Virginia, US

Jay is an immigration attorney in Fragomen’s Atlanta office. Jay’s practice entails over 20 years of successfully partnering with international and domestic business clients in the development and management of innovative, cost-effective and compliant immigration strategies and programs for foreign national employees. Jay has represented employers from Fortune 50 to start-up companies before the U.S. Citizenship & Immigration Services (USCIS), Department of Labor (DOL) and Department of State (DOS) in connection with a broad array of applications and petitions for nonimmigrant and immigrant work visas and permanent resident status. Jay has extensive experience developing H-2B visa strategies for seasonal and peak-load employers in the hospitality, landscaping and construction industries, and representing H-1B and H-2B employers before the DOL’s Wage and Hour Division.

Jay has extensive experience with O-1 and O-2 visas for entertainment employers and agents, as well as outstanding researchers and professors. He advises employers on immigration compliance and solutions and strategies related to corporate restructures, mergers, acquisitions, spin-offs and downsizing.

Jay is a frequent author and speaker on a variety of immigration topics, including H-2B visa regulatory changes and compliance; innovative visa options and strategies; immigration consequences of corporate restructuring; successful partnering with clients; and ethics. He is a frequent speaker at the American Immigration Lawyers Association’s annual conference and, on occasion, co-authors the organization’s comments to DOL/USCIS proposed rulemaking affecting the H-2B visa program.

Jay has provided a variety of pro bono assistance, including contributing to Kids In Need of Defense (KIND).

Education


Louisiana State University, Paul M. Hebert School of Law | J.D., 1992
Indiana University | B.A., 1989

Awards

Listed in Best Lawyers in America, 2014 to 2018

Listed in Chambers USA, 2006 to 2017

Listed in International Who’s Who of Corporate Immigration Attorneys, 2010, 2012 to 2014

Professional Accomplishments / Memberships

Bar Admissions: Georgia

Court Admissions: U.S. District Court - East District of Louisiana; U.S. Supreme Court

Member, American Immigration Lawyers Association (AILA)

Former Vice Chair, Secretary and Treasurer of AILA Louisiana/MidSouth Chapter

Represented U.S. and international business clients on a broad spectrum of U.S. immigration matters including temporary and permanent work visa solutions, immigration-related corporate compliance, and due diligence for mergers and acquisitions.

Provided immigration solutions and strategies to clients across many industries including entertainment and motion pictures, construction, hospitality, healthcare, biomedical, technology, petroleum and energy, higher education and financial services and banking.

Assisted with high volume and complex H-2B temporary/seasonal worker visas and attendant DOL Wage Hour compliance/audits and Fair Labor Standard Act (FLSA) guidance.

Assisted with high volume Blanket L-1 intracompany transfers, H-1B professional visas, O-1 extraordinary ability, H-3 trainee, B-1 OCS, and PERM labor certifications.

Provided guidance and assistance to clients on a range of immigration compliance matters including ICE Form I-9 audits and investigations; DOJ OSC investigations related to terminations of foreign nationals and/or document abuse; DOL Wage Hour investigations for H-1B and H-2B employers; and merger and acquisition compliance related to work visas, pending permanent resident applications and form I-9s.

Publications and Lectures

Presenter, “Business Immigration Hot Topics: Best Practices and Current Trends.” Association of Corporate Counsel Deep Dive Luncheon, Dunwoody, Georgia, November 17, 2017.

Speaker, “H-2B Advanced Issues One Year Later: Can You Get the Beneficiary(s) to Work on Time?” Panel presentation, AILA Annual Conference, New Orleans, Louisiana, June 24, 2017.

Speaker, “New Office L-1s.” Panel presentation, AILA Georgia-Alabama Chapter Annual Conference, Atlanta, Georgia, February 24, 2017.

Author, “United States immigration options for employing lower-skilled foreign workers.” Newsletter of the IBA Legal Practice Division, International Bar Association, Vol. 26, No. 2 (September 2016): n.pag. Web.

Panelist/Speaker, “To H-1B or Not to H-1B: Alternatives When the H-1B Cap is Met.” Panel discussion, American Immigration Lawyers Association Georgia-Alabama Chapter 3rd Annual Conference, Atlanta, GA, February 19, 2016.

Author, “Corporate/Business Immigration.” In Successful Partnering Between Inside and Outside Counsel, edited by Robert L. Haig, Chapter 71A. Egan, Minnesota: Thomson Reuters, 2011-2016 editions. Print.

