immigration options immigration options for students and scholars wednesday, november 11, 2015 h....

Immigration Options for Students and Scholars

Wednesday, November 11, 2015

H. Ronald Klasko, Esq.

Klasko Immigration Law Partners, LLP

Philadelphia New York Chicago

www.klaskolaw.com


H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of Klasko Immigration Law Partners, LLP and has

been providing immigration assistance and solutions to universities for over 30 years. Ron is a past National President of the American Immigration Lawyers Association and

served for 3 years as the bar association’s General Counsel. His firm is the first immigration law firm global partner of NAFSA: Association of International Educators. Mr. Klasko has been invited by more than 30 universities and hospitals to address students and scholars.

Ron has been selected as one of six top tier immigration lawyers in the US by Chambers Global and the firm has been selected as a top tier immigration law firm by U.S. News and World Report. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers selected Ron as the “most highly regarded” immigration lawyer in the world. He is a frequent author and lecturer on university-related immigration law topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School.

Ron is a graduate of the University of Pennsylvania School of Law. He has helped thousands of students navigate the complicated process of obtaining working visas and green cards.


H-1B Visas H-1B Quota Options for Dealing with H-1B Quota Quota-Exempt Employment Strategies to Enhance Chances of Getting H-1B Other Visa Options Permanent Resident Status – Family, Investment,

Asylum, Lottery


Agenda

For more information, visit www.klaskolaw.com



Agenda

Permanent Resident Status – Employment Evaluating Eligibility for Permanent Residence Quotas Q & A Session

(cont’d)



Basic requirementsJob Offer

Part-time or full-timeBachelors or higher degree

Determine U.S. equivalence of foreign degree Combination of education and experience

Specialty occupation Job requires bachelors or higher degree in

specific fieldPrevailing wage

H-1B Visas



H-1B Visas

Employer requirementsU.S. employerPay feesPost noticeKeep public examination file

(cont’d)



H-1B Visas

Procedure and processing timeFile Labor Condition Application with DOLFile H-1B petition with CISChange of status or consular visa issuanceProcessing time

3 to 5 months 15 days or less with premium processing ($1,225)

(cont’d)



H-1B Visas

Length of approval and extensions3 year initial approval and 3 year extension6 year maximum – any combination of employersExtensions beyond 6 years

Recapture time out of U.S. 1 year extension if file labor certification application or

immigrant petition one year before expiration 3 year extension if immigrant petition approved and

quota backlog

(cont’d)



H-1B Visas

H-1B portabilityPresent or prior H-1BCommence employment upon new employer

filing petition Spouses

H-4 cannot work (until permanent residence process)

TravelDual intent

(cont’d)



H-1B Quota What is it, and what does it mean?

65,000 visas Separate quota for US-educated advanced degree

holders 20,000 visas

Separate options for Canada, Mexico, Australia, Chile and Singapore TN-1, E-3, H-1B1

Prospects for change Timing

April 1 filing date October 1 start date



Options for Dealing with H-1B Quota

Quota-exempt employment Strategies to enhance chances of getting H-1B Alternative visa options Applying for permanent residence directly



Quota-Exempt Employment

Who is not subject to the quota?UniversitiesNonprofit institutions affiliated with universitiesEmployed “at” universityNonprofit or government research organizationConcurrent employmentPrevious H-1B



Strategies to Enhance Chances of Getting H-1B

Obtaining masters degree Filing multiple years Filing first day Using previously-obtained degree Combination of education and experience Start your own business

Apply as H-1B employee



Other Visa Options F-1

OPT Going back to school

Advantages of Masters or PhD

Working overseas for U.S. employer Entering U.S. as B-1 Eligibility for L-1 after one year

Look at spouse’s status Spouse of J,E and L can work



Other Visa Options E-1 Treaty Trader

Substantial import or export Treaty country nationality Executive, supervisor, essential skill employee

E-2 Treaty Investor Substantial investment

No exact amount Treaty country nationality Investor or employee (executive, supervisory or essential skill)

L-1 Intracompany Transferee Related company (equity ownership) One year employment overseas Managerial or specialized knowledge

Overseas and U.S.

