Maxine D. Bayley practices in the area of immigration law, representing clients in matters involving the employment of foreign nationals in a variety of industries, as well as individual matters including family-based permanent residence and naturalization. She has in-depth experience representing individual and corporate clients with regard to H, L, O, E-3, and TN non-immigrant matters, as well as EB-1 immigrant visas. She also represents clients in complex immigration cases, including immigrant and non-immigrant waivers of inadmissibility, Violence Against Women Act (VAWA) petitions, consular processing and immigration ramifications of criminal charges. She also has experience with asylum and federal court litigation pertaining to immigration matters. She is a frequently featured speaker at national, state and local conferences.
Ms. Bayley previously served as Chair of the American Immigration Lawyers Association (AILA) Northern CA chapter, and on AILA’s Board of Governors. She is a 2004 graduate of the American University, Washington College of Law, and a 2001 graduate of Gonzaga University.
Secured lawful permanent residency status for two young immigrants, overcoming prior removal orders and establishing they were eligible for relief under the Nicaraguan Adjustment and Central American Relief Act (NACARA).
- Managed the filing of post-acquisition L-1 amendments for a client company involving hundreds of employees across the globe.
- Drafted a section of a petition for writ of certiorari filed with the U.S. Supreme Court regarding the retroactive application of Padilla v. Kentucky to ineffective assistance of counsel claims raised on collateral review with regard to immigrants. Emmanuel Morris v. Commonwealth of Virginia
- Briefed and argued before the U.S. Court of Appeals for the Ninth Circuit to overturn a removal order against a U.S. lawful permanent resident and citizen of El Salvador who feared for his life in El Salvador based on the perception of involvement in gang activity. Santos Antonio Sanchez v. Eric Holder, Jr.
Obtained an O-1 visa for a Canadian citizen to accept a high-level executive position with Aramark.
- Secured the approval of an O-1 visa petition and a nonimmigrant waiver of inadmissibility from the U.S. Department of States, for a Belgian artist.
Areas of Practice
- Immigration Law
- District of Columbia
- American University, Washington College of Law, J.D., 2004
- Gonzaga University, B.A., 2001
- Duane Morris LLP
- Partner, 2021-present
- Associate, 2009-2020
- Lawler & Lawler
- Associate, 2006-2009
- Maggio & Kattar, P.C.
- Associate, 2004-2006
- Law Clerk, 2003-2004
- American Immigration Lawyers Association, 2005 to present
- Northern California Chapter Board Member (Chair, 2020-2021)
- Co-Chair, 2021 California Chapter Conference, November 2021
-- Co-liaison to U.S. Customs & Border Protection (past)
--- Co-Director of Education Programs (past)
- National Association of Professional Women, 2015 to 2018
- Board Member, Walnut Creek Chapter
Honors and Awards
- Lexology Client Choice Award, 2022
- Listed in The Best Lawyers in America, 2023
- Named to Best Lawyers "Ones to Watch," 2021 and 2022
- Listed in Super Lawyers Northern California
Listed in Super Lawyers Northern California Rising Stars
- Author, "Mitigating the Impact of Mass Tech Layoffs on H-1B Visa Holders," Bloomberg Law, December 5, 2022
- Co-author, "Homeland Security Announces Temporary Protected Status for Afghan Citizens," Duane Morris Alert, March 17, 2022
- Co-author, "Homeland Security and Department of Labor Make Significant Changes for H-1B and Immigrant Visa Petitions," Duane Morris Alert, October 8, 2020
- Co-author, "Changes in USCIS Processing in Light of COVID-19," Duane Morris Alert, March 27, 2020
Featured, "US Immigration Is Stuck in the Stone Age - and It’s Putting Lives in Danger," The Nation, March 5, 2019
Co-author, "Interpreting the Stop-Time Rule in Pereira v. Sessions," Law360, April 30, 2018
Quoted, "A Dream Deferred," Diablo Magazine, December 29, 2017
- Author, "Immigration is Watching," California Lawyer, December 2011
- Author, "Practical Tips for Preparing L-1B Petitions," published in materials for the AILA California Chapters Conference, November 2011
- Co-author, "EB-2 Visas for China and India Move Five Months and Other Immigration Law Updates," Duane Morris Alert, June 21, 2011
- Co-author, "USCIS's Fee Increases and Other Immigration Law Updates," Duane Morris Alert, September 13, 2010
Selected Speaking Engagements
- Presenter, "The California Year-End Employment and Immigration Law Roundup," Duane Morris LLP Webinar, December 1, 2021
- Speaker, "Employment Life Cycle of the Remote Employee," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, October 27, 2020
Speaker, “2020 Vision: Legal Issues to Watch for in the Workplace,” Duane Morris Breakfast Briefing, San Francisco, November 8, 2019
Speaker, "Pre-filing Strategies for H-1B Cap Season," Alameda County Bar Association, February 5, 2019
Speaker, "Forward Thinking: The Latest Developments in Employment and Immigration Law and Preparing Your Workplace for the Future," Duane Morris Breakfast Briefing, November 13, 2018
Presenter, "New Employment and Immigration Laws and Developments," Duane Morris Breakfast Briefing, San Francisco, February 15, 2018
- Speaker, "Careers in Immigration Law," University of San Francisco Immigration Law Society, November 13, 2017
- Speaker, "Surviving the Holiday Season: Workplace Holiday Parties and Planning for the New Year," Duane Morris Breakfast Briefing, San Francisco, November 9, 2017
- Speaker, Duane Morris' Developments in Workplace Law and Practice, San Francisco, May 17, 2017
- Speaker, "What to Expect in 2017 Under President Trump: Employment and Immigration Practice," San Francisco, January 26, 2017
- Speaker, "Updates on L-1B Visas," American Immigration Lawyers Association California Chapters Conference, November 12, 2016
- Speaker, "L-1 Blanket Petitions: Changes and Trends," Council for Global Immigration, September 29, 2016
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2016, San Francisco, California, May 12, 2016
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, San Francisco, California, May 21, 2015
- Speaker, "Obama's Executive Action: How it Impacts Immigrants," Bar Association of San Francisco, May 7, 2015
- Speaker, "H1-B Petitions," Duane Morris Institute Seminar, February 4, 2015
- Speaker, "New 2015 Employment and Immigration Laws and Trends," Duane Morris Employment, Benefits and Immigration Practice Group, San Francisco, January 22, 2015
- Speaker, "Developments in Workplace Law and Practice," Duane Morris Employment, Benefits and Immigration Practice Group, San Francisco, May 22, 2014
- Panelist, "Representing the Multinational Specialized Knowledge Worker - Advanced L-1B Issues and Requirements," AILA California Chapters Conference, 2011
- Speaker, "H-1B Visas for Specialty Occupations," Bar Association of San Francisco, September 27, 2011