James A. Bach

James A. Bach

Attorney Profile

Top Rated Immigration Attorney in San Francisco, CA

Law Offices of James A. Bach
 | 100 Bush St Ste 1980, San Francisco, CA 94104
Phone: 415-248-3100
Selected to Super Lawyers: 2015 - 2017
Licensed Since: 1980
Practice Areas:
  • Immigration: Business
Attorney Profile

Our firm represents both corporations and individuals in all aspects of immigration law, and is dedicated to providing the highest level of service and personal attention to each of our clients.  Mr. Bach has been preparing H-1B and labor certification applications continuously since 1980.  He is certified as a Legal Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization, and was one of the first certified specialists when the certification program was started in the late 1980's.  Mr. Bach was a former Chair of the Immigration and Nationality Law Commission of the California State Bar, which writes and grades the California immigration specialty exam, and a former Member of the State Bar Board of Legal Specialization.  He is the sole author of the 2013 publication, "The HR Manager's Guide to Immigration Law" (http://www.amazon.com/HR-Managers-Guide-Immigration-Law/dp/1461074002/ref=sr_1_1?s=books&ie=UTF8&qid=1344261513&sr=1-1&keywords=bach) and co-author of "How To Secure Your H-1B Visa" (http://www.amazon.com/Secure-Your-H-1B-Visa-International/dp/1430247282). He is currently a legal fee Arbitrator for the San Francisco Bar Association and the Moderator of the Ethics Forum of American Immigration Lawyers Association (AILA), where he has been a Member for over three decades. He has given lectures and written articles for other lawyers on immigration law and legal ethics.

The firm provides comprehensive counseling to businesses employing foreign-born professionals, families seeking reunification in the U.S. (including all types of marriage-based petitions and waivers), and complex analysis and solutions in all other areas of immigration and nationality law.  The firm's clients include multinational and local companies in a broad range of industries and sectors including all engineering fields, software development, IT consulting, health care, colleges, architecture, financial services, publishing, manufacturing, construction, food services, and transportation. 

White Papers

  • Optional Practical Training for Science, Technology, Engineering and Math Majors: An Employer's Perspective (2016) - A summary of new OPT STEM regulations, to assist employers in preparing OPT extension applications without an attorney.

  • A Closer Look At Employment-Based Immigration: First Preference EB-1 (2009) - Analysis of priority immigration for managers of multi-national companies and those with extraordinary ability.

  • Labor Certification Strategies (2009) - Focus on labor certification strategies in developing minimum job requirements and evaluating U.S. job applicants

  • What Is An "Affidavit Of Support"? (2007) - Discussion of potential liability that can be incurred when submitting an affidavit of support.

  • A Lie Can Exclude You From the United States Forever (2007) - Focus on the permanent bar for immigrating as a result of a material misrepresentation

  • PERM Changes Labor Certification Procedure (2005) - Overview of labor certification procedures and the role of the labor certification in obtaining permanent residence status.

  • Portability: Can You Change Jobs Without Jeopardizing Your Immigration Status? (2005) - Analysis of the laws permitting "portability", or change of employers, for applicants for nonimmigrant and immigrant visas based on employment.

  • About James Bach

    Admitted 1980, California

    Professional Webpage: www.immilaw.com/Attorney%20Profile.htm

    Honors and Awards:

    • After a long and in-depth research process, it is my great pleasure to inform you that Law Offices of James A. Bach has been named in our 2015 Global Mobility, Immigration and Logistics Awards as: Most Trusted Employment Law Attorney - CaliforniaAs those familiar with our awards will know, identifying and naming our winners is not something we take lightly. This decision, as with every single one of our awards, has been reached only after a rigorous research and judging process that has seen our dedicated and experienced in-house team investigate in great detail, all nominations, all supplied third-party information, your sector, the global business landscape and, of course, your business itself and the great work you have done over the past 12 months. The 2015 Global Mobility, Immigration and Logistics program is focused firmly on the industry leaders who have performed at a consistently high level and delivered, on a daily basis, truly exceptional results over the past year., Most Trusted Employment Law Attorney - California, Global Mobility Immigration and Logistics Awards, 2015
    • Martindale-Hubbell Bar Registers of Preeminent Lawyers

    Special Licenses/Certifications:

    • Certified Specialist in Immigration and Naturalization Law, State Bar of California Board of Legal Specialization

    Bar/Professional Activity:

    • Member, Bay Area Lawyers Network (provided MCLE approved lectures on immigration law to lawyers in other specialties), 2015
    • Forum Moderator, InfoNet forum on advanced issues for immigration attorneys, American Immigration Lawyers Association (AILA), 2014
    • Commissioner, State Bar Board of Legal Specialization, Immigration and Nationality Advisory Commission, 2012
    • Chair, Immigration and Nationality Law Advisory Commission, State Bar of California Board of Legal Specialization, 2011
    • Commissioner, State Bar Board of Legal Specialization, Immigration and Nationality Advisory Commission, 2009
    • Fee Arbitrator, The Bar Association of San Francisco, 2008