(cont’d)



H-3Corporate traineeTraining not available overseasFormal training program requiredProductive employment incidental to training Training will qualify for position abroad

Other Visa Options(cont’d)



O-1 Visas Employer sponsored Standards

National or international reputation Documentation Reference letters Length of approval

3 years Unlimited one year extensions

Spouses O-3 cannot be employed




J-1 Visas Trainee, researcher, scholar Who is subject to 2-year return? What does it mean to be subject? Options if subject:

Return home Where is home? Aggregating trips?

O-1 Waiver




Permanent Resident Status

Family Investment Asylum Employment Lottery



Spouse of U.S. citizenNo quota waitEAD and AP within 3 months

All other relationshipsLong quota waitNo interim benefits

Family



Investment

$500,000 or $1,000,000 Individual investment or regional center



Asylum

Individualized fear of persecution Race, religion, nationality, political opinion,

social group, sexual persuasion



Lottery

Only specified countries One year window Apply in October www.travel.state.gov


http://www.travel.state.gov/


Permanent Resident StatusEmployment

Employer-sponsored or self-sponsored Labor certification or

extraordinary/national interest/exceptional

Multiple petitions




Self-SponsoredExtraordinary ability

EB-1 Standard

National or international reputation “One of few at the top of peers” Key is defining field of expertise specifically

Extensive documentation required Reference letters critical

(cont’d)




National Interest Waiver EB-2 Standard

Exceptional ability or advanced degree National priority National impact

Extensive documentation required Reference letters critical May file multiple petitions

(cont’d)




Employer-SponsoredOutstanding Researcher

EB-1 “Permanent position” Similar to extraordinary ability

Multinational Manager EB-1 Same as L-1 except must be manager or executive

overseas

(cont’d)



Evaluating Eligibility

1st listed author publications Impact factor?

Citations Presentations

1st listed abstracts Book chapters Honors and awards Manuscripts reviewer Importance/narrowness of field of expertise Referees




Labor Certification Application (PERM) EB-2 or EB-3 Employer must:

Pay attorney fees and advertising costs Define “minimum requirements” Engage in required recruitment (approximately 4-5 months) Interview U.S. worker applicants Prove unavailability of qualified, interested, and available

U.S. worker Pay prevailing wage

(cont’d)




TimingElectronic filingVaries (presently approximately 8 months)Possibility of auditFirst of three steps

(cont’d)



Quotas

Per country of birth, per preference category, per fiscal year

Filing date is “priority date” EB-1 (extraordinary ability, outstanding

researcher, multinational manager)No quota wait



Quotas

EB-2 (national interest waiver and labor certification)National interest waiverLabor certification requiring

Masters degree Bachelors degree plus 5 years progressive

experience, or Exceptional ability

No quota wait, except China and India EB-3

Labor certification requiring bachelors or 2 years experience

Long quota wait for all countries

(cont’d)




I-140 Petition1st step for EB-1 and national interest waiver2nd step for PERM

Employee documents education and experience

If adjustment of status, file concurrently with I-485 if quota current

If consular immigrant visa processing, approval sent to National Visa Center

(cont’d)




I-485 (Application for Adjustment of Status to Permanent Resident)Cannot file until quota is current Importance of filing

Do not need to maintain visa status Can file for spouse and child Can get Employment Authorization Document (EAD)

(cont’d)




Can get advance parole travel document Eliminate need to obtain visas Can still maintain and extend H-1B status

Can leave employer if I-140 approved I-485 pending 180 days Similar occupation

Permanent resident upon approval Timing and delay issues

(cont’d)



Materials

Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.




Questions?


H. Ronald Klasko, Esq.

[email protected]

215.825.8600


Philadelphia New York Chicago

For Further Information


www.klaskolaw.com

www.eb1immigration.com

www.worksite-compliance.com

www.eb5immigration.com

http://blog.klaskolaw.com

online


DISCLAIMER / COPYRIGHT NOTICE

The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

Copyright © 2015 Klasko Immigration Law Partners, LLP. All rights reserved.

Copyright © 2015. All rights reserved.

immigration options immigration options for students and scholars wednesday, november 11, 2015 h....

Documents