HomeMy WebLinkAbout14 Permanent Residency for Ian Fitzgerald Agenda Item # Iq
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To: Board of Directors
From: Peter Holzmeister
Date: August 15, 2003
Subject: Visa petition for permanent residency for [an Fitzgerald
Why this mater is before the board:
This matter involves paying the cost to acquire a visa from the INS permitting Ian
Fitzgerald to work in the U.S. This is an unusual matter that I feel the board should be
involved in.
History:
Ian is a citizen of Canada. He was employed by the District in 2001 and obtained the
necessary TN visa under the terms of NAFTA. This is a temporary visa which now has
expired. That visa was converted to a H1 B visa which expires in May of 2004. Ian
needs to secure permanent residency to continue to work for us.
New Information:
Ian has retained the services of a law firm that specializes in immigration visas and has
applied for permanent resident status under the classification of an alien worker with
extraordinary ability. However, to process this application will require an expenditure of
approximately$12,000.
Ian has asked to District to help with this cost, in return for which he will agree to remain
employed by the District until January 1, 2010 at a minimum. He has agreed that if he
leaves sooner than January 1, 2010 he will reimburse the District on a sliding scale.
Attached for your review are two agreements. One agreement is a fee agreement
among the law firm of Jeffrey J. Chang, Ian Fitzgerald and Truckee Donner PUD. The
other agreement is between Ian and the District under the terms of which he remains
employed by the District or reimburses fees.
Recommendation:
I recommend that the board approve the Attorney-Client Fee Agreement and the
agreement between Ian Fitzgerald and the District.
i
JEFFREY J. CHANG & ASSOCIATES
Attorneys at Law
433 California Street, Suite 810
San Francisco, California 94104
Tel: (415) 788-8811
Fax: (415) 399-9781
ATTORNEY-CLIENT FEE AGREEMENT
This fee agreement("Agreement") is between Jeffrey J. Chang & Associates ("Attorney")
and Ian Michael Fitzgerald and Truckee Donner Public Utility District (collectively, "Client")
to provide legal services on the terms set forth below:
1. CONDITIONS. This Agreement will not take effect, and Attorney will have no
obligation to provide legal services, until Client returns a signed copy of this
Agreement and pays the initial deposit under Paragraph 4.
2. SCOPE OF SERVICES. Client hires Attorney to provide legal services in the following
matters:
a) I-140: Immigrant Petition for Alien Worker (Extraordinary Ability
Classification,EB-I) (Mr. Ian M. Fitzgerald)
b) 1-485: Application for Adjustment of Status (Mr. Ian M. Fitzgerald)
c) 1-485: Application for Adjustment of Status (Derivative Beneficiary) (Ms.
Sarah Xala Fitzgerald)
d) I-765: Application for Employment Authorization (if applicable)
e) I-131: Application for Travel Document(if applicable)
Attorney will provide those legal services reasonably required to represent Client.
Attorney will take reasonable steps to keep Client informed of the progress and to
respond to Client's inquiries.
3. CLIENT's DUTIES. Client agrees to pay all fees, costs, and expenses arising out of the
matters referred to in Paragraph 2. Attorney shall not be obligated to pay or advance
any such fees, costs, or expenses, and may at his sole option: (1) require Client to
advance payment for any such fees, costs, and expenses; or(2) arrange to have those
costs directly billed to Client. Notwithstanding this provision, Attorney may, at his
option, advance such costs as he deems appropriate and obtain reimbursement from
Client. The fact that Attorney elects to advance any particular item of cost of behalf
of Client shall not be deemed to create an obligation to advance the same or similar
items of cost at any future time.
Client agrees to be truthful with Attorney, to cooperate, to keep Attorney informed of
any information or developments which may come to Client's attention, to abide by
this Agreement, to pay Attorney's bills on time and to keep Attorney advised of
Client's address, telephone number and whereabouts. Client will assist Attorney in
providing necessary information and documents and will appear when necessary at
legal proceedings.
Retainer Agreement Page i of 4
4. DEPOSIT. Client agrees to pay Attorney an initial deposit of$6,000,00. The initial
deposit will be used to pay in part, for the legal fees and costs of the services listed
above in Item 2. Client agrees to pay any and all deposits after the initial deposit
within ten (10) days of Attorney's notice.
5. LEGAL FEES. Client agrees to pay the rate for all time spent on Client's matter by
Attorney's legal personnel. The current estimated fees and costs breakdown:
Pa went Schedule
Process Fees & Costs*
Commencement of Representation for $6,000 + Costs
I-140: Immigrant Petition for Alien
Worker (EB-I Classification)
Approval of Immigrant Petition $2,000 + Costs
I-485: Adjustment of Status (Mr. Ian M. $2,000 + Costs
Fitzgerald and Ms. Sarah X. Fitzgerald)
I-765: Application for Employment
Authorization (If applicable)
I-131: Application for Travel Documents
(If applicable)
Additional Process (if applicable) Fees & Costs*
Response to Requests for Additional $200/Hour+ Costs
Evidence (if and when necessary)
Extensions of work authorization, $350 per application +Costs
additional advance parole applications. (if
and when necessary)
* Fees = Attorney's Fees
Costs = Government filing fees, photocopying, mailing, express carriers and general
administrative costs. Also includes,advertising costs (if applicable) and academic and/or
experience evaluations (if applicable).
