume 2, p.277) after large states Wyoming, Mississippi, New Mexico, Oklahoma and North Dakota.  Yet 43.7% of Vermont commuters live less than 5 miles from work! (Volume 2, p. 333).   Read the full post....

>Solar Law Firm?

We just met with Matt Murphy of Peck Solar, a division of Peck Electric, and Jeff Kenyon from our property management firm Redstone about installing solar panels on our firm's building.  Peck recently installed solar panels at the ECHO Center just up the Burlington waterfront from our office. Our building has flat roof sections with an unobstructed view to the southwest over Lake Champlain and the economics of installing solar are extremely favorable.  Plus if we can install a 60 KW system we can reduce our carbon footprint by 116,569 lbs per year!  The idea initiated in the firm's Social Responsibility Committee and received immediate support from the firm at large.  The only question is whether our funky roof, a flat roof sandwiched between two peaked roofs with north/south exposure and smaller flat sections along the northerly peaked section, provides sun and space for adequate panels to justify a solar installation.  We should have a detailed assessment of feasibility from Peck Solar in the next week or so.  Meanwhile we're celebrating our acceptance by Vermont Businesses for Social Responsibility (VBSR) as the newest Champion Member!  We truly appreciate VBSR's recognition of our CSR efforts by VBSR.  Stay tuned for an update on the solar project's feasibility.