COURSE SYLLABUS

Business Immigration Law (ILAW 602)

Fall 2024
Professor Shruti Bali

Advanced Certificate in Immigration Law Program

Graduate Level: 3 Credits

ADVANCED CERTIFICATE IN IMMIGRATION LAW PROGRAM GOAL

The program offers an in-depth review of current U.S. immigration law, regulations, and
processes surrounding the status of foreign nationals in the United States.

ADVANCED CERTIFICATE IN IMMIGRATION LAW PROGRAM LEARNING OUTCOMES

● Identify and analyze immigration issues in fact patterns to assess an individual’s legal status
and options.
● Locate and access the resources needed to analyze immigration law issues.
● Identify major immigration applications and forms, their purposes, and issues.
● Develop strategies for successful presentation of major applications.
● Recognize the ethical and legal restrictions and implications of the unauthorized practice of
law.

ILAW 602 COURSE LEARNING OBJECTIVES

This course will address the following objectives:
● Recognize the principles and rules governing the authorized practice of law and the prohibition
against unauthorized practice of law.
● Explain the principles of employment based immigration and employment eligibility in the U.S. and
identify the main legal resources in this area.
● Distinguish among categories of immigrant and non-immigrant employment and business-based visas and
status.
● Analyze the processes of gaining temporary and permanent employment-based status.
● Assess and verify employment eligibility based on applicable law.
● Evaluate employment-based immigration eligibilities in various scenarios.
COURSE DESCRIPTION
The student will gain an understanding of the principles of business immigration law. The
course will prepare the student to work for public and private sector organization that
employ or otherwise engage with foreign-born workers, foreign investors, and others.
The student will learn about the rules for temporary and permanent employment of
foreign-nationals in the U.S. Students will also learn the major types of applications and
petitions used in this area and the roles of various agencies in the our immigration
system.

TEXTBOOK
The course will rely on publicly available resources assigned for each week.

INSTRUCTOR INFORMATION
The best way to reach me is via email: Nicole.Fink@sps.cuny.edu. Office hours are by
appointment and can be scheduled via e-mail. Questions regarding any aspect and the
course should first be posted in the Q&A forum of the Discussion Board. If the question
is not related to the course or is confidential in nature, you may then contact me directly
via email and expect a response within 24-48 hours during the workweek and 72 hours if
weekend or holiday falls within that period. If the question is one I feel others in the class
may benefit from, I reserve the right to post it in the Q&A forum. You can find this
information in the About Your Professor/Contact Info folder in the content area of
Blackboard.

ONLINE COURSE EXPECTATIONS

This is a fully online course. In the online environment, the only way to be “present” in
class is to engage and participate. Engagement and participation begins with (1)
completing the week’s readings; (2) submitting responses to the week’s quiz; (3)
allowing enough time to reflect on the readings and your classmates’ posts before
posting and responding to posts. A few points to note:

● The course week begins on Thursday at 12:01 am EST and ends Wednesday night,
11:59 pm Eastern Time (EST or EDT as in effect in NY State). Any responses for the
week and initial postings to the Discussion Board are due by the end of the course
week.

● In the online classroom, like in the traditional classroom, you are requested to be
respectful of others. Please accept that people have differing opinions, points of view
and backgrounds.

● Please review and follow the CUNY SPS “Netiquette” Guide:

http://catalog.sps.cuny.edu/content.php?catoid=2&navoid=205

UNAUTHORIZED PRACTICE OF LAW

The practice of law, including immigration law, is regulated by state and federal law and
only those duly licensed by a state or authorized by the federal government may
practice law in accordance with their license.
This program is designed to educate individuals who advocate for immigrants, work with
immigrants, or otherwise interested in this area. This program does not confer the right
to practice law, only a state or the federal government can do that. Any individual
assisting foreign nationals in the field of immigration law must understand and observe
their ethical and legal obligations with respect to Unauthorized Practice of Law (“UPL”).
Engagement in UPL can seriously harm immigrants and is punishable by law. A
module concerning UPL is a part of this program and is mandatory for all
students.

