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Matthew T. Galati, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1601 Market Street, Suite 2600317 Madison Avenue, Suite 1518 Philadelphia,

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Presentation on theme: "Matthew T. Galati, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1601 Market Street, Suite 2600317 Madison Avenue, Suite 1518 Philadelphia,"— Presentation transcript:

1 Matthew T. Galati, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1601 Market Street, Suite Madison Avenue, Suite 1518 Philadelphia, PA New York, NY Immigration Options Post Student Years: Immigration Options Thursday, May 1, 2014

2 Klasko, Rulon, Stock & Seltzer, LLP Matthew T. Galati, Esq. Matt Galati is an Associate in the Philadelphia office. He provides immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals. Matt focuses much of his practice on handling employment-based visas and ensuring clients’ worksite compliance. Matt is currently admitted to practice law in Pennsylvania and Virginia. Matt received his law degree from The George Washington University Law School (J.D., with Honors, 2010) and his Bachelor of Arts in Politics and History from The University of Virginia (2007). Matt currently serves as the political Advocacy Chair of the local AILA chapter, focusing his efforts on advocating for immigration reform. During law school, Matt was an Associate of The George Washington University International Law Review. Prior to joining the Firm, Matt practiced in a civil litigation firm in Washington, D.C.

3 Klasko, Rulon, Stock & Seltzer, LLP Agenda Non-Immigrant Status H-1B Requirements H-1B Alternatives Introduction to Permanent Residency Q&As For more information, visit

4 Klasko, Rulon, Stock & Seltzer, LLP Non-Immigrant Visas Non-Immigrant Status (NIV)  H, F, J, O, etc.  Limited duration  Specific to employer / institution  Specific to purpose (work/study/tourism)  May require a showing of non-immigrant intent For more information, visit

5 Klasko, Rulon, Stock & Seltzer, LLP Maintaining Lawful Status ‘Status’  Permission to remain in the U.S. for a fixed period  Denoted by ‘I-94’ card (for Fs – with I-20; for Js – with DS-2019)  Permissible activities in the U.S. determined by status  Can only hold status in one classification at a time (i.e. - cannot have an F and an H) For more information, visit

6 Klasko, Rulon, Stock & Seltzer, LLP Maintaining Lawful Status I-94, Arrival / Departure Record  Two ways to obtain: Port of Entry – requires visa Change or Extension of status  Governs Status Denotes classification (F, J, H, O) Denotes period of stay Surrendered upon departure, given up with status For more information, visit (cont’d)

7 Klasko, Rulon, Stock & Seltzer, LLP Post F/J NIV Options H-1B Visas H-1B: ‘specialty occupation’  Employer petition on your behalf  Legal/filing fees to be paid by employer  Position that normally requires at least a bachelors degree in a related field  Employer must agree to pay ‘prevailing wage’ For more information, visit

8 Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas Part-time or full-time Length of approval Extensions Portability Maximum in H status 6 years total CAP on number of H-1Bs issued each year For more information, visit

9 Klasko, Rulon, Stock & Seltzer, LLP H-1B Issues for Start-Ups For more information, visit Must have employer tax I.D. number Company owned by H-1B employee?  Must be W-2 employee  Separate entity from owner/employee Company right of control over employee Is there a Board of Directors? Who has ability to hire/fire

10 Klasko, Rulon, Stock & Seltzer, LLP H-1B Issues for Start-Ups For more information, visit Company must prove  Financial ability to pay salary  Real job to be done by H-1B  Place of business Business plan/financial projections Prevailing Wage  CEO vs. function-descriptive position (cont’d)

11 Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota For more information, visit What is it and what does it mean?  20,000 for US awarded advanced degrees FY 2014 gone on April 1-5 (Lottery) FY 2013 gone by June 7, 2012 FY 2012 gone by October 19, 2011 FY 2011 gone by December 22, 2010 FY 2010 gone on April 1-5 (Lottery) FY 2009 gone on April 1-5 (Lottery)

12 Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota (cont’d) For more information, visit 65,000 H-1Bs  FY 2014 gone on April 1-5 (Lottery)  FY 2013 gone by June 11, 2012  FY 2012 gone by November 22, 2011  FY 2011 gone by January 26, 2011  FY 2010 gone by December 2009  FY 2009 gone by April 2008  FY 2008 gone by April 2007

13 Klasko, Rulon, Stock & Seltzer, LLP Avoiding H-1B Quota Exemption based on employer  Universities  Non-profits affiliated with universities Increased scrutiny of affiliations  Non-profit research organizations  Government research organizations For more information, visit

14 Klasko, Rulon, Stock & Seltzer, LLP Avoiding H-1B Quota Exemption based on employee  Previously counted (in last 6 years)  Singapore/Chile  Concurrent employment (cont’d) For more information, visit

15 Klasko, Rulon, Stock & Seltzer, LLP Change of status vs. consular visa issuance  Visa – Permission to re-enter the U.S. after a trip abroad (stamp in passport)  Need visa in specific classification to re-enter in that status  Status – Permission to remain in the U.S. for a fixed period (denoted by ‘I-94’ card and I-20 or DS-2019)  Only hold status in one classification at a time (i.e. – cannot have an F and an H) For more information, visit Travel and Status Issues for H-1B Approvals

16 Klasko, Rulon, Stock & Seltzer, LLP Travel and Status Issues Travel after April 1  Depart US, relinquish I-94  F visa to come back to use OPT?  What about H? What happens to petition? Maintaining status until October 1  “Cap gap” relief  OPT must be valid at time H-1B petition is filed  Extends only until September 30 (cont’d) For more information, visit

17 Klasko, Rulon, Stock & Seltzer, LLP H-1B Alternatives: Ls L-1: ‘intracompany transfer’  Must have worked for petitioning company overseas for at least one year in the last three years  For execs, managers, or special knowledge  Spouse eligible for employment authorization  Maximum 7 years in L status For more information, visit

18 Klasko, Rulon, Stock & Seltzer, LLP Alternatives: Es Must be national of treaty country  Employing company must be owned at least 50% by treaty country nationals No quota and can be extended indefinitely Spouse eligible for employment authorization For more information, visit

19 Klasko, Rulon, Stock & Seltzer, LLP Alternatives: TN Citizens of Canada and Mexico Must have employer and job offer Profession must be on the NAFTA list Applicant must have qualifications as indicated on NAFTA list Must evidence non-immigrant intent For more information, visit

20 Klasko, Rulon, Stock & Seltzer, LLP Alternatives I visa – journalists for media outside US O visa  Artists with distinction in field; or  Scientists with extraordinary ability E-3 – Australians only, similar to H-1B Dependent on spouse visa For more information, visit

21 Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Authorization to Live & Work Indefinitely in the United States “Immigrant Visa” The “Green Card” or “Form I-551” Not always ‘forever’ – may be abandoned or taken away For more information, visit

22 Klasko, Rulon, Stock & Seltzer, LLP Immigrant vs. Non-Immigrant Immigrant Visa  Green Card/Permanent Residency Non-Immigrant Visa (NIV)  H, F, J, O, etc.  Limited duration  Specific to employer/institution  Specific to purpose (work/study/tourism) For more information, visit

23 Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant to Immigrant F-1 – attend school F-1 OPT – start work H-1B/L-1 – continue working; max 6 years total in H, 7 in L H-1B – change employer, continues to count against 6 years maximum (L trickier to change) For more information, visit

24 Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant to Immigrant H-1B – change employer, requires new petition may start working under ‘H-1B portability’ 4 th Year H-1B status – start thinking about LPR Maintain NIV status until LPR 6 years in H-1B, other options? Eligible to file adjustment of status? For more information, visit

25 Klasko, Rulon, Stock & Seltzer, LLP How Do I Apply? Family Investment Asylum Employment DV Lottery For more information, visit

26 Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Quotas For more information, visit ■Annual Limit on Permanent Residency ■Per Country Limit – 7% ■Allocated by:  Priority Date – place in line  Preference Category

27 Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Quotas ■Employment Based Preference Categories:  First Preference (EB-1) ■Extraordinary Ability ■Outstanding Researcher ■Multinational Executive  Second Preference (EB-2) ■Advanced Degree Professionals ■Equivalent  Bachelors plus 5 years experience  Exceptional Ability For more information, visit (cont’d)

28 Klasko, Rulon, Stock & Seltzer, LLP ■Third Preference (EB-3)  Skilled Worker (2+ years experience)  Bachelor’s Degree ■Fifth Preference (EB-5)  $1 Million Investment in the U.S. that creates at least 10 U.S. jobs Permanent Residence Quotas For more information, visit (cont’d)

29 Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for May 2014 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C15APR0915NOV04CC 3 rd 01OCT12 01OCT0301OCT1201NOV07 Other Workers* 01OCT12 01OCT0301OCT1201NOV07 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC

30 Klasko, Rulon, Stock & Seltzer, LLP Considerations in Employment Based Applications Employer-sponsored or self-sponsored Labor certification or extraordinary/NIW Filing multiple under different categories? Multi-Step Process  Department of Labor?  USCIS: I-140  USCIS: I-485 Non-Immigrant Status? For more information, visit

31 Klasko, Rulon, Stock & Seltzer, LLP Materials Please visit to download this PowerPoint presentation and relevant articles. For more information, visit

32 Klasko, Rulon, Stock & Seltzer, LLP For more information, visit

33 Klasko, Rulon, Stock & Seltzer, LLP For Further Information Matthew T. Galati, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Offices: PhiladelphiaNew York 1601 Market Street317 Madison Avenue Suite 2600Suite 1518 Philadelphia, PA New York, NY 10017

34 Klasko, Rulon, Stock & Seltzer, LLP online

35 Klasko, Rulon, Stock & Seltzer, LLP 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 © 2014 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © All rights reserved.


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