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David Whitlock

David WhitlockDave Whitlock has over 25 years experience in business immigration, compliance, employment counseling, and training. In addition, Dave has extensive experience handling employment-related visa work, including both temporary and permanent visa cases, as well as advice regarding compliance with the I-9, discrimination, and document abuse provisions of the Immigration Reform and Control Act of 1986 and litigation arising under that statute. He is a frequent lecturer and presenter on immigration and compliance topics and best practices in employment-related topics.

Practice Areas

  • Immigration & International Employment Law
  • Labor & Employment
  • International

Education

  • J.D., with Honors, University of Iowa College of Law, 1986
  • B.A., English and Government, Hamilton College, 1977

Bar Admissions

  • Georgia

Representative Experience

  • Employment-based nonimmigrant visa petitions, including E-1, E-2, E- 3. H-1, H-2, H-3, L-1, O-1, P-1, R-1, and Treaty NAFTA matters
  • Labor certification, permanent residence petition, and adjustment of status/consular visa processing for employment-based and family- based permanent residence
  • Naturalization and citizenship matters
  • I-9 compliance advice and litigation, including I-9 audits, training, advice regarding best practices, defense of employers in I-9 raids/audits, and litigation
  • Advice regarding E-Verify enrollment, procedure, and electronic I-9/E- Verify software
  • Advice regarding best practices in hiring, motivating, and retaining foreign nationals
  • Assistance in establishing Exchange Visitor (J-1 Visa) Programs and other training programs for foreign workers
  • Advice regarding compliance with ITAR and restricted access requirements
  • Representation of employers accused of Unfair Immigration-Related Employment Practices and other allegations of discrimination in favor of, or against, foreign nationals

Presentations

  • “How the NLRB is Tilting the Playing Field: Update on Labor Law and Don?t Let Your Pay Practices Put You Out of Business,” Tilt-Up Concrete Association, October 3, 2012
  • “Social Media Impacts Employers,” Florida Apartment Association, October 11, 2012
  • “How the NLRB is Tilting the Playing Field: Update on Labor Law,” Concrete Foundation Association, July 27, 2012
  • “Social Media Impacts Employers,” Golden Isles Chamber of Commerce, May 16, 2012
  • “Don’t Hire LUZIRS (Lazy, Uninspired, Zero-interest, Irresponsible, Rude, Slackers),” Cornelia, Georgia Employer Committee, October 19, 2011
  • “Unionization Issues in Restaurants,” Panelist, Dine America, October 10, 2011
  • “E-Verify for Contractors,” Associated General Contractors of America National Conference, October 5, 2011
  • “Don’t Hire LUZIRS,” Associated General Contractors of America National Conference, October 4, 2011
  • “LUZIRS – How to Evaluate, Discipline, and Fire Them”, Tilt-Up Convention 2011 – Strategies, September 30, 2011
  • “Don’t Hire LUZIRS,” Waycross Chamber of Commerce, September 20, 2011
  • “Social Media Issues in the Workplace,” Satilla GA Employer Committee, September 20, 2011
  • “Audit Your HR Practices,” Center for Competitive Management, August 16, 2011
  • “Don’t Hire LUZIRS” and “OOOPS I’ve Got LUZIRS,” Concrete Foundations Association, August 5, 2011
  • “LUZIRS: Discipline and Termination,” Center for Competitive Management, June 23, 2011
  • “How to Conduct I-9 Self-Audits,” Center for Competitive Management, April 21, 2011
  • “ICE Ain’t Cool,” 2011 World Conference, Club Managers Association of America, March 1, 2011
  • “ICE Ain’t Cool,” American Fence Association National Conference, February 8, 2011
  • “Best Practices: Don’t Hire LUZIRS,” The Transformer Association, December 2, 2010
  • “Best Practices in HR,” National Sunroom Association, October 7, 2010
  • “Immigration Compliance,” Worklaw Conference, September 30, 2010 “Compliance/Immigration,” Mercer University Deans Retreat, September 8, 2010
  • “HIRE Act” Webinar, Concrete Contractor, July 21, 2010
  • “Advanced Issues About Workers Misclassification: Independent Contract or Employer” Webinar, AGC of America, May 18, 2010
  • “Professionalism in Family Immigration,” Institute for Continuing Legal Education, April 23, 2010
  • “How to Avoid an ICE Meltdown: Immigration Enforcement & Compliance, ” 2010 World Conference, Club Managers Association of America, February 8, 2010
  • “How to Avoid an ICE Meltdown: Immigration Compliance and Enforcement,” Associated General Contractors of America National Conference, October 29, 2009
  • “Immigration Update” Webinar, Club Managers Association of America, August 5, 2009
  • “Immigration Compliance for the Construction Industry,” Associated General Contractors of America, 26th Annual Construction Labor Law Symposium, April 2009
  • “Professionalism in Business Immigration,” Institute for Continuing Legal Education, December 2008

