Services & Industries
Education
J.D., Vanderbilt University Law School, 1997
B.A., summa cum laude, Willamette University, 1993
Bar & Court Admissions
Oregon State Bar
State Bar of California
Alan is Chair of Tonkon Torp’s Business Immigration Practice Group and focuses his practice on employment-based immigration and counseling on employment law matters relating to foreign nationals. He represents clients before the United States Citizenship and Immigration Services and U.S. Customs and Border Protection, as well as the U.S. Department of State and U.S. Department of Labor.
Alan’s practice focuses on assisting large and small companies with the hiring and retention of foreign national employees. This primarily includes filing petitions with the government, both for temporary and permanent resident status, for executive, managerial, and specialized knowledge transferees of multinational corporations, professionals, individuals of extraordinary ability, and outstanding researchers.
He also advises clients on continuing employment issues involving foreign nationals in the United States, mergers and acquisitions involving foreign national employees, recruiting, reductions in force, and Form I-9 Employment Eligibility Verification and E-Verify.
Prior to joining Tonkon Torp in 2007, Alan practiced immigration law for several years in San Francisco with large national firms.
Community Involvement & Activities
Oregon State Bar International Law Section Executive Committee
Past Chair
Past Secretary
Past Treasurer
AILA/USCIS California Service Center Liaison Committee
Past Member
Professional Memberships
American Immigration Lawyers Association
Multnomah Bar Association
Portland Human Resource Management Association
Recent News
41 Tonkon Torp Attorneys Included in 2027 Best Lawyers in America
Forty-one Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2027. Thirty-nine of the attorneys have been previously named to the peer-review list, and most have been listed for more than 10 years.
Chambers USA 2026 Ranks 25 Tonkon Torp Attorneys
Chambers USA has recognized 25 Tonkon Torp attorneys in eight practice areas in its 2026 Guide.
47 Tonkon Torp Attorneys Included in 2026 Best Lawyers in America
Forty-seven Tonkon Torp lawyers representing 37 practice areas have been selected for inclusion in The Best Lawyers in America® 2026.
Chambers USA 2025 Ranks 28 Tonkon Torp Attorneys
Chambers USA has recognized 28 Tonkon Torp attorneys in eight practice areas in its 2025 Guide. Chambers USA is the world’s leading legal data and analytics provider, highlighting the top lawyers and law firms across the USA for over two decades.
46 Tonkon Torp Attorneys Included in 2025 Best Lawyers in America®
Forty-six Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2025. Forty-five of the attorneys have been previously named to the peer-review list, and most have been listed for more than 10 years.
Recent Publications
Notice of Proposed Rulemaking – $103,265 Fee for H-1B Cap-Subject Petitions
The Department of Homeland Security (DHS) has published a notice of proposed rulemaking (NPRM) to establish a $103,265 fee for all H-1B cap-subject petitions that go through the annual lottery. The new fee is separate from the prior $100,000 fee imposed on September 19, 2025, for certain petitions which is currently being litigated. The $103,265 fee would be paid at the time H-1B cap-subject petition is filed with the U.S. Citizenship and Immigration Services (USCIS) and would be required in addition to all other applicable USCIS filing fees.
Duration of Status Eliminated for F, J, and I Visa Holders
The Department of Homeland Security (DHS) published a final rule that takes effect on September 15, 2026, eliminating the longstanding Duration of Status (D/S) admission designation for F, J, and I visa holders. The rule will replace flexible D/S admissions with fixed periods of admission which will require F, J, and I visa holders to apply for extensions of status beyond their fixed admission period.
USCIS Policy Memorandum Impacting Adjustment of Status Applications
U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum on May 22, 2026: “Adjustment of Status Is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process.” While the May 22 Memorandum signals a significant departure from decades of past policy and practices in processing green card applications, USCIS backtracked some of its assertions a week later. Currently there is no clearly articulated guidance on how USCIS will apply the May 22 Memorandum.
FY2027 H-1B Cap Registration: What You Need to Know
The U.S. Citizenship and Immigration Services (USCIS) has announced that H-1B registrations for the FY2027 cap season will open at noon Eastern on March 4, 2026, and will run through noon Eastern on March 19, 2026. The USCIS filing fee remains the same as last year, $215 per registration. Selection notifications from USCIS should come through by March 31, 2026.