DISCLAIMER
Note that the course content, including the discussion board or any other
communications by the professor or any of the students, does not constitute a legal
advice in any particular case or matter. If you have a particular immigration matter you
should retain the services of a licensed attorney. This course does not give rise to any
attorney-client relationships, duty of confidentiality and any other duty or right involved in
attorney-client relationships.

COURSE GRADING AND REQUIREMENTS

In order to successfully complete this course, participants will be required to complete all
the weekly required readings, weekly assignments, participate in the weekly discussions,
complete a final exam. The value for each component towards your final grade are as
follows:

Final Exam: 25%

Signature Assignment: 25%
Discussion Board: 25%
Weekly quizzes: 25%

There will be a score penalty for any responses turned in late. 5% of the total grade for
the assignment for every day past the deadline will be deducted from the assignment’s
score.

All times and dates in this course are U.S. Eastern Time in effect (either Eastern
Standard Time (EST) or EDT (Eastern Daylight Time)) when in effect in New York
State). This is true regardless of where you physically are.

For maximum credit, students should post a response to the weekly Discussion Board
topic and a response to at least two other student posts. The response to the weekly
Discussion Board topic will be due by Sunday 11:59 pm EST of each week, with the
peer responses due Tuesday at 11:59 pm EST of each week. To ensure that we, as a
class, move collectively forward from week to week, the Discussion Board will be closed
two weeks after the start date for a particular week. If you do not feel you will be able to
post your responses within such time, please notify the instructor in advance of the
close date. If you do not participate in a particular week’s discussion, you will not receive
the allotted credit for that week, which will adversely affect your grade.

The final grade for the course will follow the grading parameters of the CUNY School of
Professional Studies:
 Grading Policies – Graduate
The graduate student's CUNY SPS grade (A, B, C, or F) reflects assessment by the
instructor of key course components. The following grades are assigned:

Letter Grade Ranges % GPA

A 93-100 4
A- 90-92.9 3.7
B+ 87-89.9 3.3
B 83-86.9 3
B- 80-82.9 2.7
C+ 77-79.9 2.3
C 70-76.9 2
F <70 0

See more about the graduate grading policy at:

https://sps.cuny.edu/about/dean/policies/academic-and-student-policies/grading-policies-
graduate
WEEKLY SCHEDULE AND READING
WEEK MODULE /
UNIT TOPIC READING
DATES
Week 1 Introductions Getting ❑ Syllabus
Started ❑ Course Overview/Welcome
8/29 – 09/04 Find the ❑ Introductions on Voicethread
resources ❑ UPL Module
❑ INA, §214(b)
❑ INA §248
❑ 8 C.F.R. §248
Module 1: Business Non- ❑ USCIS - B-1
Immigrants ❑ DOS - Business Visit to the U.S
8/29 – 09/04 ❑ DOS – C-1/D Crewmember Visa
The Business
Visitors (B-1, VWP,
Canadians) and the
transiting and
crewmembers (C-1-
C3, D1-D2)
Week 2 Module 2: Business Non- ❑ INA Sec. 101(a)(15)(F), (H), (J) and
Immigrants Students, (M)
9/5 –9/11 Exchange Visitors, ❑ DOS J-1 Website
❑ The Skills List and INA sec. 212(e)
trainees and interns ❑ 9 FAM 402.5
❑ STEM OPT Rules

Week 3 Module 3: The Professionals- ❑ AFM Ch. 31.3

H-1B the basics ❑ USCIS Website – H1B
9/12 – 9/18 ❑ Michael Hertz Associates, 19 I&N
(“professionals”,
Dec. 558 (Comm. 1988)
“Specialty
Occupation”, LCA
Attestations,
admission period,
and Numerical
Limitations)

