Elise A. Fialkowski, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., Floor Madison Avenue, Suite 1518 Philadelphia, PA 19103New York, NY Tuesday, October 22, 2013 Immigration Options for Scholars and Researchers Biomedical Postdoctoral Programs

Klasko, Rulon, Stock & Seltzer, LLP Elise Fialkowski is a partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, multinational corporations, and individuals for nearly 20 years. Elise has particular expertise in worksite enforcement and she leads our worksite compliance practice. Elise regularly counsels clients regarding I-9 compliance, E-Verify, Social Security no-match letters and H-1B Labor Condition Application (LCA) compliance. She works with employers to develop proactive compliance programs and assists employers with internal audits and training. Elise has also successfully represented companies facing I-9 and H-1B LCA audits and investigations. Elise has long been active in AILA having served as Chair of the Philadelphia Chapter and on national committees. She currently serves on AILA’s TSC Liaison Committee and Philadelphia USCIS Liaison Committee. Elise has been named in Pennsylvania SuperLawyers, The International Who’s Who of Corporate Immigration Lawyers and the International Who’s Who of Business Lawyers. A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, Elise received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991). A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, (B.A.1987), Elise received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991).

Klasko, Rulon, Stock & Seltzer, LLP Intro to Permanent Residency Non-Immigrant Options, Immigrant Intent, and Timing Permanent Residency Quotas Employment Based Permanent Residency  Self Petitions  Employer Sponsored Adjustment of Status and Maintenance of Status For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP What is Permanent Residency? 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

Klasko, Rulon, Stock & Seltzer, LLP Immigrant vs. Nonimmigrant Visas Immigrant Visa  Green Card/Permanent Residency Nonimmigrant Visa (NIV)  H, F, J, O, etc.  Limited duration  Specific to employer/institution  Specific to purpose (work/study/tourism)  May need to establish “non-immigrant” intent For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant to Immigrant F-1 – attend school F-1 OPT – start work H-1B – continue working; Cap subject? Cap exempt? H-1B – change employer? 6 years maximum in H status For more information, visit

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

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Option: H-1B and the Quota What is it and what does it mean? Who is not subject to the quota?  Universities  Nonprofit institutions affiliated with universities  Nonprofit or government research organization  Previous H-1B under cap  Concurrent employment Cap Exempt to Cap Subject For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Option J-1 Visa Non-Immigrant Intent Subject to 2-year rule?  What does it mean to be subject?  Options if subject: Return home Apply for a Waiver Obtain an O-1 Visa For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Nonimmigrant to LPR J-1 two year home requirement waiverfulfill two years H-1B and/or Apply for LPR For more information, visit O-1

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Option: O-1 Visa Extraordinary Ability Factors Considered in Initial Evaluation  1 st authored articles / presentations  Citations  Book chapters / review articles  Peer reviewer / manuscript reviewer For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP O-1 Option: Alien of Extraordinary Ability Document Intensive Petition Important option if:  Cap Subject H-1B  6 Years in H-1B  J Subject to 2 years For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Moving from Non-Immigrant to Permanent Resident Non-immigrant status does not convert to green card Important to maintain non-immigrant status throughout green card application process May be impediments to travel during this process For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Application Pathways for Permanent Residency Family Investment Asylum Employment DV Lottery For more information, visit

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

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas Employment Based Preferences  First Preference (EB-1) Extraordinary Ability, Outstanding Researcher, Multinational Executive  Second Preference (EB-2) Nat’l Interest Waivers, Advanced Degreed Professionals, Bachelors plus 5 years exp.  Third Preference (EB-3) Skilled Worker (2+ years experience), Bachelor’s Degree For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for November 2013 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C08OCT0815JUN08CC 3 rd 01OCT10 22SEP0301OCT1015DEC06 Other Workers* 01OCT10 22SEP0301OCT1015DEC06 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC

Klasko, Rulon, Stock & Seltzer, LLP Employment Based (EB) Permanent Residency Employer-sponsored or self-sponsored Labor certification or outstanding researcher; extraordinary or national interest waiver Multiple petitions Multi-Step Process For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based (EB) Permanent Residency: EB-1 Extraordinary Ability/EB-1 (I-140, filing fee $580)  ‘Self-Petition’ – no need for employer sponsor  Factors Considered in Initial Evaluation 1 st authored articles/impact factors Citations to 1 st authored work Peer Review/Manuscript Review Work References from independent experts Documentation meeting regulatory Criteria  Preparation/Processing Times For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: EB-1 Outstanding Researcher/EB-1 (I-140, filing fee $580)  Similar to Extraordinary Ability  Employer sponsored petition  At least 3 Years experience  Permanent job offer  Qualified Employers: Academic Institutions Industry  At least 3 FT researchers  Recognition in field (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP EB-1 Two Part Analysis Introduced in December 2010  Does Petition Contain Evidence of Requisite Number of Criteria?  ‘Final Merits Analysis’ – does evidence demonstrate that beneficiary is one of a very few at the top of the field?  USCIS provides no clear guidelines for applying final merits analysis For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: EB-2 National Interest Waiver/EB-2 (I-140, filing fee $580)  Self-Petition, no employer sponsor required  Three Prong Test Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: Employer Sponsored Labor Certification Application (PERM)  Employer MUST Pay Costs  Recruitment Special Handling – involves teaching Professional – minimum requirements  Prevailing wage  First of 3 steps 2 nd Step – I rd Step – I-485 or IV Consular Process (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) Timing  Preference categories/quotas  Priority dates  Processing times Concurrent filing (I-140/I-485) I-485 filing fee $1070, includes:  Employment authorization (I-765)  Advance parole (I-131) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) Adjustment portability H-1B Extensions  One year  Three years Spouses (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

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Klasko, Rulon, Stock & Seltzer, LLP For Further Information Elise A. Fialkowski, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Offices: Philadelphia New York 1800 John F. Kennedy Blvd.317 Madison Avenue Floor 17 Suite 1518 Philadelphia, PA 19103New York, NY 10017

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