Publications

  • “Succession Planning for Fence Contractors,” Fencepost, November/December 2012
  • “The Art of Interviewing,” Concrete Contractor, August 2012
  • “6 Tips for Better Interviews,” Concrete Contractor, June/July 2012
  • “Hire Properly; Avoid LUZIRS,” Qualified Remodeler, May 2012 “
  • Do Not Litigate ? Arbitrate,” Concrete Contractor, April/May 2012
  • “Legal Matters,” Contributing Writer, Concrete Contractor
  • “Dude, Are You Positive? Creating a Workplace Drug Testing Policy,” Concrete Contractor; Pavement Maintenance & Reconstruction; Asphalt Contractor, February/March
  • “How to Manage Social Media in the Workplace,” Concrete Contractor , January 12, 2012
  • “Steer Clear of Liability (Cell Phone/Texting Policy),” Concrete Contractor, December 2011
  • “How to Deal with the LUZIRS in Your Company,” Concrete Contractor, October 14, 2011
  • “Don’t Hire LUZIRS,” AAHOA Lodging Business, September 2011 “Best Practices To Avoid Hiring Mistakes,” Restaurant Hospitality, July 25, 2011
  • “Georgia Governor Signs Arizona-Style Immigration Law Affecting Georgia Employers,” SHRM Atlanta, May, 2011
  • “Know How to Hire Right and Avoid Hiring LUZIRS,” Concrete Contractor, April 24, 2011
  • “Labor/Employment Law Compliance Checklist,” Concrete Contractor , April 21, 2011
  • “Maintaining Your Club’s Human Resources,” Premier Club Services’ Legal Newsletter, March, 2011
  • “Effectively Handling Immigration Law Matters,” Chapter Author (New Developments in Immigration Enforcement and Compliance), Thomson Reuters/Aspatore, 2010
  • “Job references: What You Say Can Be Used Against You,” Concrete Contractor, July 1, 2010
  • “What Does the HIRE Act Mean for Your Business?,” Concrete Contractor, May 12, 2010
  • “Is that an Employee Or An Independent Contractor?,” Concrete Contractor, March 13, 2010
  • “Contractor Beware: Dealing with ICE is Never Cool,” Concrete Contractor, January 15, 2010
  • “The Changing Nature of Immigration Enforcement,” Mexican American Business Chamber Newsletter, August 25, 2009
  • “Employer Immigration Compliance: Surviving an I-9 Audit,” Mexican American Business Chamber Newsletter, July 23, 2009
  • “Understanding the Immigration Debate,” Co-Author, Thomson Reuters/Aspatore, 2009

Professional Memberships

  • American Immigration Lawyers Association State Bar of Georgia

Other Professional Accomplishments

  • Named to Georgia Trend magazine’s Legal Elite, 2012
  • Selected for inclusion in Georgia Super Lawyer, Immigration, 2004 Selected by peers for inclusion in Chambers USA: America’s Leading Lawyers for Business, 2006-2007, 2009-2012
  • Who’s Who Legal Georgia, 2007
  • Listed in The Best Lawyers in America┬« since 2009
  • Member, W├Âlters Kluwer Law and Business Labor and Employment Law Editorial Advisory Board, 2009-Present

Contact

Phone: 404-962-6102
Fax: 404-962-6372

Atlanta Office
Suite 800
1170 Peachtree Street, N.E.
Atlanta, GA 30309-7706