Phone: 215-825-8647 Email: efialkowski@klaskolaw.com

Elise Fialkowski has practiced immigration law for over fifteen years and she handles all aspects of employment based immigration. Her clients run the gamut from multinational corporations and their employees to universities and private individuals. In addition to employment-based immigration work, Elise has particular experience in worksite enforcement and she leads our worksite compliance group. Elise regularly counsels clients regarding I-9 compliance, E-Verify and H-1B Labor Condition Application (LCA) compliance. Prior to joining the Firm, Ms. Fialkowski's practice also included advising employers in traditional employment and labor law matters, including litigation as well as advice regarding proactive action to avoid and minimize claims. With her immigration clients, she has provided counseling, training and policy development services to employers in a diversity of industries including, for example, pharmaceutical, university, food and beverage, manufacturing, healthcare and continuing care retirement communities.

Her practice focuses on:

• The representation of multinational and domestic corporations, their employees and private individuals in business immigration matters before U.S. Citizenship and Immigration Services, the U.S. Department of Labor, and at U.S. Consulates;
• Assisting individuals of extraordinary ability, academic researchers, professors, international medical graduates and physicians, as well as individuals whose immigration is in the national interest in obtaining immigration benefits.
• Advice to employers regarding the Immigration Reform and Control Act including I-9 employment eligibility verification and worksite enforcement issues;
• Development of proactive compliance programs and immigration policies;
• Assistance with internal audits and training to ensure I-9, H-1B LCA, E-Verify and Social Security no-match compliance;
• Representation of companies facing I-9 and H-1B LCA audits and investigations;
• Matters involving: Adjustment of Status, Exchange Visitors, Treaty Trader and Investors, Immigrant Visas, Temporary Work Visas and Naturalization; and
• Representation of universities and research centers as well as students and faculty.

Elise has long been active in the American Immigration Lawyers Association (AILA) and she currently serves on the Executive Committee of the Philadelphia Chapter and the Philadelphia USCIS Liaison Committee. She has served on many other committees at the local and national level, including for example the E-Verify Liaison Committee.

A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, (B.A.1987), she received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991).

Publications and Presentations:

