1. You have two (2) hours and fifteen (15) minutes to complete this exam.
2. This is an open book exam. You may refer to any written materials you wish.
3. This exam is worth 100% (100 points) of your final grade. The exam consists of one fact pattern with three (3) essay questions:
4. Please answer these questions in the blue books provided to you. Write only on the right hand side of the page (skipping a page each time) and double-space your work. Please write legibly.
5. Write your exam number on your exam envelope. Put student exam # at the top of this page, each page of questions, and each blue book. Do not use your name, student ID number, Social Security Number, or in any other way identify yourself on any exam materials.
6. At the conclusion of the exam, return all exam materials to the exam envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.
GOOD LUCK!
ESSAY QUESTIONS
FACT SITUATION
As the lead attorney in the immigration department of the San Francisco law firm of Greene & Cardoni you arrive at your office at 8:00 am on May 10, 2004 and receive another e-mail from Bob Knowzall, Human Resources Manager of Clonewell, Inc. As you know from your previous contact with Knowzall, Clonewell, Inc., recently acquired a small start-up in Canada, Ident, Ltd., which has successfully cloned a Mad Cow Disease resistant cow. Mr. Knowzall explains that Clonewell, Inc. has had a change in plans and now wants to put off the launch of its major new project in the United States and keep the project in Canada for the next 12 months. However, the project will eventually be based in the United States and he wants to start the process to bring three key employees to the United States permanently after the project winds down in Canada (they are the same 3 employees you discussed with him in March and, with the exception of Lief Maple, you have not yet filed their nonimmigrant visa applications). In addition, he would like to make sure that during the next 12 months each of them can come to the United States periodically to work at the United States facility and/or to attend meetings. He would like to know the best possible options available to accomplish the company’s immigration goals cost effectively and as quickly as possible. You once again remind Knowzall that the H-1B cap has been reached.
Question 1 (50 points)
CANDIDATE #1: CHIEF SCIENTIST
As you know, Ian Smith is a British citizen and well-known researcher. He has a Ph.D. in Molecular Biology from Oxford University, has worked for Ident, Ltd. for 12 months. He will continue to be responsible for leading the Canadian project as well as planning for the eventual transition of the project to the United States. Mr. Knowzall informs you that since you last spoke, Dr. Smith has been on the cover of several scientific journals as well as the Bovine Bulletin. It now appears that his achievements in developing mad cow resistant cattle have put him on the short list for several major scientific awards including the prestigious Elsie Prize in recognition of his significant contribution to the cattle industry. You have also confirmed that before joining Ident, Ltd. in Canada, Dr. Smith worked for a biotech firm in the United States on an H-1B visa from May of 2002 through May of 2003.
Your task: Please provide Mr. Knowzall with an overview of the prospects for meeting the company’s goals for both temporary status and permanent residence for Dr. Smith in the US, indicating what strategy or strategies you recommend. Your response may be in narrative or outline format, or a combination thereof. Please also indicate what further information and documents you will require in order to proceed with the strategy. Please be sure to identify any problems or issues that might arise. In this regard, please state any assumptions that you are making in order to develop your strategy and/or to identify problems or issues.
Question 2 (25 points)
CANDIDATE #2: BIOINFORMATICS ENGINEER
The second candidate, Lief Maple, a Canadian citizen, entered the United States in March in TN status as a Bioinformatics Engineer responsible for designing and developing the software necessary to track the huge amount of genetic data involved in the project for Clonewell. Clonewell now wants him to return to Canada and serve as lead engineer on the Mad Cow project for the next 12 months after which Clonewell wishes to employ him permanently in the United States. The new Canadian position will involve a significant increase in his responsibilities and will require him to oversee the entire engineering staff as well as the bioengineering project. As you recall, Mr. Maple joined Ident, Ltd. three years ago in the position of Software Engineer. He holds a Masters Degree in Computer Engineering and has ten years experience in Bioinformatics research and development. You immediately request a detailed job description of the new Canadian position.
Your task: Same task as #1, but for Mr. Maple.
Question 3 (25 points)
CANDIDATE #3: TECHNICAL SUPPORT SPECIALIST
Ms. Susan Kim, a Korean national, who currently holds the position of Technical Support Specialist at Ident Ltd., will also remain in Canada for the next 12 months. As you know, Ms. Kim joined Ident, Ltd. only 14 months ago and has already gained extensive technical experience in the animal cloning processes. Because of her extensive and detailed knowledge of the technology used by Indent, Ltd., Clonewell, Inc. would like Ms. Kim to travel freely between Canada and the United States and work in both countries over the next 12 months. Once the Canadian project winds down, Clonewell would like her to come to the United States permanently to work at Clonewell, Inc.’s United States facility. Mr. Knowzall reminds you that Ms. Kim does not have a degree, although he thinks that she does have at least 2 years of college and well over 10 years of experience in cloning technology.
Your task: Same task as #1, but for Ms. Kim.
END OF EXAM