Current BCIS filin fees (as of An ust 2003)
A lication Cost
I-140 (Immigrant Petition for Alien Worker) $135 (per Service
Center)
I-485 (Adjustment of Status) [must include fingerprinting fee] $255 +$50 (Finger
printing fee)
(Der a plicant)
I-765 (Application for Work Authorization) $120
I-131 {A lication for Travel Document) $110
Fee Agreement
Page 2 of 4
............................
The above rates are subject to change on 30 days written notice to Client. If Client
declines to pay any increased rates, Attorney will have the right to withdraw as
Attorney for Client. Immigration work is charged primarily by flat rate for
Attorney's Fees (as opposed to hourly charges). The total Attorney's Fees for the
services listed in Item 2 will be $10,000 notwithstanding Costs (as stated above)
6. PAYMENT SCHEDULE. Client hereby agrees to pay all legal fees in the schedule set
up as follows:
- At Commencement of Representation $6,000.00
- At Filing of Immigrant Petition Costs Incurred
- At Approval of Immigrant Petition $2,000.00 + Costs
- At Filing of Adjustment of Status $2,000.00 + Costs
7. DISCHARGE AND WITHDRAWAL. Client may discharge Attorney at any time.
Attorney may withdraw with Client's consent or for good cause. Good cause
includes Client's breach of this Agreement, refusal to cooperate or to follow
Attorney's advice on a material matter, or any fact or circumstance that would render
Attorney's continuing representation unlawful or unethical. When Attorney's
services conclude, all unpaid charges will immediately become due and payable.
After services conclude, Attorney will, upon client's request, deliver Client's file and
property in Attorney's possession.
S. NO GUARANTEE OF SUCCESS. Nothing in this Agreement and nothing in Attorney's
statements to Client will be construed as a promise or guarantee about the outcome of
the matter. Attorney makes no such promise or guarantees. Attorneys comments
about the outcome of the matter are expressions of opinion only.
9. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties.
No other agreement, statement, or promise made on or before the effective date of
this Agreement will be binding on the parties.
10. SEVERABILITY. If any provision of this Agreement is held in whole or in part to be
unenforceable for any reason, the remainder of that provision and of the entire
Agreement will be severable and remain in effect.
11. MODIFICATION. This Agreement may be modified by subsequent Agreement of the
parties only in a writing signed by both of them, or an oral agreement to the extent the
parties carry it out.
12. EFFECTIVE DATE. This Agreement will govern all legal services performed by
Attorney on behalf of Client commencing with the date Attorney first performed
services. The date at the beginning of this Agreement is for reference only. Even if
this Agreement does not take effect, Client shall be obligated to pay Attorney the
reasonable value of any services Attorney may have performed for Client.
Fee Agreement
Page 3 of 4
.........................
THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE
TO THEM AS OF THE DATE ATTORNEY FIRST PROVIDED SERVICES. IF MORE THAN
ONE CLIENT SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND
SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. CLIENT
ACKNOWLEDGES RECEIVING A FULLY EXECUTED DUPLICATE OF THIS
AGREEMENT.
Dated:
Client: Ian Michael Fitzgerald
Dated:
Client: Peter Holzmeister,
General Manager
Truckee Donner P.U.D.
Address: C/O Truckee Donner Public Utility
District
11570 Donner Pass Road
Truckee, CA 96161
Phone: (530)582-3952 (Work)
(530)587-1189 (Fax)
(530)448-6330 (Cellular)
(775)786-0450 (Home)
Email: ianfitzgerald@tdpud.org
Dated:
Jeffrey J. Chang, Esq.
JEFFREY J. CHANG& ASSOCIATES
Attorney
Fee Agreement
Page 4 of 4
AGREEMENT BETWEEN TRUCKEE DONNER PUBLIC UTILITY DISTRICT
AND IAN FITZGERALD
WHEREAS Truckee Donner Public Utility District (District) desires to employ Ian
Fitzgerald; and
WHEREAS Ian Fitzgerald (Fitzgerald) is a citizen of Canada; and
WHWEREAS in order for Fitzgerald to have work stability within the United States of
America he needs to obtain a permanent resident visa (1-140)from the U.S. Immigration
and Naturalization Service; and
WHEREAS the cost to obtain this visa is approximately $12,000 and Fitzgerald has
asked District to provide financial assistance in this regard;
NOW THEREFOR DISTRICT AND FITZGERALD ENTER INTO THIS AGREEMENT AS
FOLLOWS:
1. District will pay directly to the law firm of Jeffrey J. Chang &Associates for fees
associated with processing Fitzgerald's application for the 1-140 visa.
2. Fitzgerald agrees to remain employed by District for a period ending January 1, 2010,
or, in the alternative, if Fitzgerald leaves the employment of the District earlier Fitzgerald
will reimburse District based on the following schedule: If Fitzgerald leaves District
employment during 2004 he will reimburse the District $12,000, and the amount of
reimbursement will decrease $2,000 per year, until the year ending 2009, after which no
further reimbursement is required.
3. Nothing in this agreement guarantees Fitzgerald employment.
The parties, intending to be legally bound by the terms of this agreement affix their
signatures hereto
For the District For Fitzgerald
Peter L. Holzmeister Ian Fitzgerald
General Manager