Dan H. Berger Esq.
Partner
Providence (New England)
400 Westminster Street, Suite #49 Providence, RI 02903 US
Philadelphia (U.S. Headquarters)
1524 Delancey Street, 4th Floor Philadelphia PA 19102 US
dberger@gands-us.com
(215) 395-8959
Bio
Dan Berger is a Partner at Green & Spiegel, U.S. heading their new New England office and leading a new Academic and Medical Immigration Team. He is an Academic Fellow at Cornell Law School, and an Honorary Fellow of the American Academy of Adoption Attorneys. He is on the Legal Advisory Board of the Presidents’ Alliance on Immigration & Higher Education, on the Legal Advisory Council of the Congressional Coalition on Adoption Institute (largest bipartisan congressional caucus). Most recently he has helped lead planning for, and now implementation of, President Biden’s waiver program for Dreamers to move into status through employer-sponsorship, as described in this New York Times article. Dan was invited to the White House for the June 2024 announcement as recognition of his role in the process.
He is a frequent writer and speaker on immigration, including after the 2020 election for the Brookings Institute on recommendations for the Biden/Harris Administration and also on strategies to support international entrepreneurs. He co-edited an updated edition of Immigration Options for Academics and Researchers. He also wrote an Issue Brief for the American Council on Education (ACE) after the 2016 election, and was a co-author on a “Note” on academic immigration for the National Association of College and University Attorneys (NACUA). Dan has been quoted in various media including the Atlantic Magazine, USA Today, Al Jazeera, Associated Press, Science, Bloomberg News, the Guardian, Forbes, and the Huffington Post.
Dan is an advisor for the American Immigration Council on their informational website on STEM immigration initiatives, and a consultant for the Talent Mobility Fund on STEM immigration issues.
In 2023, AILA awarded Dan the “President’s Commendation” for “exemplary service to the President and AILA,” including on the USCIS Headquarters Liaison Committee, writing practice advisories, serving on the AILA Afghanistan Taskforce (a rapid response effort to help Afghans after the Taliban takeover), and being on the editorial board of the AILA Law Journal.
Dan has a particular focus on DACA and undocumented students, evaluating options for longer term status. He advises thedream.us (nation’s largest private scholarship fund with over 10,000 scholarships in ten years to Dreamers). Dan co-founded and helps lead an innovative DACA clinic at Cornell focused on employment-based options, as described in this Boston Globe article.
He was until recently an immigration law adviser on an NIH grant on the use of DNA technology in immigration, and co-authored a peer reviewed article in Science on the use of DNA technology to address family separation at the border.
Dan developed his interest in immigration in college at Harvard, where he studied immigration history and taught English to adult refugees. He graduated from Cornell Law School and has practiced immigration law for over 25 years.
Practice Areas
Education
- A.B.. in History, Harvard College, 1989
- J.D., Cornell Law School, 1996
Affiliations
- Member, Massachusetts Bar, 1998
- Member, American Immigration Lawyers’ Association, 1998-present
- Member, US Alliance of International Entrepreneurs (2015-2022)
- Honorary Fellow, American Academy of Adoption Attorneys, 2016-present
- Member, QED-C, The Quantum Economic Development Consortium, 2024
Involvement
- Legal Advisory Board, Congressional Coalition on Adoption Institute (CCAI) – bipartisan congressional adoption caucus
- Co-founder, Innovate Here – working group of R1 universities considering uses of the Biden STEM Immigration Initiatives
- Liaison Committee, US government agencies, 2000-present
- Liaison Committee, American Immigration Lawyers Association, 2000-present
- Liaison Committee, National Association of Foreign Student Advisers 2000-present
- Co-Author, amicus brief for AILA on permanent residence process for university teachers, 2010
- Co-author, comment for AILA on Extraordinary Ability Request for Evidence template submitted to USCIS, 2010
- Regulatory Practice Coordinator, National Association of Foreign Student Advisers, 2015-2018
- Volunteer Attorney, La Posada Providencia Catholic Shelter, San Benito, Texas (ICE check in, detention visits in county and ICE facilities), 2017
- Legal Advisory Council, Presidents Alliance on Higher Education and Immigration, 2017-present
- Consultant, Genomics, Biometrics, and Identity, NIH grant to student use of DNA technology and biometrics in U.S. immigration policy, 2019- 2022
- Advisory Board, DNA Bridge (formerly 545 Separated Families Working Group), 2020-present
- Contributor, comment submitted by higher education groups (led by the College and University Personnel Association) on Department of Labor interim final rule, 2020
- Technical Advisor, Senate office, visa provisions of the International Press Freedom Act of 2021 bill, 2021
- Data Analyst, study by the National Foundation for American Policy on how H-1B visa proposals will affect international students, 2021
- Participant, invitation-only Immigration Policy Workshop sponsored by the Center for Houston’s Future and Rice University’s Baker Institute Center for US and Mexico, 2021
- Legal Consultant, American Council on Education, including legal opinion letter on Safeguarding American Innovation Act, 2021
- Legal Advisor, American Immigration Council, Biden STEM Immigration Initiatives, 2022
