Immigration and Nationality Law Board Certification by the TBLS

For purposes of becoming board certified, the term "Immigration and Nationality Law" is defined as "the practice of law dealing with the Immigration and Nationality Act of 1952, as amended, and all successor and other laws and regulations dealing with immigration and naturalization.

The practice of immigration and nationality law includes:

• administrative proceedings not listed above relating to immigration and nationality law before government agencies of competent jurisdiction;
• all administrative and judicial review of the above; 
• asylum applications;
• bond and custody proceedings;
• citizenship proceedings;
• naturalization proceedings;
• registry proceedings;
• removal proceedings and related applications for relief;
• rescission proceedings;
• original proceedings in immigration matters before judicial courts; and
• all aspects of securing an immigrant or non-immigrant visa or other documentation to enter the United States, including all petitions and applications filed with the U. S. Department of State, the U. S. Department of Labor, the U. S. Department of Justice, the U. S. Department of Homeland Security, and the U. S. Public Health Service.

To become board certified, the attorney must exhibit substantial involvement and special competence in each of the following immigration and nationality law matters participated in within the 3 years immediately preceding application;

1. Administrative Hearings - Representation of clients in at least 9 contested hearings before immigration judges involving removal or bond determination, with no more than 3 having involved only bond matters.
2. Petitions and Applications. Representation of clients before the U.S. Department of Homeland Security and/or the U.S. Department of State in the preparation and filing of petitions and applications. A minimum of 10 petitions or applications must have been filed, at least 3 of which must have been employment based petitions. 
3. Citizenship/Naturalization. Representation of clients before the U.S. Department of Homeland Security, U.S. Department of State, and/or judicial courts in citizenship, naturalization, and/or renunciation or revocation matters.

In addition to meeting the above requirements, the attorney must meet two of the following categories within the 3 years immediately preceding application.

1. Alien Labor Certifications. Representation of employers and/or aliens before the various state employment services, U.S. Department of Labor, and U.S. Department of Homeland Security in preparation and filing of alien labor certification cases.
2. Administrative Appeals and Advisory Opinions. Representation of clients in appeals and/or proceedings before the Board of Immigration Appeals, Administrative Appeals Office, Board of Alien Labor Certification Appeals, the U.S. Department of State Advisory Opinions office, or other administrative appellate entities with competent jurisdiction over matters related to immigration and nationality law.
3. Review in Judicial Courts. Representation of clients in judicial matters relating to immigration and nationality law such as applications for writs of habeas corpus, mandamus, declaratory judgments, criminal matters involving the immigration law, petitions for review in judicial courts, and ancillary proceedings in judicial courts.
4. Employer Sanctions. Representation of clients in administrative proceedings relating to employer sanction, employment discrimination, and/or document fraud matters under the Immigration Nationality Act.
5. Deferred Inspections, Expedited Removal, Humanitarian Parole, Documentary Waiver Requests, Deferred Action Requests, Private Bills, I-9 and LCA related Audits and Proceedings, Immigration Related Database Corrections, or other administrative proceedings not listed relating to immigration and nationality matters before governmental agencies of competent jurisdiction.