Immigration Options Immigration Options for Students and Scholars Wednesday, November 11, 2015 H. Ronald Klasko, Esq. Klasko Immigration Law Partners, LLP Philadelphia New York Chicago

Klasko Immigration Law Partners, LLP H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of Klasko Immigration Law Partners, 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 selected Ron as the “most highly regarded” immigration lawyer in the world. 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 Immigration Law Partners, LLP H-1B Visas H-1B Quota Options for Dealing with H-1B Quota Quota-Exempt Employment Strategies to Enhance Chances of Getting H-1B Other Visa Options Permanent Resident Status – Family, Investment, Asylum, Lottery Immigration Options for Students and Scholars Agenda For more information, visit

Klasko Immigration Law Partners, LLP Immigration Options for Students and Scholars Agenda Permanent Resident Status – Employment Evaluating Eligibility for Permanent Residence Quotas Q & A Session (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Basic requirements  Job Offer Part-time or full-time  Bachelors or higher degree Determine U.S. equivalence of foreign degree Combination of education and experience  Specialty occupation Job requires bachelors or higher degree in specific field  Prevailing wage H-1B Visas For more information, visit

Klasko Immigration Law Partners, LLP H-1B Visas Employer requirements  U.S. employer  Pay fees  Post notice  Keep public examination file (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 5 months 15 days or less with premium processing ($1,225) (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, LLP H-1B Visas H-1B portability  Present or prior H-1B  Commence employment upon new employer filing petition Spouses  H-4 cannot work (until permanent residence process) Travel  Dual intent (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP H-1B Quota What is it, and what does it mean?  65,000 visas Separate quota for US-educated advanced degree holders  20,000 visas Separate options for Canada, Mexico, Australia, Chile and Singapore  TN-1, E-3, H-1B1 Prospects for change Timing  April 1 filing date  October 1 start date For more information, visit

Klasko Immigration Law Partners, LLP Options for Dealing with H-1B Quota Quota-exempt employment Strategies to enhance chances of getting H-1B Alternative visa options Applying for permanent residence directly For more information, visit

Klasko Immigration Law Partners, LLP Quota-Exempt Employment Who is not subject to the quota?  Universities  Nonprofit institutions affiliated with universities  Employed “at” university  Nonprofit or government research organization  Concurrent employment  Previous H-1B For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, LLP Other Visa Options F-1  OPT  Going back to school  Advantages of Masters or PhD Working overseas for U.S. employer  Entering U.S. as B-1  Eligibility for L-1 after one year Look at spouse’s status  Spouse of J,E and L can work For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, LLP H-3  Corporate trainee  Training not available overseas  Formal training program required  Productive employment incidental to training  Training will qualify for position abroad Other Visa Options (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, 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 Immigration Law Partners, LLP Permanent Resident Status Family Investment Asylum Employment Lottery For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, LLP Investment $500,000 or $1,000,000 Individual investment or regional center For more information, visit

Klasko Immigration Law Partners, LLP Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit

Klasko Immigration Law Partners, LLP Lottery Only specified countries One year window Apply in October For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions For more information, visit

Klasko Immigration Law Partners, 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 Extensive documentation required Reference letters critical (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 May file multiple petitions (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, 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 Immigration Law Partners, 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 Immigration Law Partners, LLP Permanent Resident Status Employment Timing  Electronic filing  Varies (presently approximately 8 months)  Possibility of audit  First of three steps (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, 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 Immigration Law Partners, 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 Immigration Law Partners, 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 Immigration Law Partners, 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 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 H. Ronald Klasko, 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.