H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP PhiladelphiaNew York 1601 Market Street, Suite Madison Avenue, Suite 1518 Philadelphia, PA 19103New York, NY Students,Entrepreneurship and Visas Friday, October 10, 2014

Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, 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 Corporate Immigration Law edition selected Ron as one of the three “most highly regarded” immigration lawyers in the world from 2007 to 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.

Klasko, Rulon, Stock & Seltzer, LLP 2014 Issues More job offers H-1B quota issues Tensions for investors and entrepreneurs between:  Obama Administration support vs.  USCIS restrictive attitudes Legislative inaction For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Options for the F-1 Student 20 hours per week on campus OPT after complete studies Options for the entrepreneur  On-campus employment must be services for students  OPT employment must be related to studies Starting company while a student See “Murky F-1 Employment Issues” ( For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B – General Issues General requirements Procedure and processing time Length of approval and extensions H-1B portability Travel – dual intent For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota Past years 2014 What it means Employment during “cap gap” For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Issues for Start-Up Business Must establish company with employer tax I.D. number Company can be 100% owned by H-1B employee  Must be W-2 employee  Company separate entity from owner/employee  Independent Board of Directors or other mechanism For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Issues for Start-Up Business Company must prove  Financial ability to pay salary Profits and/or capitalization  Real job to be done by H-1B  Place of business (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Issues for Start-Up Business Importance of business plan/financial projections Other employees helpful – not required Prevailing Wage  CEO vs. function-descriptive position “Specialty Occupation”  Use of concepts learned in courses (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Issues for Search Funds Proving real business Proving 3 years Job description Specialty occupation Other issues For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Other Nonimmigrant (Temporary) Options Treaty (E) Visas Must be national of treaty country  Company must be owned at least 50% by treaty country nationals For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP (cont’d) Other Nonimmigrant (Temporary) Options Treaty (E) Visas Visa for 1 to 5 years  Each entry limited to two years  Visa and entry can be extended indefinitely No quota Spouse can work For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Treaty traders (E-1)  “Substantial” import or export  Majority between U.S. and treaty country  Can be manager, supervisor or “essential skill” employee (cont’d) Other Nonimmigrant (Temporary) Options Treaty (E) Visas For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Other Nonimmigrant (Temporary) Options Treaty (E) Visas Treaty investors (E-2)  “Substantial” investment No exact amount Varies depending upon type of investment Relevant issues  Amount of investment  Number of employees  Needs of business  Likely profitability and growth potential Business plan and financial projections critical (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Visa applicant can be  Investor or  Manager, supervisor or essential employee (cont’d) Other Nonimmigrant (Temporary) Options Treaty (E) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Intracompany Transferee (L-1) Visas National of any country No quota Length of visa  Start up 1 year  Established business 3 years  Maximum length 7 years For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Intracompany Transferee (L-1) Visas Spouse can work Must be “international” business  Business outside U.S. with at least 50% common ownership  Must be employed by that business one year Type of employment (in U.S. and overseas companies)  Manager or executive  “Specialized knowledge” employee (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Intracompany Transferee (L-1) Visas (cont’d) Start-up issues  Place of business  Employees  Capitalization  Need for “manager”  Business plan and financial projections For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Extraordinary Ability (O-1) Visas National or international renown “One of a few at the top of his peers” Must be employer or agent  Can be own company Length of visa  3 years  1 year extensions  Can extend indefinitely For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Family Employment Investment Asylum Lottery For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Investment (EB-5) Amount of investment  $1,000,000 or  $500,000 in “targeted employment area” For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Two possibilities  Individual investment Requires 10 full time US citizen or permanent resident employees  Regional center investment Over 500 USCIS – approved regional centers Mostly $500,000 investment Indirect employment creation ok 90-95% of all EB-5 applications (cont’d) For more information, visit Permanent Resident Status Investment (EB-5)

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Investment (EB-5) Lawful source of funds  Extensive documentation required  Can be gift Must prove giftor's source of funds  Can borrow money (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Investment (EB-5) Nature of investor’s relationship to business  Do not have to be employee (but can)  Do not have to be owner (but can) Cannot be purely passive  Limited partner ok (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary / national interest / exceptional / investment Multiple petitions For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Self-Sponsored  Extraordinary ability or national interest waiver Extensive documentation required Reference letters critical (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-Sponsored  Multinational Manager Same as L-1 except must be manager or executive overseas (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment  Labor Certification Application (PERM) 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 Usually not available to owner of business (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment I-140 Petition  1 st step for EB-1 and national interest waiver  2 nd 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) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment 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) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

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

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

Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Offices: PhiladelphiaNew York 1601 Market Street317 Madison Avenue Suite 2600Suite 1518 Philadelphia, PA 19103New York, NY 10017

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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.