Week 4 Module 4: H-1B NIV part 2 ❑ Fred 26 Importers, Inc. v. DHS, 445
(Education and F.Supp.2d 1174, 1180-81 (C.D. Cal.
9/19 –9/225 experience 2006)
❑ Matter of Simeio Solutions LLC, 26
qualifications, I&N Dec. 542 (AAO 2015)
“Ownership and ❑ INA §214(c)(10)
Control”, AC21 ❑ Employment of certain H-4 spouses
portability, 3rd party High-Skill NIV Rule (review the scope
placement, multiple of issues covered by the rule)
jobsites, ❑ Matter of S - Adopted Decision
organizational ❑ USCIS AC21 memo
changes and family
members
Week 5 Module 5: Related ❑ USCIS Policy Manual Vol.2 Part J
Professional NIV ❑ AFM Ch. 31.4, 31.5
9/26 –10/02 categories: ❑ USCIS - TN
 H-1B1, E-3, TN ❑ USCIS TN Professions List
❑ USCIS H-2A
Temporary ❑ USCIS H-2B
Agricultural and Non- ❑ AFM Ch. 34.6
Agricultural Workers ❑ 9 FAM 402.9-8
(H- 2A and H-2B) ❑ USCIS TN Economist Policy
Week 6 Module 6: The ❑ INA §101(a)(15)(L)
Transfer ❑ INA §101(a)(44)(B)
10/3 –10/9 ees L-1A ❑ USCIS L-1A
❑ USCIS L-1B
and L-1B ❑ 9 FAM 402.12
❑ L-1B Adjudications Policy
(08/17/2015)
❑ Matter of Z-A-, Inc. Adopted
Decision (04/14/2016)
❑ Matter of S-P Inc. Adopted
Decision(03/19/2018)
Week 7 Module 7: E-1 and E-2 NIV ❑ INA §101(a)(15)(E)
❑ 9 FAM 402.9-1 to 402.9
10/10–10/16 ❑ DOS Treaty Countries Site
❑ USCIS E-1
❑ USCIS E-2
Week 8 Module 8: The O ❑ INA §101(a)(15)(O)
and P ❑ INA §101(a)(15)(P)
10/17 –10/23 NIV ❑ USCIS Working in the US, O
Classifica and P sections
tions ❑ 9 FAM 402.14
❑ USCIS Draft Memo Comparable
Evidence
❑ USCIS Draft Memo Requirement
for Petitioning Agents
❑ AAO Decision12/20/2010
❑ 9 FAM 402.13-1 to 402.13-4
❑ 9 FAM 302.14-1 to 402.14-5

Week 9 Module 9: Q, R, I ❑ INA §101(a)(15)(A) and (G)

❑ INA §101(a)(15)(Q), (R) and (I)
10/24 –10/30 Diplomats ❑ USCIS Q Visa Page
❑ USCIS R Visa Page
❑ 9 FAM 402.11
❑ DOS Page on Diplomatic Visas
❑ Matter of Skirball Cultural Center

Week 10 Module 10: Employment- ❑ USCIS Permanent Employment

Based ❑ AFM Ch. 22.1
10/31 –11/6 Immigration and ❑ USCIS EB-1
the EB-1 ❑ USCIS EB-1 Adjudication Memo
Category ❑ Kazarian v. USCIS, 596 F.3d 1115,
C.A.9 (Cal.), 2010
Week 11 Module 11: EB-2: ❑ USCIS EB-2
Professionals with ❑ USCIS Initiatives to promote startup
Advanced enterprises
11/7 –11/13 ❑ DHS Memo Policies Supporting
Degrees or High Skills Business and Workers
Persons with ❑ DOS – Visa Bulletin
Exceptional ❑ 9 FAM 502.4-3
Ability ❑ Matter of Dhanasar, 26 I&N Dec.
884 (AAO 2016)

Week 12 Module 12: EB-3 ❑ Matter of Shah, 17 I&N Dec. 244

(Reg. Comm. 1977)
11/14 –11/20 ❑ 9 FAM 502.4-4
Portability
❑ USCIS EB-3
❑ USCIS 245(k) adjustment
❑ High-Skill NIV Rule
❑ Form I-485J and instructions
Week 13 Module 13: ❑ INA § 212(a)(5)
❑ DOL PERM site
11/21 – 11/27 Labor ❑ Form ETA-9089
Certificatio ❑ East Tenn. State U.
n Schedule ❑ 20 CFR 656.5 Schedule A
A Special ❑ USCIS Schedule A
Handling
**Introduction of Signature
Assignment***
Thank 11/28-12/1
sgiving
Break

