1. Klasko Immigration Law Partners, LLP
Post Student Years: Immigration Options
April 12, 2017
William A. Stock, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York

2. William A. Stock, Esq.
Bill Stock is a founding partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for nearly 20 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. Bill serves as President of the American Immigration Lawyers Association (AILA), the 14,500 member national organization of immigration lawyers. He has long been active in the association on both a national and state level and has served several terms on the Association’s Board of Governors.  He is also active in NAFSA’s Region VIII and has been 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.

3. Agenda Non-Immigrant Status H-1B Requirements H-1B Alternatives
Introduction to Permanent Residency
Q&As
For more information, visit

4. 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

5. Maintaining Lawful Status
(cont’d)
Crimes and visa cancellations
Can I work / invest / start a company?
Transition times / change of status
For more information, visit

6. Executive Order – Travel Ban
Suspends all refugee admission to the U.S. for 120 Days
Bans visa issuance or admission to the U.S. on most visa categories for 90 days for citizens of the following countries:
Iran
Libya
Somalia
Sudan
Syria
Yemen
For more information, visit

7. Executive Order – Travel Ban
(cont’d)
Permanent Residents excepted
Dual citizens – can get visa and enter in passport of unbanned country
No longer cancels existing visas
Ends visa interview waiver program
Case-by-case waivers available
For more information, visit

8. Travel Ban – Temporary Restraining Order
Temporary Restraining Order stops the ban from going into effect
One court has blocked ban, one court refused to block
Headed to Supreme Court
For more information, visit

9. Other Possible Executive Orders
Expansion of travel ban or “extreme vetting”
End to DACA
Site visits for all employment-based categories
Revise practical training program for foreign students
Public benefits
H-4 employment authorization
Other changes
For more information, visit

10. 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

11. 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

12. H-1B Quota What is it and what does it mean?
20,000 for US awarded advanced degrees
FY 2014–18 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
For more information, visit

13. H-1B Quota 65,000 H-1Bs FY 2014–18 gone on April 1-5 (Lottery)
(cont’d)
65,000 H-1Bs
FY 2014–18 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
For more information, visit

14. Avoiding 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

15. Avoiding H-1B Quota Exemption based on employee
(cont’d)
Exemption based on employee
Previously counted (in last 6 years)
Singapore/Chile
Concurrent employment
For more information, visit

16. Future of H-1B Adjudications difficulties Site visits
Employers less willing to sponsor
For more information, visit

17. Future of H-1B (statutory)
Greatly increased minimum wages
No lottery; preference by salary / education
Labor market tests
Very difficult to make these changes
For more information, visit

18. 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

19. 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

20. 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
Plans to renegotiate NAFTA
For more information, visit

21. Alternatives I visa – journalists for media outside US 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

22. 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

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

24. Nonimmigrant to Immigrant
H-1B – change employer, requires new petition may start working under ‘H-1B portability’
4th 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

25. How Do I Apply? Family Investment Asylum Employment DV Lottery
For more information, visit

26. Permanent Residence Quotas
Annual Limit on Permanent Residency
Per Country Limit – 7%
Allocated by:
Priority Date – place in line
Preference Category
For more information, visit

27. Permanent Residence Quotas
(cont’d)
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

28. Permanent Residence Quotas
(cont’d)
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
For more information, visit

29. Permanent Residency Quotas, Where Are We Now?
Employment
Based
All Charge-ability Areas Except Those Listed
CHINA- mainland born
INDIA
MEXICO
PHILIPPINES
1st C
2nd
01MAR13
22APR09 
3rd
01MAY14
01JUL05
01SEP13
Other Workers*
01AUG09
4th
Certain Religious
Workers
5th     Targeted Employment
Areas/Regional
Centers and Pilot
Programs
15JUN14
Visa Bulletin for April 2017

30. 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?
For more information, visit

31. Materials
Please visit to download this PowerPoint presentation and relevant articles.
For more information, visit

32. For more information, visit www.klaskolaw.com

33. For Further Information
William A. Stock, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York

34. online www.klaskolaw.com www.eb1immigration.com

35. 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 © 2017 Klasko Immigration Law Partners, LLP. All rights reserved.
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