Immigration Options for Students and Scholars William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., Floor Madison Ave., Suite 1518 Philadelphia, PA New York, NY Tuesday, February 21, 2012

Klasko, Rulon, Stock & Seltzer, LLP 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.

Klasko, Rulon, Stock & Seltzer, LLP 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 Immigration Options for Students and Scholars Agenda For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Other Visa Options Permanent Resident Status – Family, Investment, Asylum, Lottery Permanent Resident Status – Employment Evaluating Eligibility Quotas Q & A Session (cont’d) Immigration Options for Students and Scholars Agenda For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Basic requirements  Job Offer 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 H-1B Visas For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas 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 (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas 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 (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas 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 (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota What is it, and what does it mean?  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

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Cap Gap Employment Work authorization between end of OPT and October 1 Cannot travel out of country For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Other Visa Options F-1  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

Klasko, Rulon, Stock & Seltzer, LLP 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 Other Visa Options (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Other Visa Options 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  Treaty country nationality  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. (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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 Other Visa Options (cont’d) For more information, visit

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

Klasko, Rulon, Stock & Seltzer, LLP Spouse of U.S. citizen  No quota wait  EAD and AP within 3 months All other relationships  Long quota wait  No interim benefits Family For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Investment $500,000 or $1,000,000 Individual investment or regional center For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Lottery Only specified countries One year window Apply in October 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 Multiple petitions For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment  National Interest Waiver EB-2 Standard  Exceptional ability or advanced degree  National priority  National impact Extensive documentation required Reference letters critical (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-Sponsored  Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability  Multinational Manager EB-1 Same as L-1 except must be manager or executive overseas (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Evaluating Eligibility 1 st listed author publications  Impact factor? Citations Presentations  1 st listed abstracts Book chapters Honors and awards Manuscripts reviewer Importance/narrowness of field of expertise Referees For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment  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 (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Timing  Mandatory Recruitment Steps ( days)  Filing and Initial Review (4-5 months)  Audit Review, if Audited (5+ months additional)  First of three steps: Quotas determine overall time (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Quotas 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 (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 Questions ? For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP For Further Information William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Website: Blog: