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Hot Topics in Immigration Law for Clinicians & Post-Docs Suzanne Seltzer, Esq. Kate Kalmykov, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New.

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Presentation on theme: "Hot Topics in Immigration Law for Clinicians & Post-Docs Suzanne Seltzer, Esq. Kate Kalmykov, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New."— Presentation transcript:

1 Hot Topics in Immigration Law for Clinicians & Post-Docs Suzanne Seltzer, Esq. Kate Kalmykov, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 www.klaskolaw.com

2 Klasko, Rulon, Stock & Seltzer, LLP Suzanne B. Seltzer, Esq.  Suzanne B. Seltzer is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP, and manages the New York office. Suzanne is well known for her representation of universities, hospitals and research institutions and their medical and research personnel in obtaining extraordinary ability and national interest waiver immigrant petitions, O-1 nonimmigrant visas, and waivers of the two-year home country residence requirement. Suzanne holds several leadership positions within the immigration bar. She is the current Chair of the Vermont Service Center Liaison Committee, co-Chairs the National Coalition for Access to Healthcare, and is the past Co-Chair of AILA’s NY District Director Liaison Committee. Suzanne was honored with the Cornerstone Award by the Lawyers Alliance for New York in recognition of her outstanding contributions to pro bono work on behalf of non-profit agencies, and the Samuel E. Klein Pro Bono Award for her work on behalf of victims of human trafficking. Suzanne is named in The Best Lawyers in America, Best Lawyers in New York, SuperLawyers, and holds the highest rating of “AV” (LexisNexis Martindale-Hubbell). Suzanne obtained her JD from Georgetown University Law Center.

3 Klasko, Rulon, Stock & Seltzer, LLP Kate Kalmykov, Esq. Kate Kalmykov, an Associate in the Firm's New York City office, focuses her practice on business immigration. Kate has extensive experience working with various human resources departments on employment verification and worksite enforcement matters including I-9 and H-1B audits. Kate has handled numerous family and naturalization based matters and has successfully resolved security name check delays for adjustment of status and naturalization applicants through the filing of mandamus actions in federal district court. Kate received her J.D. from the American University and is admitted to practice in New York and New Jersey. A member of the American Immigration Lawyers Association, Kate is a member of the Corporate Practice and CLE committees of its New York Chapter.

4 Klasko, Rulon, Stock & Seltzer, LLP Hot Topics in Immigration Law Agenda Current Issues in H-1B Visas Current Issues J-1 Visas Current Issues in O-1 Visas Permanent Residence Status Travel Issues Q&As

5 Klasko, Rulon, Stock & Seltzer, LLP H-1B Basic requirements Procedure and processing times Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Travel

6 Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota What is it and what does it mean? Who is not subject to the quota?  Universities  Nonprofit institutions affiliated with universities  Employed “at” university  Nonprofit or government research organization  Previous H-1B under cap  Concurrent employment Strategies and timing

7 Klasko, Rulon, Stock & Seltzer, LLP J-1 Who is subject to 2-year home residency requirement? What does it mean to be subject? Options if subject  Return home Where is home? Aggregating trips  O-1  Waiver

8 Klasko, Rulon, Stock & Seltzer, LLP J-1 Waiver Options Waiver options  Hardship  Persecution  Federal government agency waiver HHS waiver VA waiver ARC Waiver DRA waiver  State 30 waiver (clinical only)  No objection waiver (researchers only)

9 Klasko, Rulon, Stock & Seltzer, LLP O-1 Employer sponsored Standards Documentation Reference letters Processing time/issues Length of approval Extensions

10 Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Family Employment Investment Asylum Timing  Quotas/priority dates  Processing times

11 Klasko, Rulon, Stock & Seltzer, LLP Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest Extraordinary Ability/Outstanding Researcher  EB-1  Standards  Documentation  Reference letters National Interest Waiver  EB-2  Standards

12 Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Labor Certification Application PERM program first of 3 steps Recruitment Prevailing wage Legal issues Timing Employer Pays I-140 Immigrant Petition second of 3 steps

13 Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status Third Step Timing  Preference categories/quotas  Priority dates  Processing times Employment authorization Advance parole Adjustment portability H-1b extensions

14 Klasko, Rulon, Stock & Seltzer, LLP Travel Issues Potential Problems  Intent to return – F & J vs. H &O  Visa interview delays  Security clearances  Technology Alert List  222(g) Possible solutions  Don’t travel  Canada/Mexico  Advance Parole

15 Klasko, Rulon, Stock & Seltzer, LLP Questions ?

16 Klasko, Rulon, Stock & Seltzer, LLP Contact Information Suzanne Seltzer, Esq. Telephone: 212-796-8846 Fax: 212-297-1799 Email: sseltzer@klaskolaw.comsseltzer@klaskolaw.com Kate Kalmykov, Esq. Telephone: 212-796-8856 Fax: 212-297-1799 Email: kkalmykov@klaskolaw.comkkalmykov@klaskolaw.com Please also visit our website at www.klaskolaw.comwww.klaskolaw.com


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