    Scholarly Lectures and Writings:

    • Book.  A summary of business immigration law designed for human resources professionals, executives, hiring managers, and other lawyers.  This book describes how to hire and retain the best workers in the world, and to obtain employment authorization for them.  It analyzes working visas, labor certifications, green cards, and other employment-based immigration solutions, and discusses the attorney-client relationship in immigration cases and the attorney's ethical obligations., Author, The HR Manager's Guide to Immigration Law, CreateSpace, an Amazon company, 2013
    • How to Secure Your H‑1B Visa guides employees and employers through the maze of H-1B laws, policies, and procedures. This road map lays out the whole H-1B process from petition to visa to status maintenance to visa extension, including: pitfalls, liabilities, and disasters to avoid; tips and exceptions to leverage for success; administrative and enforcement trends and late-breaking changes; and special conditions that apply to nationals of particular countries, such as India and China. Ancillary chapters cover complementary visas for family members and H-1B substitute visas for professionals with particular skill sets or from particular countries such as Australia and Canada. Topics include: H-1B quotas and exemptions; Requests for Evidence; consular interviews;dual representation by the employer’s lawyer; Labor Condition Application compliance, auditing, and penalties; and termination and benching regulations.                                                                                                                                                                                                                                                              , Lead Author, How to Secure Your H-1B Visa: A Practical Guide for International Professionals and Their US Employers, Apress, 2012
    • Lecture, "Outstanding Researchers and Professors," approved for State Bar of California MCLE credit for specialization in immigration law. This lecture examines the advantages of Priority Worker categories and compares with the advantages of Labor Certification. The speakers, James Bach and Robert Werner, discuss how "extraordinary ability" is defined and how it can be documented in various fields of endeavor. The speakers review the availability of judicial review of agency action, with a focus on Kazarian v. USCIS (9th Cir. 2010) and other court challenges. They outline evidence accepted by the USCIS to establish "outstanding ability" and discuss the waiver of labor certification in the national interest (NIW).  The speakers also discuss a range of issues regarding temporary visas for athletes and actors, and the various eligiblity standards for these categories., Lecturer, Immigration Opportunities for the World's, Center for Continuing Education, 2011
    • The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. In this program the speakers, each certified by the State Bar of California Board of Legal Specialization as a Certified Specialist in Immigration and Nationality Law, examine the key question in H-1B cases: is the H-1 worker being paid the proper wage? Using current case examples, they examine "required wage" for the job, advise how to obtain prevailing wage determinations from the Department of Labor or from Foreign Labor Certification Data Center Online Wage Library, and discuss how the company can establish that the wage offered to the H-1B worker is at least equal to the "actual wage" paid to individuals with similar qualifications and experience in the job. The speakers review the requirements for preparing and filing the Labor Condition Application (LCA), Public Access File ETA 9035CP. They then compare attorney and client liability and the need for the attorney to provide sufficient information to the employer. A review of an actual Audit letter from the Department of Labor helps bring home many of the points discussed throughout the program., Lecturer, Avoiding Liability in H-1B Cases, Center For Continuing Education, 2011
    • MCLE-approved lectures include: "The Immigration Battle in the U.S." (2016); "Texas v. United States: Immigration Politics, Policy, and the Law" (2015); "Visa Options for Investors" (2014); "An Anatomy of an I-9 Audit" (2013); "Immigration Based on Extraordinary Ability" (2011); "Family Immigration Overview" (2009); "The Current State of Social Security No-Match Letters" (2008), "The H-1B Visa: Working Status for Professionals" (2007);"Implied Attorney/Client Relationship and Withdrawal as Attorney" (2006); "Dual Representation of Clients with Potentially Conflicting Interests (2005)", "Immigration Strategies for the Very Rich and the Very Poor" (2004); "Overview of Employment-Based Immigration And PERM Regulations" (2003); "The Homeland Security Act of 2002" (2002); "Remedies for Illegal Immigrants and their Employers" (2001), Bay Area Lawyers Network, Dartmouth Lawyers Association, 2001

    Verdicts and Settlements:

    • In the Matter of MELTWATER NEWS US1, INC.Prevailing party in published precedent decision with nation-wide impact: http://www.oalj.dol.gov/Decisions/ALJ/PWD/2014/In_re_MELTWATER_NEWS_US1_I_2014PWD00005_(JUL_16_2014)_135126_CADEC_SD.PDF Appeal from Department of Labor Prevailing Wage Determination in connection with PERM labor certification, 2014

    Newsletters:

    Educational Background:

    • Dartmouth College, Bachelor's degree in Literature and Creative Writing, 1975
    Office Location for James A. Bach

    100 Bush St Ste 1980
    San Francisco, CA 94104

     

    James A. Bach:

    Last Updated: 2/15/2017

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