• Immigration Options for Students and Scholars, Drexel University, Philadelphia Pennsylvania (November 2012)
• Developments in Employment Based Immigration and Worksite Compliance, Chester County Bar Association Immigration CLE, West Chester, Pennsylvania (October 2012)
• Texas Service Center/Nebraska Service Center Business Representatives Conference, AILA TSC Committee (September 2012)
• Pa. Mandates E-Verify for State Public Works Contractors, The Legal Intelligencer (September 2012)
• Immigration Options for the “Best and the Brightest,” Including O-1 Extraordinary Ability Alien Temporary Visas, the EB-1A AND EB-1B Immigrant Categories, and the National Interest Waiver Program, Pennsylvania Bar Institute’s Immigration Forum (September 2012)
• U.S. Immigration Options for Students, Scholars, Entrepreneurs and Investors, Lehigh University Global Village for Future Leaders of Business and Industry, Lehigh, Pennsylvania (July 2012)
• Form I-864, Affidavit of Support: Practical Guidance Regarding Demonstrating ‘Ability to Support’ and Update regarding I-864 Enforcement, AILA Annual Conference, Nashville, TN (June 2012)
• Administrative Agency Investigations--Department of Labor and USCIS Fraud Detection and National Security, AILA Philadelphia Chapter 2012 CLE (March 2012)
• Form I-864, Affidavit of Support: Practical Guidance Regarding Demonstrating ‘Ability to Support’ and Update regarding I-864 Enforcement, AILA Annual Immigration Handbook (March, 2012)
• Immigration Options for Students and Scholars, Drexel University, Philadelphia Pennsylvania (February 2012)
• Site Visits, Audits and Inspections, 10th Annual Washington International Education Conference, Washington, DC (January 2012)
• Worksite Enforcement and Immigration Law Update—E-Verify, I-9 Audits, Social Security No-Match and Increased Enforcement, Employment Law Beyond the Basics Conference (Sterling Education, Wilmington, Delaware) (December 2011)
• The Government is Watching – Site Visits, Audits, and Inspections, NAFSA Region VIII Conference, Philadelphia, Pennsylvania, (November 2011)
• Visa Options After OPT, Princeton University, Princeton, New Jersey (October 2011)
• Comprehensive I-9 Question and Answer Session, National Webinar, LawLogix (September 2011)
• Denver Nuggets of Gold: Where Taxation and Immigration Meet, AILA Fall Conference, Denver, Colorado (September 2011)
• Back to the Basics: An Introductory Guide to the Form I-9, National Webinar, LawLogix (August 2011)
• I-9 Audits on the Rise - Discrimination Actions by Office of Special Counsel Increase as ICE Pursues Aggressive I-9 Audit Program, Pallet Central Magazine, National Wooden Pallet and Container Association (NWPCA) (July/August edition 2011)
• Immigration Law for Labor Lawyers: The Government Turns Up the Heat, Increased Enforcement by Federal Agencies including ICE, DHS, OSC and DOL, Pennsylvania Bar Institute Conference, Philadelphia PA and broadcast live throughout Pennsylvania (July 2011)
• U.S. Immigration Options for Students, Scholars, Entrepreneurs and Investors, Lehigh University Global Village for Future Leaders of Business and Industry, Lehigh, Pennsylvania (July 2011)
• Texas Service Center/Nebraska Service Center Business Representatives Conference, AILA TSC Committee (July 2011)
• Discrimination Actions Increase as ICE Pursues I-9 Audit Program, The Legal Intelligencer (May 31, 2011)
• Employers Under Siege: I-9 Audits, FDNS Investigations and Increased Discrimination Claims – Strategies to Protect Your Company, Delaware Valley Chapter of the Association for Corporate Counsel Seminar (May 2011)
• AILA Representative- Meeting with U.S. Federal Trade Commission, United States Citizenship and Immigration Services, the U.S. Attorney’s office, State and Local Law Enforcement Regarding Unauthorized Practice of Immigration Law (UPIL) and Notario Fraud, Philadelphia, Pennsylvania (February 2011)
• Immigration Options in the Arts: Extraordinary Ability, Artists and Entertainers and National Interest Waivers, Drexel University of the Arts Masters Program (February 10, 2011)
• Dealing with the Neufeld Memo Regarding H-1Bs - One Year Later, National AILA Webinar (January 6, 2011)
• Increased Immigration & Worksite Enforcement: Strategies and Solutions to Weather the Perfect Storm, Webinar (December 15, 2010)
• E-Verify: What is it all about?, NAFSA Region X  Conference, New Brunswick, New Jersey (November 9, 2010)
• Crazy RFEs in the H and L Immigration Categories, Minnesota State Bar Association Immigration Law Webinar (November 4, 2010)
• Extraordinary Ability, Outstanding Researchers and National Interest Waivers, PBI Immigration Law Forum 2010 (September 24, 2010)
• PA, NJ Move Forward With E-Verify; Feds Step Up Enforcement, The Legal Intelligencer (July 30, 2010)
