Immigration Options for Students and Scholars H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., Floor Madison Ave., Suite 1518 Philadelphia, PA New York, NY Thursday, November 29, 2012

Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. Ron Klasko, the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP, 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. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers Corporate Immigration Law edition selected Ron as one of the three “most highly regarded” immigration lawyers in the world from 2007 to 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 and scholars navigate the complicated process of obtaining working visas and green cards.

Klasko, Rulon, Stock & Seltzer, LLP Hot Issues in November 2012 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 Alternatives: TN Permanent Resident Status – Family, Investment, Asylum, Lottery Permanent Resident Status – Employment New EB-1 Guidance (Kazarian) Q & A Session (cont’d) Immigration Options for Students and Scholars Agenda For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Hot Issues in November 2012 More job offers Quota backlogs Possible new legislation, especially for STEMs For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Issues with Prospective Employers Policies regarding H-1B Policies regarding green card sponsorship For more information, visit

Klasko, Rulon, Stock & Seltzer, 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, Rulon, Stock & Seltzer, LLP H-1B Visas Employer requirements  U.S. employer  Pay fees  Post notice  Keep public examination file (cont’d) 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 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 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, Rulon, Stock & Seltzer, LLP Options for Dealing with H-1B Quota Quota-exempt employment Strategies to enhance chances of getting H-1B Cap gap employment Alternative visa options Applying for permanent residence directly For more information, visit

Klasko, Rulon, Stock & Seltzer, 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, 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 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, Rulon, Stock & Seltzer, LLP E-2 Treaty Investor  Substantial investment No exact amount  Treaty country nationality  Investor or employee (executive, supervisory or essential skill) For more information, visit Other Visa Options (cont’d)

Klasko, Rulon, Stock & Seltzer, 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, 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 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, Rulon, Stock & Seltzer, LLP Alternatives I visa – journalists O visa – extraordinary ability E-3 – Australians only, similar to H-1B Dependent on spouse visa 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 Quotas  Visa Bulletin (  Per country of birth, per preference category, per fiscal year  Filing date is “priority date”  EB-1 (extraordinary ability, outstanding researcher) No quota wait (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Quotas  EB-2 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 Residency Quotas, Where Are We Now? Visa Bulletin for December 2012 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C22OCT0701SEP04CC 3 rd 22DEC0601JUL0601NOV0222DEC0615AUG06 Other Workers* 22DEC06 01JUL0301NOV0222DEC0615AUG06 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC

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 May file multiple petitions (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 (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Evaluating Eligibility CV Evaluation  1 st listed author publications In process; submitted; accepted; published; cited  Impact factor?  Citations Footnote Text  Presentations 1 st listed abstracts Oral vs. poster (cont’d)  Book chapters  Honors and awards  Manuscript reviewer  Media For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Evaluating Eligibility Evaluation Outside of CV  Importance/narrowness of field of expertise  Ability to explain importance  Significant contributions to field First, only, best, new discovery? Impact on field and other researchers New? Old? Sustained?  Referees (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Choosing Referees  How many?  Good C.V.’s  Prestigious institutions  Geographical diversity One per institution  Impartiality (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Other Factors  Not a peer review process  Importance of job title?  Importance of employer sponsorship?  File now, or wait?  Choice of attorney (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP New EB-1 Guidance (Kazarian) Issued December 2010 Establishes Two-Part Analysis of EB-1  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? 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  Electronic filing  Varies  Possibility of audit  First of three steps (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 For more information, visit Questions?

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

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Klasko, Rulon, Stock & Seltzer, 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 © 2012 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © All rights reserved.