Feige M. Grundman, Esq. Klasko Immigration Law Partners, LLP Philadelphia New York Chicago After OPT: Navigating Immigration and Your Career November 16, 2015

Klasko Immigration Law Partners, LLP Feige M. Grundman, Esq. Feige M. Grundman is a Senior Associate in the Firm’s Philadelphia office. Feige's practice has focused exclusively on immigration and nationality law since Her practice includes the representation of leading universities, hospitals, Fortune 500, multinational, and private companies with high volume employment based non-immigrant and immigrant visa matters. A graduate of the University of Pittsburgh School of Law (J.D. 2005), Feige received her undergraduate degree, with Honors, from Carnegie Mellon University (B.S. 2000). Feige is an active member of the American Immigration Lawyers Association and is admitted to practice law in Pennsylvania, New Jersey and Florida.

Klasko Immigration Law Partners, LLP Agenda Non-Immigrant Status H-1B Requirements H-1B Alternatives Introduction to Permanent Residency Q&As For more information, visit

Klasko Immigration Law Partners, LLP Non-Immigrant Visas Non-Immigrant Status (NIV)  H, F, J, O, etc.  Limited duration  Specific to employer / institution  Specific to purpose (work/study/tourism)  May require a showing of non-immigrant intent For more information, visit

Klasko Immigration Law Partners, LLP Maintaining Lawful Status “Status”  Permission to remain in the U.S. for a fixed period  Denoted by I-94 record (for Fs – with I-20; for Js – with DS-2019)  Permissible activities in the U.S. determined by status  Can only hold status in one classification at a time (i.e. – cannot have an F and an H) For more information, visit

Klasko Immigration Law Partners, LLP Maintaining Lawful Status I-94, Arrival / Departure Record  Two ways to obtain: Port of Entry – requires visa Change or Extension of status  Governs Status Denotes classification (F, J, H, O) Denotes period of stay Surrendered upon departure, given up with status For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Post F/J NIV Options H-1B Visas H-1B: “specialty occupation”  Employer petition on your behalf  Legal/filing fees to be paid by employer  Position that normally requires at least a bachelors degree in a related field  Employer must agree to pay “prevailing wage” For more information, visit

Klasko Immigration Law Partners, LLP H-1B Visas Part-time or full-time Length of approval Extensions Portability Maximum in H status 6 years total CAP on number of H-1Bs issued each year For more information, visit

Klasko Immigration Law Partners, LLP Change of status vs. consular visa issuance  Visa – Permission to re-enter the U.S. after a trip abroad (stamp in passport)  Need visa in specific classification to re-enter in that status  Status – Permission to remain in the U.S. for a fixed period (denoted by I-94 and I-20; or DS-2019)  Only hold status in one classification at a time (i.e. – cannot have an F and an H) For more information, visit Travel and Status Issues for H-1B Approvals

Klasko Immigration Law Partners, LLP Travel and Status Issues Travel after April 1  Depart U.S., relinquish I-94  F visa to come back to use OPT?  What about H? What happens to petition? Maintaining status until October 1  “Cap gap” relief  OPT must be valid at time H-1B petition is filed  Extends only until September 30 (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP H-1B Quota For more information, visit 20,000 for U.S. awarded advanced degrees FY 2016 gone on April 1-5 (Lottery) FY 2015 gone on April 1-5 (Lottery) FY 2014 gone on April 1-5 (Lottery) FY 2013 gone by June 7, 2012 FY 2012 gone by October 19, 2011 FY 2011 gone by December 22, 2010 FY 2010 gone on April 1-5 (Lottery) FY 2009 gone on April 1-5 (Lottery)

Klasko Immigration Law Partners, LLP H-1B Quota (cont’d) For more information, visit 65,000 H-1Bs  FY 2016 gone on April 1-5 (Lottery)  FY 2015 gone on April 1-5 (Lottery)  FY 2014 gone on April 1-5 (Lottery)  FY 2013 gone by June 11, 2012  FY 2012 gone by November 22, 2011  FY 2011 gone by January 26, 2011  FY 2010 gone by December 2009  FY 2009 gone by April 2008

Klasko Immigration Law Partners, LLP Avoiding the H-1B Quota Exemption based on employer  Universities  Non-profits affiliated with universities Increased scrutiny of affiliations  Non-profit research organizations  Government research organizations For more information, visit

