Hot Topics in Immigration 2008 Tuesday, October 21, 2008 H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor317 Madison Ave. Suite 1518 Philadelphia, PA New York, NY

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 leading universities, research institutions, hospitals, multinational corporations, and individuals for over 25 years. Ron is a former National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. He is a past Chair of AILA’s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is one of only two recipients of the American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law. Ron has been chosen as one of twelve top tier immigration lawyers in the U.S. by The Chambers Global Guide. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers 2007 and 2008 editions selected Ron as the “most highly regarded” business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration 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.

Klasko, Rulon, Stock & Seltzer, LLP Introduction / Hot Topics Immigration in the news  System broken  Prospects for change

Klasko, Rulon, Stock & Seltzer, LLP Quotas H-1B H-2B Immigrants (green cards)

Klasko, Rulon, Stock & Seltzer, LLP E-Verify What is it? Advantages / disadvantages Why important  Pending legislation  State legislation  Government contractors  ICE raids  OPT extension

Klasko, Rulon, Stock & Seltzer, LLP EB-5s (Investors) Individual Regional centers

Klasko, Rulon, Stock & Seltzer, LLP Options for Corporate Hires / Transfers L-1 (Intracompany transferee)  Corporate relationship (parent, subsidiary, affiliate, branch office)  One year employment abroad  Executives, managers, specialized knowledge employees only  Executives/managers – 7 years (3/2/2)  Specialized employees – 5 years (3/2)

Klasko, Rulon, Stock & Seltzer, LLP Options for Corporate Hires / Transfers  Start-up companies – 1 year initially  Multinational manager green card option for executives/managers only  L-2 spouses can work  Dual intent for green card applicants (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP E-2 (Treaty Investor) or E-1 (Treaty Trader) Companies Only for nationals of treaty countries Company must be approved first  Nationality  Substantial investment or substantial trade Individual employees – managers, supervisors, essential skill employees Visa one to five years; each entry two years E-1/E-2 spouses can work Modified dual intent

Klasko, Rulon, Stock & Seltzer, LLP H-1B (Professional employees) Specialty occupation Bachelors, bachelors equivalent or advanced degree Quota  65,000 plus 20,000 for US advanced degrees  Apply April 1; effective October 1  OPT can continue working  Exemptions from quota  Alternative options

Klasko, Rulon, Stock & Seltzer, LLP H-1B (Professional employees) H-1B portability Six years (3/3)  Possible extensions if green card in process H-4 spouses cannot work Dual intent for green card applicants (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP O-1 (Extraordinary ability) Standard very high Uses  In lieu of H-1B  H-1B 6 years expiring  J-1 with two-year return requirement  Precursor to green card (EB-1)

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence General issues Quotas  Preference (EB-1, 2, 3)  Country Processing times When to start Travel issues Spouse and children issues

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Multinational managers  EB-1  One year of active business operations Extraordinary ability  EB-1  Self-sponsored or employer-sponsored National interest waiver  EB-2  Self-sponsored or employer-sponsored (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Labor certification (PERM)  EB-2 or EB-3  Employer must file and pay legal fees and advertising costs  Electronic filing/audit system  Timing  Requirements (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Options for Individual Entrepreneurs and Investors L-1 start-up company E-1/E-2 start-up company EB-5

Klasko, Rulon, Stock & Seltzer, LLP Individual EB-5s Amount of investment  $500,000 or $1,000,000 New commercial enterprise  Starting new business  Acquiring/reorganizing business  Expanding business – 40% of net worth or employees Creating employment  Adding 10 full-time jobs for U.S. workers  Maintaining jobs for troubled businesses

Klasko, Rulon, Stock & Seltzer, LLP Individual EB-5s Involvement in the business Lawful source of funds/tracing of funds Conditional permanent residence  Condition removal (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Regional Center EB-5s Very successful program  U.S. – investment dollars and jobs  Individual – best or only solution for many Pilot program  Extension pending Advantages  Usually $500,000  Indirect employment creation  Investment project pre-approved  Can live/work anywhere

Klasko, Rulon, Stock & Seltzer, LLP Regional Center EB-5s Choosing regional center  30 approved  Philadelphia and Seattle most successful (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Questions ?

Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP (Philadelphia) (New York)