Victoria M. Garcia
Managing Partner, San Antonio
Jenifer Ashley
210.299.3512
Focusing on labor and employment law for over 19 years, Victoria Garcia represents management in all aspects of labor and employment matters, including immigration.
Ms. Garcia represents clients in a wide range of employment discrimination litigation, as well as in regulatory and administrative hearings at all levels. Her legal counsel encompasses union avoidance, respresentation petitions, collective bargaining and the handling of unfair labor practice charges, as well as the formulation of policies and procedures relating to every aspect of the employee relationship.
Ms. Garcia also provides clients with advice and counsel on international employment issues, including the application of United States legislation abroad, the transfer, assignment and separation of employees on foreign assignment, the transfer of employees between subsidiaries and related entities, and on conflicts between U.S. and foreign legislation.
Additionally, Ms. Garcia provides clients with comprehensive legal guidance regarding business immigration matters, including (i) obtaining non-immigrant and immigrant visas for foreign employees and investors, (ii) responding to inquiries, investigations and mismatch letters from the Department of Homeland Security, the Internal Revenue Service, the Social Security Administration and Department of Labor, and (iii) complying with U.S. immigration laws in the hiring, retention and management of domestic workforces. Ms. Garcia is fluent in Spanish.
Publications and Speeches
"Immigration Compliance - Nuts and Bolts," GCSDA 6th Annual HR Conference, April 12, 2010.
"Investing Companies - Visa Alternatives and Labor/Employment Considerations," Scottish Development International, March 2, 2010.
"Working Visas and Human Resources Considerations," IBDC Business Seminar, February 17, 2010.
"Department of Homeland Security Worksite Enforcement," Foundation Repair Association, September 2009.
"San Antonio and the Global Economy - Post NAFTA," San Antonio Human Resource Management Association - August 2009.
"Developments in Immigration Law," Human Resources Roundtable - June 17-18, 2009.
"Revised Form I-9 Goes Into Effect," Texas Apartment Association – June 2009.
"Non-Immigrant Visa Options for Business Owners," Asociacion de Empresarios Mexicanos.
"Developments in Immigration Law – 2009," General Conference of Seventh day Adventists.
"Developments in Immigration Law 2007-2008," B&G 2008 Advanced Employment Law Seminar.
"Employment Eligibility Verification and Recent Department of Homeland Security Initiatives," Texas Apartment Association.
"Immigration and Documentation Obligations for Employers," San Antonio Human Resource Management Association.
"Properly Completing Required Government Forms: The New I-9 and EEO-1 Forms and "Church Employer Obligations," General Conference of Seventh Day Adventists.
"Developments in Immigration Law 2007-2008," General Conference of Seventh Day Adventists.
"Social Security Mismatches and Other Homeland Security Pitfalls," New Braunfels Conference.
"The I-9 Form and Social Security "Mismatch" Letters," Sysco Corporation.
"Employment Issues in the United States," Free Trade Alliance San Antonio, International Business Development Center.
"Social Security Mismatch Letters and Workplace Enforcement After September 2005," The Texas General Counsel Forum.
"Privacy Issues in Today's Workplace: Background Checks, Security Concerns, Electronic Monitoring," TELC Educational Conference.
"Americans with Disabilities Act: Recent Developments," University of Houston Law Center Employment and Labor Law Conference.
"Employer's Rights and Risks: Hiring, Supervising and Firing," Certified Automotive Financial Manager Conference.
"Americans with Disabilities Act: Current Issues," University of Houston Law Foundation.
"Americans with Disabilities Act Update: Is There Anyone Who Isn't Disabled," Texas Labor Letter, Managing a Workforce.
"Preventing Intermittent Leave and Other FMLA Absences from Wrecking Your Organization's Attendance Levels," Council on Education Management.
"ADA Update," University of Houston Advanced Employment Law Seminar.
"Employment Issues in a Global Marketplace," Texas Employment Law Council Educational Conference and Annual Meeting.
"Avoiding the Web of Employer Liability," Client Conference on Developments in Labor & Employment Law.
