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Mary Kate Fernandez

Associate

Business Immigration

  • Overview
  • Recognitions
  • Presentations
  • Experience
  • Insights

Overview

Mary Kate Fernandez focuses exclusively on business immigration, representing employers across a range of industries. With experience guiding clients through U.S. immigration regulations, she helps businesses sponsor and retain skilled talent from around the world.

Mary Kate also assists employers in addressing a wide range of employment issues related to immigration and international employment, ensuring they remain compliant with regulations. Her proactive approach to compliance and advisement helps clients navigate regulatory challenges, respond to audits, and mitigate risk, enabling them to confidently build and retain a global workforce.

Comfortable working across multiple administrative and regulatory agencies, Mary Kate has established contacts and experience liaising with the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Coast Guard (USCG), Department of State (DOS), and U.S. consulates worldwide. This network enables her to guide clients effectively through regulatory requirements across different jurisdictions.

Mary Kate’s areas of focus include:

  • B-1/B-2 visa applications
  • H-1B lottery registration and petitions
  • H-1B cap exemption
  • H-2B advisement
  • J-1 visa waivers and direct sponsorship
  • F-1, OPT, and STEM OPT
  • PERM labor certification
  • EB-1, EB-1 NIW, EB-2, and EB-3 petitions
  • E-3 visas
  • O-1A visas
  • O-1B visas
  • Naturalization
  • Family and marriage-based petitions
  • EB-5 entity formation and petitions
  • ESTA advisement
  • L-1 visas
  • TN visas
  • Letters of Determination (LODs) requests to the U.S. Coast Guard (USCG)
  • POLO endorsement letters, POEA clearance, and Overseas Employment Certificates (OEC) for Filipino employees
  • Guidance on expatriation abroad and international employment compliance
  • Department of Labor (DOL) compliance investigations
  • I-9 advisement
  • E-Verify registration and compliance

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Education

  • Loyola University New Orleans College of Law, J.D. cum laude | 2020
  • University of New Orleans, B.F.A. Film and Digital Media cum laude | 2015

Bar Admissions

  • Louisiana

Related Services

Recognitions

  • Mitratech AdvanceLaw DMP Initiative, Class of 2024
  • Warren E. Mouledoux Professional Responsibility Award, 2019

Education

  • Loyola University New Orleans College of Law, J.D. cum laude | 2020
  • University of New Orleans, B.F.A. Film and Digital Media cum laude | 2015

Bar Admissions

  • Louisiana

Related Services

Presentations

2025

  • “I-9 and Foreign Workers: Documentation Essentials for Schools,” American Association of School Personnel Administrators (AASPA) Legal Summit, November 13, 2025, Presenter
  • “Work Without Borders,” SCG Legal Annual Meeting, Austin, Texas, September 18–19, 2025, Panelist
  • “Know Before They Knock: ICE Preparedness,” RCAW Membership Networking, Dinner & Education, Seattle, Washington, September 10, 2025, Guest Speaker
  • “MASS Conference,” Mississippi Association of School Superintendents Annual Meeting, Biloxi, Mississippi, July 14-15, 2025, Presenter
  • “An Update on U.S. Immigration Policies (Global Spinette),” SCG Legal Global Spin, National Podcast, April 7, 2025, Podcast Guest
  • “AASPA Equity in Action Summit,” American Association of School Personnel Administrators (AASPA), Chicago, Illinois, March 31, 2025, Presenter
  • “AASA National Conference on Education” AASA Annual Meeting, New Orleans, Louisiana, March 7, 2025, Presenter
  • “Immigration Policy and Enforcement in 2025: What Superintendents Should Understand,” AASA—The School Superintendents Association, National Webinar, January 15, 2025, Speaker

2024

  • “H-1B Lottery—Update for 2025,” SCG Legal Global Spin, National Podcast, November 14, 2024, Interviewee
  • “What Is the H-1B Lottery and How Could It Affect Your Clients?,” SCG Legal Global Spin, National Podcast, April 2024, Podcast Guest
  • “Roofing Road Trips—The Ins and Outs of H-1B Visas,” Roofer’s Coffee Shop, National Podcast, April 12, 2024, Podcast Guest
  • “Empowering International Students,” A. B. Freeman School of Business (Tulane University), Webinar, March 20, 2024, Presenter
  • “Conrad 30 Program: Implementation and Use for Foreign Physicians,” Oregon State Legislature, Salem, Oregon, February 21, 2024, Expert Witness

2023

  • “Coming to America: Immigration Options and Tax Implications,” SCG Legal 2023 Annual Meeting, New Orleans, Louisiana, September 21, 2023, Panelist
  • “H-1B Visas: An Employer’s Guide to Hiring Temporary Specialty Occupation Workers,” Adams and Reese LLP, National CLE Webinar, January 26, 2023, Presenter

Education

  • Loyola University New Orleans College of Law, J.D. cum laude | 2020
  • University of New Orleans, B.F.A. Film and Digital Media cum laude | 2015

Bar Admissions

  • Louisiana

Related Services

Experience

  • Led immigration due-diligence for private-equity acquisitions in construction and industrial sector auditing visa populations, successor-in-interest risks, vendor dependencies, and I-9 exposure.
  • Built I-9/E-Verify compliance programs for multi-state employers, including written policies, manager training, and remediation plans post-self-audit.
  • Drafted employer communications and SOPs for ICE Notices of Inspection and post-closing I-9 reverification strategies.
  • Authored comprehensive RFE/NOID responses for cap-exempt H-1Bs including detailed mission-mapping, duty-alignment analyses, and evidentiary roadmaps.
  • Delivered workshops and executive briefings for school HR leaders on immigration enforcement trends, cap-exempt hiring, EAD/OPT/STEM OPT planning, and recordkeeping.
  • Represented national corporations and other employers in DOL, FDNS, ICE audits.
  • Advised numerous public school districts and charter networks on end-to-end teacher and administrator visa and green card sponsorships.
  • Structured cap-exempt H-1B programs for hospitals, educational institutions, public entities and political subdivisions.
  • Prepared TN applications, mapping duties to O*NET and the USMCA professions list and aligning evidence for consular presentation.
  • Counseled executives on L-1A/L-1B eligibility (including blanket petitions), organizational charts, and job-duty scoping; prepared POE packets and manager/specialized-knowledge narratives.
  • Guided a global executive through O-1A preparation and evidence strategy for sustained acclaim, sector impact, and leadership across multinational projects.
  • Led an agency rulemaking engagement resulting in the addition of a medical specialty to the state’s Conrad 30 designated specialty list in advance of obtaining J-1 waiver and H-1B visa.

Education

  • Loyola University New Orleans College of Law, J.D. cum laude | 2020
  • University of New Orleans, B.F.A. Film and Digital Media cum laude | 2015

Bar Admissions

  • Louisiana

Related Services