Further Visa Restrictions for 75 Countries Effective January 21, 2026
Effective January 21, 2026, the Department of State (DOS) will indefinitely “pause” immigrant visa issuance for nationals of 75 countries. The administration claims the pause is necessary because applicants from these countries are more likely to rely on U.S. public benefits.
Publications & Presentations
“COVID-19 Temporary Flexibilities for Form I-9 Ending,” Tonkon Torp Legal Update, May 2023
“Form I-9 Roundtable,” May 2023
“Annual Immigration Update,” January 2023
“FY2024 H-1B Cap Registration – What You Need to Know,” Tonkon Torp Legal Update, January 2023
“What You Need to Know About FY2023 H-1B Cap Registration,” Tonkon Torp Legal Update, January 2022
“USCIS Suspends Biometrics Collection for I-539 Applications for H-4, L-2, E Nonimmigrants, Tonkon Torp Legal Update, May 2021
“Travel from India to the U.S. Restricted Starting May 4,” Tonkon Torp Legal Update, May 2021
“Immigration Under the Biden Administration, plus H-1B Cap,” February 2021
“H-1B Lottery Updates for Fiscal Year 2022,” Tonkon Torp Legal Update, February 2021
“Biden Administration Executive Orders Impact International Travel,” Tonkon Torp Legal Update, January 2021
“DOL Publishes Final Rule Impacting Prevailing Wages,” Tonkon Torp Legal Update, January 2021
“Negative COVID-19 Test or Recovery Documentation Required of All U.S. Inbound Air Travelers,” Tonkon Torp Legal Update, January 2021
“New Regulation Creates Wage-Based Selection Process for H-1B Lottery,” Tonkon Torp Legal Update, January 2021
“Trump Extends Suspension of Entry for Certain Immigrants and Nonimmigrants Until March 31, 2021,” Tonkon Torp Legal Update, January 2021
“Annual Immigration Update – An Encore Presentation,” December 2020
“October 2020 DOL and DHS Interim Final Rules Set Aside,” Tonkon Torp Legal Update, December 2020
“Annual Immigration Update” Tonkon Torp Legal Update, November 2020
“2022 DV Lottery Registration Open Oct. 7 to Nov. 10,” Tonkon Torp Legal Update, October 2020
“DHS Publishes Regulation Impacting H-1B Program,” Tonkon Torp Legal Update, October 2020
“DOL Publishes Regulation Impacting Prevailing Wages,” Tonkon Torp Legal Update, October 2020
“Business Immigration Update,” September 2020
“Trump Proclamation Suspends Entry of Immigrant Visa Applicants Into U.S. for 60 Days,” Tonkon Torp Legal Update, April 2020
“H-1B Cap Season 2020,” February 2020
“Worksite Enforcement Business Immigration Briefing,” September 2019
“Business Immigration Review and 2019 Forecast Briefing,” December 2018
“Business Immigration for Startups,” November 2018
“Global Mobility Reform Considerations in 2018,” University Club of Portland, June 2018
“Practice Pointer: Overcoming H-1B Computer Programmer RFEs (Lessons Learned from 2017),” American Immigration Lawyers Association, June 2018
“Worksite Enforcement, Compliance Best Practices & Forms I-9,” June 2017
“The New USCIS Computer Programmer Memo and ‘Specialty Occupation’,” American Immigration Lawyers Association National Seminar, June 2017
“Business Immigration 2017,” Annual Northwest Regional Immigration Law Conference, March 2017
“H-1B Cap Season 2017 and Trump Administration Executive Orders,” February 2017
“Business Immigration 2017,” February 2017
“Employment Based Immigration and Foreign National Tax 2015 Update,” Oregon State Bar International Law Section, February 2015
“The Role of the Human Resource Department in Facilitating International Assignments,” Global Special Interest Group of PHRMA, February 2015
“Selected Issues Affecting H-1B Petitions,” Annual Northwest Regional Immigration Law Conference, March 2012
“L-1’s: Substantive Requirements and Practical Tips,” Annual Northwest Regional Immigration Law Conference, February 2009