for Students and Scholars Klasko, Rulon, Stock & Seltzer, LLP Immigration Options for Students and Scholars Thursday, February 21, 2013 William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., Floor 17 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 wstock@klaskolaw.com www.klaskolaw.com

William A. Stock, Esq. Bill Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for over 18 years. Bill is featured in Chambers Global, Best Lawyers in America, Pennsylvania Super Lawyers, Who’s Who of Business Lawyers and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, currently serving as a national Director on the Association’s Board of Governors and chairing two national committees. He is also active in NAFSA’s Region VIII and as a Regulatory Ombudsman for the region on scholar and faculty issues. Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and has served as an Adjunct Faculty Member at Villanova University School of Law.

Immigration Options for Students and Scholars Agenda Issues with Prospective Employers H-1B Visas H-1B Quota Options for Dealing with H-1B Quota Quota-Exempt Employment Strategies to Enhance Chances of Getting H-1B OPT vs. H-1B Cap Gap Employment For more information, visit www.klaskolaw.com

Immigration Options for Students and Scholars Agenda (cont’d) Other Visa Options Permanent Resident Status – Family, Investment, Asylum, Lottery Permanent Resident Status – Employment Evaluating Eligibility Quotas Q & A Session For more information, visit www.klaskolaw.com

Issues with Prospective Employers Policies regarding H-1B Employer required to pay fees, post notice and maintain documentation Job market affects employer willingness to sponsor Policies regarding green card sponsorship Short term vs. Long term employment Employers consider long term even for H-1B sponsorship For more information, visit www.klaskolaw.com

H-1B Visas Basic requirements Job Offer Specialty occupation Part-time or full-time Specialty occupation Job requires bachelors or higher degree in specific field Prevailing wage Bachelors or higher degree Determine U.S. equivalence of foreign degree Combination of education and experience For more information, visit www.klaskolaw.com

H-1B Visas Procedure and processing time (cont’d) Procedure and processing time File Labor Condition Application with DOL File H-1B petition with CIS Change of status or consular visa issuance Processing time 3 to 6 months 15 days or less with premium processing For more information, visit www.klaskolaw.com

H-1B Visas Length of approval and extensions (cont’d) Length of approval and extensions 3 year initial approval and 3 year extension 6 year maximum – any combination of employers Extensions 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 For more information, visit www.klaskolaw.com

H-1B Visas H-1B portability Spouses Travel Present or prior H-1B (cont’d) H-1B portability Present or prior H-1B Commence employment upon new employer filing petition Spouses H-4 cannot work (limited proposal to change) Travel Dual intent For more information, visit www.klaskolaw.com

H-1B Quota What is it, and what does it mean? Timing 65,000 visas base, plus 20,000 additional for US advanced degree holders Timing April 1 filing date October 1 start date Who is not subject to the quota? Universities & their nonprofit affiliates Employed “at” university Nonprofit or government research organization Concurrent employment Previous H-1B For more information, visit www.klaskolaw.com

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? For more information, visit www.klaskolaw.com

OPT vs. H-1B Maximize use of OPT time Tax benefit to OPT Advantage to getting H-1B quota number How to get best of both For more information, visit www.klaskolaw.com

Cap Gap Employment Work authorization between end of OPT and October 1 Cannot travel out of country For more information, visit www.klaskolaw.com

Other Visa Options F-1 Working overseas for U.S. employer Going back to school Separate options for Canada, Mexico, Australia, Chile and Singapore TN-1, E-3, H-1B1 Working overseas for U.S. employer Look at spouse’s status Spouse of J, E and L can work For more information, visit www.klaskolaw.com

Other Visa Options J-1 Visas O-1 Waiver Trainee, researcher, scholar (cont’d) 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 For more information, visit www.klaskolaw.com

Other Visa Options E-1 Treaty Trader E-2 Treaty Investor (cont’d) 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 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. For more information, visit www.klaskolaw.com

Other Visa Options O-1 Visas Employer sponsored Standards (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 For more information, visit www.klaskolaw.com

Permanent Resident Status Family Investment Asylum Employment Lottery For more information, visit www.klaskolaw.com

Family Spouse of U.S. citizen All other relationships No quota wait EAD and AP within 3 months All other relationships Long quota wait No interim benefits For more information, visit www.klaskolaw.com

Investment $500,000 or $1,000,000 Individual investment or regional center For more information, visit www.klaskolaw.com

Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit www.klaskolaw.com

Lottery Only specified countries One year window Apply in October www.travel.state.gov For more information, visit www.klaskolaw.com

Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions For more information, visit www.klaskolaw.com

Permanent Resident Status Employment Self-Sponsored Extraordinary ability EB-1 Standard National or international reputation “One of few at the top of peers” Key is defining field of expertise specifically First? Only? Best? Media publicity Extensive documentation required Reference letters critical (cont’d) For more information, visit www.klaskolaw.com

Permanent Resident Status Employment (cont’d) National Interest Waiver EB-2 Standard Exceptional ability or advanced degree National priority National impact Extensive documentation required Reference letters critical For more information, visit www.klaskolaw.com

Permanent Resident Status Employment (cont’d) Employer-Sponsored Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability Multinational Manager Same as L-1 except must be manager or executive overseas For more information, visit www.klaskolaw.com

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 For more information, visit www.klaskolaw.com

Permanent Resident Status Employment (cont’d) 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 For more information, visit www.klaskolaw.com

Permanent Resident Status Employment (cont’d) Timing Mandatory Recruitment Steps (60-120 days) Filing and Initial Review (4-5 months) Audit Review, if Audited (5+ months additional) First of three steps: Quotas determine overall time For more information, visit www.klaskolaw.com

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 For more information, visit www.klaskolaw.com

Quotas EB-2 (national interest waiver and labor certification) EB-3 (cont’d) EB-2 (national interest waiver and labor certification) National interest waiver Labor 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 For more information, visit www.klaskolaw.com

Permanent Resident Status Employment (cont’d) I-140 Petition 1st step for EB-1 and national interest waiver 2nd 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 For more information, visit www.klaskolaw.com

Permanent Resident Status Employment (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) For more information, visit www.klaskolaw.com

Permanent Resident Status Employment 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) For more information, visit www.klaskolaw.com

Materials Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles. For more information, visit www.klaskolaw.com

Questions ? For more information, visit www.klaskolaw.com

For Further Information William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP E-mail: wstock@klaskolaw.com Telephone: 215-825-8600 (Philadelphia) 212-796-8840 (New York) Offices: Philadelphia New York 1800 John F. Kennedy Boulevard 317 Madison Avenue Floor 17 Suite 1518 Philadelphia, PA 19103 New York, NY 10017

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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 © 2013 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © 2013. All rights reserved.