Klasko Immigration Law Partners, LLP Avoiding the H-1B Quota Exemption based on employee  Previously counted (in last 6 years)  Singapore/Chile  Concurrent employment (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP H-1B Alternatives: OPT STEM OPT extension (17 months)  STEM graduates  E-Verify employers STEM OPT proposed Rule  24 months of extension  Additional monitoring  Public comment until November 18; hoping for final rule by February 2016 For more information, visit

Klasko Immigration Law Partners, LLP H-1B Alternatives: H-4 H-4 work authorization eligibility  Principal H-1B holder has an approved I-140  Principal H-1B holder has been granted AC-21 extension Process  I-765 application  Consider processing times  Bona fide marriage For more information, visit

Klasko Immigration Law Partners, LLP H-1B Alternatives: Ls L-1: intracompany transfer  Must have worked for petitioning company overseas for at least one year in the last three years  For execs, managers, or special knowledge  Spouse eligible for employment authorization  Maximum 7 years in L status NOTE: H & L combined – max 7 years For more information, visit

Klasko Immigration Law Partners, LLP Alternatives: 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 Immigration Law Partners, LLP Alternatives: Es Must be national of treaty country  Employing company must be owned at least 50% by treaty country nationals No quota and can be extended indefinitely Spouse eligible for employment authorization For more information, visit

Klasko Immigration Law Partners, LLP Alternatives: TN Citizens of Canada and Mexico Must have employer and job offer Profession must be on the NAFTA list Applicant must have qualifications as indicated on NAFTA list Must evidence non-immigrant intent For more information, visit

Klasko Immigration Law Partners, LLP Alternatives O visa  Artists with distinction in field; or  Scientists with extraordinary ability E-3 – Australians only, similar to H-1B Dependent on spouse visa For more information, visit

Klasko Immigration Law Partners, LLP Permanent Residence 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 Immigration Law Partners, LLP Immigrant vs. Non-Immigrant Immigrant Visa  Green Card/Permanent Residency Non-Immigrant Visa (NIV)  H, F, J, O, etc.  Limited duration  Specific to employer/institution  Specific to purpose (work/study/tourism) For more information, visit

Klasko Immigration Law Partners, LLP Nonimmigrant to Immigrant F-1 – attend school F-1 OPT – start work H-1B/L-1 – continue working; max 6 years total in H (5 or 7 in L) H-1B – change employer, continues to count against 6 years maximum (L trickier to change) For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, LLP How Do I Apply? Family Investment Asylum Employment DV Lottery For more information, visit

Klasko Immigration Law Partners, LLP Permanent Residence Quotas For more information, visit ■Annual Limit on Permanent Residency ■Per Country Limit – 7% ■Allocated by:  Priority Date – place in line  Preference Category

Klasko Immigration Law Partners, LLP Permanent Residence Quotas ■Employment Based Preference Categories:  First Preference (EB-1) ■Extraordinary Ability ■Outstanding Researcher ■Multinational Executive  Second Preference (EB-2) ■Advanced Degreed Professionals ■Equivalent  Bachelors plus 5 years experience  Exceptional Ability For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP ■Third Preference (EB-3)  Skilled Worker (2+ years experience)  Bachelor’s Degree ■Fifth Preference (EB-5)  $1 Million Investment in the U.S. that creates at least 10 U.S. jobs Permanent Residence Quotas For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for December 2015 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C01FEB1201JUN07CC 3 rd 01SEP1515APR1222APR0401SEP1501AUG07 Other Workers* 01SEP1501AUG0622APR0401SEP1501AUG07 4 th CCCCC Certain Religious Workers C15DEC13CCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs C15DEC13CCC

Klasko Immigration Law Partners, LLP Considerations in Employment Based Applications Employer-sponsored or self-sponsored Labor certification or extraordinary/NIW Filing multiple under different categories? Multi-Step process  Department of Labor?  USCIS: I-140  USCIS: I-485 Non-Immigrant status allow nonimmigrant intent? For more information, visit

Klasko Immigration Law Partners, LLP Materials Please visit to download this PowerPoint presentation and relevant articles. For more information, visit

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Klasko Immigration Law Partners, LLP Feige M. Grundman, Esq Klasko Immigration Law Partners, LLP Philadelphia New York Chicago For Further Information

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Klasko Immigration Law Partners, 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 © 2015 Klasko Immigration Law Partners, LLP. All rights reserved. Copyright © All rights reserved.