- Invited presentations on visa options for international students and scholars at Harvard Law School, MIT (postdocs), Eastman School of Music, NYU, Yale University (arts, music, graduate students, entrepreneurs), University of Connecticut Health Center (medical residents and fellows), Brown University (entrepreneurs and international students), Smith College, Amherst College, Mt. Holyoke College, University of Massachusetts Amherst, Wesleyan, Georgia Institute of Technology, University of Georgia Athens, Bucknell University, Middlebury College, Dartmouth College, University of New Hampshire Durham, Columbia University, Princeton University (graduate students and entrepreneurs) University of Michigan, University of Connecticut, American Museum of Natural History, Marine Biological Laboratory
- Numerous other invited presentations and panel discussions for Council For Global Immigration (now SHRM), Center for Adoption Policy at Duke Law School, NAFSA, AILA, Federal Bar Association Immigration Section, National Association of College and University Attorneys (including “Ask the Pros” open Q&A after the 2016 election), American Association of Universities Council on Federal Relations, National Association of Independent Colleges and Universities, Williams College Claiming Williams Day, Wellesley College and Smith College School for Social Work
Awards
- Region XI Sally M. Heim Award, National Association of Foreign Student Advisers (NAFSA), 2015
Blog Posts
- Finalized DHS H-1B Modernization Rule
- Tips for Advising Campuses in a Time of Immigration Uncertainty
- UPDATE: Upcoming Changes to J-1 Skills List
- Immigration Change May Keep More Scientists In The United States
- Tips for Advising in a Time of Immigration Uncertainty
- College campuses scramble to protect foreign and undocumented students under Trump
- Immigration attorney Dan Berger: Trump’s past and future immigrant policies
- Trump’s Immigration Plans May Upend Students And Immigrant Applicants
- After nearly a decade, the federal program for immigrant entrepreneurs is finally working
- Empowering Global Talent: Strategic O-1 Visa Solutions for Accomplished Scientists
Events
Media and Presentations
SELECTED PUBLICATIONS AS CO-EDITOR
- Immigration Practice Pointers (formerly Immigration & Nationality Law Handbook, the CLE handbook for AILA’s annual conference), American Immigration Lawyers Association, AILA 1999-present
- Immigration Options for Academics and Researchers, AILA 2005, 2011, and 2021 editions
- The Nurse Immigration Book, ILW Immigration Law Library, 2007-2008
- The International Adoption Sourcebook, AILA 2008 and 2021
- Business Immigration Law & Practice, Reviewer for O and P visa sections, AILA 2011 and 2017
- The Diplomatic Visas Handbook, AILA 2011 and 2017
- Kurzban’s Immigration Law Sourcebook, Reviewer of Student Visa Section and Physician Immigration Section, 17th Edition, American Immigration Council, 2020-2021
SELECTED ARTICLES AND BOOK CHAPTERS AS AUTHOR AND CO-AUTHOR
- Does a Visa Petition Create a Legal Contract?, 5 Bender’s Immigration Bulletin No. 24, December 15, 2000
- Adopted Children and the Child Citizenship Act of 2000 (review of issues shortly after the passage of the CCA), ILW, December 29, 2000
- Thinking Outside The Box – strategies for exemption from the H-1B cap, AILA Immigration Law Today, May/June 2007
- Outstanding Researcher Cases for Academic Physicians, Immigration Options for Physicians, AILA, 2009
- Immigration Research 101, Immigration Practice Pointers, AILA, 2010
- Beyond Deferred Action – Long Term Remedies for Undocuments Youth, Immigrants Rising (guide for DACA and undocumented youth on options moving into status, based on 121 consultations as part of a study conducted in 2011), 2012 and 2019
- Intercountry Adoption, Domestic Adoption and the Post-Hague Landscape, Immigration Practice Pointers, AILA, 2012
- Authorizations for Visa Issuance Under INA §212(d)(3)(A), Immigration Waiver Update – American Immigration Lawyers’ Association, 2012
- Deferred Action – Should Undocumented Young People Apply?, Lexis/Nexis Emerging Issues Analysis, 2012
- A Review of Legal Issues Arising After a Grant of DACA, Immigration Practice Pointers, AILA, 2013
- Left Behind – Iraqis and Afghans Caught in a Sea of SIV Red Tape, 5 Inside Immigration No. 6, June 2014
- Nine Key Concepts College Counsel Must Know About Immigration Law, 20 Bender’s Immigration Bulletin 679, July 1, 2015
- Innovative Visa Options for Immigrant Entrepreneurs, 21 Bender’s Immigration Bulletin No. 11, June 1, 2016
- Guide to Immigration Options for Refugees Abroad collaboration with Refugees International and Navigating DNA Testing in Immigration Cases, 21 Bender’s Immigration Bulletin No. 13, July 1, 2016
- Sanctuary Campuses and Other Immigration Questions and Answers for Campus Leaders Post-Election, 22 Bender’s Immigration Bulletin No. 1, January 1, 2017
- DNA and the Search for Answers, Adoption Today, March 2017
- Ten Key Immigration Concepts for College and University Counsel, National Association of College and University Attorneys, 2017
- Immigration Post-Election – Issue Brief, American Council on Education, 2017
- The New National Interest Waiver Standard Established by Matter of Dhanasar, in conjunction with AILA webinar, 2017
- Recent Trends in EB-1 Extraordinary Ability And Outstanding Professor Green Card Petitions, 23 Bender’s Immigration Bulletin No. 17, September 1, 2018
- Fighting and Winning RFEs: Resources and Tips for Crafting a Winning Response, Athletics, Culture, Entertainment and Science Immigration Conference Handbook, 2019
- A proposal to bring back reasonableness: resurrect the Rice cable on students and temporary intent, and expand it to J-1 exchange visitors, ILW.com, December 28, 2020
- Agents and Itineraries for O and P Petitions, Immigration Options for Artists, Entertainers & Athletes 3 Ed., AILA, 2020
- Four Ways the Biden Administration Can Improve The Employment-Based Immigration System Without Congress, Report by the Brookings Institution, January 2021
- Biometric Data and Midnight Regulations, The Regulatory Review, March 11, 2021
- Unleashing International Entrepreneurs to Help the US Economy Recover from the Pandemic Report for the Brookings Institution, May 2021
- E. Barnert et al. Using DNA to Reunifiy Separated Migrant Families, Science, 10.1126/science.abh3979, May 27, 2021