CHOCK FULL OF
by Leslie A. Holman
Business Immigration: Law & Practice
by Daryl Buffenstein and Bo Cooper has
become my ���go-to��� business immigration resource. I
say this because unlike prior and other business immigration publications, it contains both the fundamental laws that guide and govern the practice of business
immigration, and the special nuances and unwritten
procedural requirements that we are unfortunately
forced to follow but could not, before this publication,
find memorialized in a single treatise.
For example, I recently struggled with the issue of
marginality in an E-2 Treaty Investor case. For many
years I relied on, among other things, showing that
an investor had access to sources of income other
���Having been one of the peer
reviewers on two chapters of
AILA���s Business Immigration:
Law & Practice treatise, I can
honestly say this is the most
comprehensive book on business
immigration ever to be produced.
For those with a business
immigration practice, it is an
New York Chapter member
than the investment
enterprise and thus
would not need to rely on the income generated by
the enterprise to support the investor to demonstrate
that an enterprise was not marginal. Unfortunately,
while older cases and adjudications have considered
such alternative income sufficient to overcome a negative marginality determination, recent trends have
shown this to no longer be the case. I wanted to document this recent change but I could not put my finger
on where I obtained the information.
I found it in the Buffenstein & Cooper treatise.
Amazingly, it steered me to the January 2010 DOS
Committee Liaison Minutes. The book has many such
nuggets, and I think that its creativity in providing
cites to alternative and non-traditional sources is what
makes it so valuable, comprehensive, and unique.
For what it���s worth, I no longer use an investor���s
alternative income to provide a showing of nonmarginality.
Leslie A. Holman is the founder of Holman Immigration
Law in Burlington, VT, and first vice president of AILA.
���This treatise is the best I have
read with regards to all topics
related to business immigration.
In only a month, I have already
utilized it in analyzing multiple
cases. The citations make the
book even more informative than
most other treatises on the subject
Arizona Chapter member
���Business Immigration: Law &
Practice provides a comprehensive
resource for practitioners looking
for one convenient place to find
the relevant authorities on a wide
range of business immigration