Period to 12/2-12/4 Please use this period to begin working

work on on your signature assignment. If you
Signature wish for the Professor to review your
Assignment draft response, you must e-mail it to
Shruti.Bali@sps.cuny.edu.
Week 14 Module 14: EB-4 and EB-5 ❑ 9 FAM 502.4-5
❑ 9 FAM 502.5
12/5 – 12/11 Consular Processing / ❑ USCIS EB-4 Religious Workers
Adjustment of Status ❑ USCIS EB-5 (and links therein)

Week 15 Module 15: Employment ❑ INA §§274A, 274B and 274C

Eligibility, ❑ USCIS M-274 pp.1-26, 31-35
12/12 –12/18 Enforcement ❑ USCIS I-9 Central
and Sanctions
Final 12/19- 12/24 FINAL EXAM & SIGNATURE
Exams ASSIGNMENT DUE
Additional Resources: If you are having technical difficulties with Blackboard, refer
first to the Help folder and the Tools folder in the content area of Bb. If you cannot find
the answer to your issue in either of those folders, contact helpdesk@sps.cuny.edu.
Additional resources directly related to the course can be found in the Additional
Resources folder in Bb.

DISABILITY SERVICES
To learn more about CUNY SPS’s disability services, please visit:
https://sps.cuny.edu/student-services/disability-services

Support Services and Accommodations

It is our goal for students to feel comfortable in discussing how to maximize their
learning, participation and access to the course. If any student has specific
accommodation needs, please contact Christopher Leydon
at disabilityservices@sps.cuny.edu or (646) 664-8616 to discuss these issues.

CUNY SPS POLICY ON ACADEMIC INTEGRITY

https://sps.cuny.edu/about/dean/policies/academic-and-student-policies/academic-
integrity

Definitions and Examples of Academic Dishonesty:

Cheating is the unauthorized use or attempted use of material, information, notes, study
aids, devices or communication during an academic exercise.

Examples of cheating include:

o Copying from another student during an examination or allowing another
to copy your work.
o Unauthorized collaboration on a take home assignment or examination.
o Using notes during a closed book examination.
o Taking an examination for another student, or asking or allowing another
student to take an examination for you.
o Changing a graded exam and returning it for more credit.
o Submitting substantial portions of the same paper to more than one
course without consulting with each instructor.
o Preparing answers or writing notes in a blue book (exam booklet) before
an examination.
o Allowing others to research and write assigned papers or do assigned
projects, including using commercial term paper services.
o Giving assistance to acts of academic misconduct/ dishonesty.
o Fabricating data (in whole or in part).
 o Falsifying data (in whole or in part).
o Submitting someone else's work as your own.
o Unauthorized use during an examination of any electronic devices such
as cell phones, computers or other technologies to retrieve or send
information.
2. Plagiarism is the act of presenting another person's ideas, research or writings as
your own.
Examples of plagiarism include:

o Copying another person's actual words or images without the use of

quotation marks and footnotes attributing the words to their source.
o Presenting another person's ideas or theories in your own words without
acknowledging the source.
o Failing to acknowledge collaborators on homework and laboratory
assignments.
o Internet plagiarism, including submitting downloaded term papers or parts
of term papers, paraphrasing or copying information from the internet
without citing the source, or "cutting & pasting" from various sources
without proper attribution.

3. Obtaining Unfair Advantage is any action taken by a student that gives that
student an unfair advantage in his/her academic work over another student, or an
action taken by a student through which a student attempts to gain an unfair
advantage in his or her academic work over another student. Examples of
obtaining unfair advantage include:
o Stealing, reproducing, circulating or otherwise gaining advance access to
examination materials.
o Depriving other students of access to library materials by stealing,
destroying, defacing, or concealing them.
o Retaining, using or circulating examination materials which clearly
indicate that they should be returned at the end of the exam.
o Intentionally obstructing or interfering with another student's work.

4. Falsification of Records and Official Documents

Examples of falsification include:
o Forging signatures of authorization.
o Falsifying information on an official academic record.
o Falsifying information on an official document such as a grade report,
letter of permission, drop/add form, ID card or other college document.