• U.S. Immigration Options for Students, Scholars, Entrepreneurs and Investors, Lehigh University Global Village for Future Heads of Business and Industry (July 2010)
• Doing the Math - Reading Business and Financial Documents, American Immigration Lawyers Association Annual Conference, Washington, DC (June 2010)
• E-Verify For Colleges and Universities, NAFSA Region X, New Jersey and Downstate New York meeting (June 2010)
• Self-Auditing – No Sweat, National Webinar discussing current trends in worksite enforcement including increased audits of I-9 by ICE as well as data-mining of E-Verify and increased government access to I-9 records and related information (May 2010)
• The Administration’s New Work Site Enforcement Initiatives: Focus on Employer Compliance Will Increase Audits and Investigations, Business Law Today (January/February 2010)
• E-Verify: Compliance for College and University Federal Contractors, National Association of College and University Attorneys (NACUA) (January 2010)
• The Administration’s New Worksite Enforcement Initiatives: Focus on Employer Compliance Will Increase Audits and Investigations, Business Law Today, American Bar Association (Vol. 19, Number 3, January/February 2010)
• Immigration Compliance Vital to Avoid Fines, Criminal Sanctions, Nation’s Restaurant News (December 2009)
• E-Verify Federal Contractor Rule Now in Effect – Full Compliance is Essential to Avoid Potential Liability and Discrimination Claims, The Legal Intelligencer (November 2009)
• Immigration Audits, Investigations & Raids: Are You Prepared? (NAFSA Region VIII Conference, Washington, DC, November 12, 2009)
• The New Age of Worksite Enforcement (PBI, Business Lawyers Institute, November 5, 2009, article and presentation)
• Business Visas, Non-immigrants and H-1Bs: Employment Based Visa Options for Foreign Nationals (Fall 2009 Philadelphia Regional Immigration Conference, Chester County Bar Association, October 2009)
• U.S. Immigration Options for Students, Scholars, Entrepreneurs and Investors, Lehigh University Global Village for Future Leaders of Business and Industry (July 2009)
• Current Issues in Labor Condition Application Compliance, Alliance of Business Immigration Lawyers (ABIL) (July 2009)
• Playing Defense: Counseling Corporate Clients on Immigration Compliance” (American Immigration Lawyers Association National Conference, June 2009)
• Employment Based Immigration 2009: New Compliance Issues and Corporate Strategies for In-House Counsel (Delaware Valley Chapter of the Association of Corporate Counsel; June 2009)
• New Worksite Enforcement Initiatives Likely to Result in Increased I-9 and H-1B Audits and Investigations, The Legal Intelligencer (June 2009)
• Immigration Compliance in the New Age of Worksite Enforcement (April 2009)
• E-Verify and I-9 Compliance for Colleges and Universities, NACUA (National virtual seminar, December 2008)
• Hot Topics in Immigration—Worksite Enforcement, E-Verify, Employer Policies and Best Practices, PBI (September 2008)
• Immigration Options for Students and Scholars, LaSalle University (September 2008)
• The ICE-Man Cometh Again - Avoiding Criminal Immigration Charges, The Legal Intelligencer (August 21, 2008)
• Immigration Enforcement Goes Criminal, Sterling Education (August 2008)
• "Immigration Update: Criminal Sanctions and State Law Regulation of the Employment of Unauthorized Workers" PBI (August 2008)
• U.S. Immigration Options for Students, Scholars, Entrepreneurs and Investors, Lehigh University Global Village for Future Leaders of Business and Industry (July 2008)
• Options for the Entrepreneur - E-2, L-1 & EB-5 Visas (ILW.com Teleconference Series Seminar; May 2008)
• Immigration Compliance Goes Local and Criminal (14th Annual Northeast Regional Employment Law Institute; April 2008)
• Recent Developments in Employment-Based Immigration for Corporate Counsel (Delaware Valley Chapter of the Association of Corporate Counsel; March 2008)
• Is Pennsylvania Next to Require Verification Through E-Verify, The Legal Intelligencer (January 2008)
• Follow the Money - Ability to Pay Issues for Immigrant and Nonimmigrant Petitions (AILA, New York Symposium; December 2007)
• The Nuts and Bolts of Employment Based Immigration (AILA 2007)
• Global Employees - Visa Options for Foreign Nationals (2005)
• How to Protect & Defend Against Claims of Discrimination (SHRM 2005), (Lorman Education 2006)
• Guest lecturer at the St. Joseph’s University, Comey Institute of Industrial Relations teaching various issues relating to immigration law
• Chapter Author, International Labor and Employment Laws BNA Books. (First Edition 1997, as well as Second Edition and Treatise Supplements through 2006)
• Co-author, Hiring Foreign Workers, Network Magazine (1999)