"Dealing with Hidden Disabilities in the Workplace," Texas Labor Letter, Managing a Workforce Conference.
"Comparative Labor and Employment Law Issues (Mexico/U.S./Puerto Rico)," San Antonio Bar Association, International Labor Law Section.
"ADA and FMLA," Credit Union National Associations (CUNA) Regulatory Compliance School.
"Privacy in the Workplace (E-Mail, Voice Mail & New Technology)," Managing a Workforce Conference, Texas Labor Letter, Advertising Agency Owners Association.
"Personnel and Legal Issues," Texas Association of Community Action Agencies, Inc.
"Implications of the NAFTA Labor Side Agreement in the United States," University of Monterrey, Mexico International Law Conference.
"Cuba: The Changing Political/Legal System," San Antonio Bar Association, International Law Section.
"The NAFTA Labor Side Agreement: What Is It Really About?" Texas Labor Letter.
"Labor and Immigration Issues in Mexico," U.S./Mexican Trade Seminar Series, Texas A&M University-Corpus Christi Business Alliance Small Business Development Center.
"Preserving an Employers Prerogatives," Texas Labor Letter.
"The NAFTA Labor Side Agreement," San Antonio Bar Association, International Law Section.
"Labor and Employment Law: An Overview," St. Mary's University/University of Monterrey Joint Venture Program.
"Labor and Employment Law in the United States," Texas-Mexico Bar Association.
"Sexual Harassment," Conopus Club.
"The NAFTA Labor Secretariat," U.S./Canada Chamber of Commerce.
"The Structure of the NADBANK," International Business Committee/Greater San Antonio Chamber of Commerce.
"Structure of the NAFTA Secretariat and Committees," Free Trade Alliance San Antonio NAFTA Update Series.
"Current Trade Opportunities with Cuba," The Journal of the Free Trade Alliance San Antonio, Joint Spring/Summer Edition.
"Labor Law, Immigration and Alternative Dispute Resolution in Mexico," Austin Chamber of Commerce
"Workers Compensation: The System and Suggestions for Those Who Opt Out," 5th Annual Advanced Real Estate Drafting Course.
"Current U.S.-Cuba Relations," San Antonio World Trade Associations Latin America Group.
"Enforcement of Foreign Judgments and Arbitral Awards in Mexico and the United States," St. Mary's University/University of Monterrey Joint Venture Program.
"Resolving Employment Disputes and Civil Rights Claims Without Litigation," University of Texas School of Law Seminar.
"Employment Contracts," Matthews & Branscomb Labor and Employment Law Seminar.
"Mexican-U.S. Commercial Dispute Resolution," Mexico Trade Letter.
"Private Commercial Dispute Resolution," St. Mary's University; Conference on Mexican Law and Legal Research.
"International Commercial Arbitration," Associacion Nacional de Abogados de Empresa and the University of Monterrey.
Education
J.D., The University of Texas School of Law, 1989
M. Public Affairs, The University of Texas at Austin, 1989
B.S., Foreign Service, magna cum laude, Georgetown University, 1985
Bar Admissions
Texas
Court Admissions
U.S. District Court for the Northern, Southern, Eastern and Western Districts of Texas
Certifications
Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization
Affiliations
Free Trade Alliance San Antonio, Chairman of the Board, 2009; Chair Elect of Board of Directors, 2008; Secretary, 1995, 1999; Operations Committee Chair, 1996-1997; Finance Committee, Vice-chair, 1998; Board of Directors, 1994-present; Executive Committee, 1994-present; General Counsel, 2002-2007; Chair Elect of Board of Directors, 2008
State Bar of Texas, Professional Ethics Committee, 1995-2004
American Bar Association, International Labor and Employment Law Section
San Antonio Bar Association
American Immigration Lawyers Association
Noteworthy
Chambers USA: America's Leading Lawyers for Business, Immigration, 2010
The Best Lawyers in America, Labor & Employment Law
Scene in SA: San Antonio's Best Lawyers, Labor & Employment Law, 2004
Editor, Review of Litigation, The University of Texas at Austin
Languages
Spanish