Author, Immigration Guide for Indiana Employers. Indianapolis, IN: Indiana Chamber, 2003-2016 editions. Print.

Author, “Department of Labor’s New H-2B Rule Hurts Employers Needing Seasonal/Temporary Nonagricultural Labor.” Lexis Nexis Emerging Issues Analysis, April 2012: n.pag. Web.

Author, “11th Circuit: H-2 Employer Not Entitled to FLSA Wage Credits for Worker Housing Costs.” SHRM, November 22, 2011: n.pag. Web.

Author, “U.S. Supreme Court’s Landmark Decision in Chamber of Commerce.” Bloomburg BNA Workplace Report, July 2011: n.pag. Web.

Discussion Leader, “H-2A/H-2B Visas: Orienteering the Maze of a New Regulation.” Panel discussion, American Immigration Lawyers Association 2011 Annual Conference, San Diego, CA, June 16, 2011.

Author, “What Georgia’s Illegal Immigration Reform and Enforcement Act of 2011 Might Mean to Your Business.” Business to Business Magazine, June 2011. Print.

Speaker, “The Immigration Compliance Dragnet.” Lecture, Society of Human Resources Management New Orleans Chapter Monthly Meeting, New Orleans, LA, February 16, 2011.

Speaker, “Immigration Law Compliance—What Employers Should Know.” Radio broadcast, Laymen’s Lawyer Radio Show. Atlanta, GA: AM 790, November 19, 2010.

Speaker, “Immigration Law Compliance—What Employers Should Know.” Lecture, ISSA National Conference, Orlando, FL, November 8, 2010.

Speaker, “Where Employment and Immigration Laws Collide.” Lecture, Association of Corporate Counsel Austin Chapter Meeting, Austin, TX, October 19, 2010.

Author, “Tips for Hotel & Hospitality Employers of Seasonal H-2B Employees: The New H-2B Rules, Procedures and Pitfalls.” American Hotel and Lodging Association, August 2010: n.pag. Web.

Speaker, “H-2Bs: New Developments.” Panel discussion, American Immigration Lawyers Association 2010 Annual Conference, National Harbor, MD, July 2, 2010.

Speaker, “DOL’s Plan, Prevent & Protect Initiative for H-2B Employers.” Webinar, American Hotel & Lodging Association, July 2010.

Author, “$18 Million Mohawk Settlement—RICO Suits & Immigration Liability.” Business to Business Magazine, June 2010. Print.

Speaker, “Immigration Law Compliance—What Construction Employers Need to Know.” Lecture, Carolinas AGC Annual Conference, Myrtle Beach, SC, March 2010.

Author, “Employment and Immigration Law Compliance in a Heightened Enforcement Regime.” Inside the Minds, Thomson Reuters/Aspatore, 2010. Print.

Author, “A New Immigration Enforcement Regime.” Executive Counsel Magazine, May 2010. Print.

Panelist, “H-2Bs: New Developments and How to Deal With Them.” Audio conference, American Immigration Lawyers Association Audio Conference, April 2009.

Author, “Getting Compliant in a Brave New World: H-2B Temporary Work Visas for Foreign Construction Workers.” Construction Accounting & Taxation Magazine, May 2009: pages 15-26. Print.

Speaker, “H-2B Visas for Construction Employers.” Lecture, National Association of Construction Boilermaker Employers Annual Conference, Marco Island, FL, March 4, 2008.

Author, “Importing a Legal Workforce: H-2B Temporary Work Visas for Foreign Construction Workers.” Construction Accounting & Taxation Magazine, January 2007: pages 5-14. Print.

Author, “Hiring and Managing Foreign Employees: What Construction Companies Must Know in 2006”, Build Houston Magazine, October 2006: pages 17-22. Print.

Speaker, “H-2B Temporary Visas for Seasonal Workers.” Panel discussion, American Immigration Lawyers Association 2006 Annual Conference, San Antonio, TX, June 22, 2006.

Speaker, “Hiring and Managing Foreign Employees: Hot Topics in Immigration.” Lecture, Indiana Chamber of Commerce 41st Annual Human Resource Conference & Expo, Indianapolis, IN, June 8, 2005.

Speaker, “Immigration for the Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers.” Audio webinar, ILW.com Audio Webinar, August 27, 2003.

Author, “Hiring Foreign Employees: Rules of the Game Have Changed.” Indiana Chamber of Commerce Business Alert, May/June 2003: pages 48 and 56. Print.