1. Klasko, Rulon, Stock & Seltzer, LLP
Immigration Opportunities for Clinicians and Researchers
Thursday, February 6, 2014
Suzanne B. Seltzer, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
New York Philadelphia
317 Madison Avenue, Suite John F. Kennedy Boulevard, Floor 17
New York, NY Philadelphia, PA

2. Suzanne B. Seltzer, Esq.
Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP.  Ms. Seltzer is the Chair of the American Immigration Lawyer's Association (AILA) USCIS Benefits & Policy Liaison Committee, is a member of AILA’s InterAgency Liaison Committee, and recently completed her tenure as the Vermont Service Center (VSC) liaison and as a NAFSA Regulatory Ombudsman.  Ms. Seltzer speaks and writes extensively on visa options for scientists and researchers. 
She is listed in Best Lawyers in America, Chambers USA, New York SuperLawyers, and the International Who's Who of Corporate Immigration Lawyers. 
A magna cum laude graduate of the University of Pennsylvania, Ms. Seltzer received her law degree from Georgetown University’s Law Center (cum laude).

3. Immigration Opportunities Part I: Nonimmigrant Options
Immigrant versus Nonimmigrant Visas
H-1B Visas
Cap exempt to cap subject
J-1 Visas
Two Year Home Residence Requirement
O-1 as a bridge to a waiver
J-1 Waivers
For more information, visit

4. Immigrant vs. Nonimmigrant?
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

5. Immigrant vs. Nonimmigrant Visas
Green Card/Permanent Residency
Nonimmigrant Visa (NIV)
H, F, J, O, etc.
Limited duration
Specific to employer/institution
Specific to purpose (work/study/tourism)
May need to establish “non-immigrant” intent
For more information, visit

6. Nonimmigrant to Immigrant
F-1 – attend school
F-1 OPT – start work
H-1B – continue working; Cap subject? Cap exempt?
H-1B – change employer?
6 years maximum in H status
For more information, visit

7. 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

8. Nonimmigrant Option: H-1B and the Quota
What is it and what does it mean?
Who is not subject to the quota?
Universities
Nonprofit institutions affiliated with universities
Nonprofit or government research organization
Previous H-1B under cap
Concurrent employment
Cap Exempt to Cap Subject
For more information, visit

9. Nonimmigrant Option 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

10. J-1 two year home requirement
J-1 Nonimmigrant to LPR
J-1 two year home requirement
waiver fulfill two years
H-1B and/or Apply for LPR
O-1
For more information, visit

11. If Subject, are there Options?
Return home
Where is home?
Aggregating trips
Apply for a Waiver
Obtain an O-1 Visa
Requires an employer willing to sponsor
Must Demonstrate “Outstanding” in field
Does not ‘waive’ the two years, just puts it off for awhile
For more information, visit

12. Nonimmigrant Option: O-1 Visa
Extraordinary Ability
Factors Considered in Initial Evaluation
1st authored articles / presentations
Citations
Book chapters / review articles
Peer reviewer / manuscript reviewer
For more information, visit

13. O-1 (cont’d) What’s Included in the Petition Processing time / issues
Reference letters
Independent referees
Addressing O-1 criteria
Corroborating Documentation
Processing time / issues
Length of approval
Extensions
For more information, visit

14. J-1 Waiver Options Waiver options Hardship Persecution
No objection waiver (researchers only)
For more information, visit

15. J-1 Waiver Options: Research
Federal government agency waiver based on essentiality to research:
National Science Foundation
Department of Energy
Health & Human Services
U.S. Dep’t of Veteran’s Affairs
For more information, visit

16. J-1 Waiver Options: Clinical
Federal government agency waiver based on clinical service:
Appalachian Regional Commission
Delta Regional Authority waiver
Health & Human Services
Department of Veteran’s Affairs
Conrad State 30 waiver
For more information, visit

17. J-1 Waiver Options: Clinical
Clinical Waivers
Requires at least 3 Year Commitment
3 Year Obligation Must be fulfilled in H-1B status
If 3 year commitment is extended to 5 years, may be a pathway to the green card
For more information, visit

18. For more information, visit www.eb1immigration.com

19. Pathways to Permanent Residency
Part II

20. Immigration Opportunities
Part II: Pathways to
Permanent Residency
What is Permanent Residency
Permanent Residency Quotas
Employment Based Permanent Residency
Self Petitions
Employer Sponsored
Adjustment of Status and Maintenance of status
For more information, visit

21. What is Permanent Residency?
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

22. Moving from Non-Immigrant to Permanent Resident
Non-immigrant status does not convert to green card
Important to maintain non-immigrant status throughout green card application process
May be impediments to travel during this process
For more information, visit

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

24. Permanent Residency Quotas
Annual Limit on Immigrant Visas (Permanent Residency)
Per Country Limit – 7%
Allocated by:
Priority Date – place in line
Preference Category
For more information, visit

25. Permanent Residency Quotas
Employment Based Preferences
First Preference (EB-1)
Extraordinary Ability, Outstanding Researcher, Multinational Executive
Second Preference (EB-2)
Nat’l Interest Waivers, Advanced Degreed Professionals, Bachelors plus 5 years exp.
Third Preference (EB-3)
Skilled Worker (2+ years experience), Bachelor’s Degree
For more information, visit

26. 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
08JAN09
15NOV04
3rd
01JUN12
01SEP03
15APR07
Other Workers*
4th
Certain Religious
Workers
5th     Targeted Employment
Areas/Regional
Centers and Pilot
Programs
Visa Bulletin for February 2014

27. Permanent Residency Quotas, Where Are We Now?
“Oversubscribed” versus “Available”
Available if:
Visa Bulletin indicates “C” = current
Priority date earlier than posted date
Predictions from State Department for FY2012
EB-1 approvals are down almost 50%
This will advance EB-2 in China or India
China EB-3 will advance a little; India EB-3 not at all
For more information, visit

28. Employment Based (EB) Permanent Residency
Employer-sponsored or self-sponsored
Labor certification or extraordinary / national interest / exceptional
Multiple petitions
Multi-Step Process
Non-Immigrant Status?
For more information, visit

29. Employment Based (EB) Permanent Residency: EB-1
Extraordinary Ability/EB-1 (I-140, filing fee $580)
‘Self-Petition’ – no need for employer sponsor
Factors Considered in Initial Evaluation
1st authored articles/impact factors
Citations articles
Peer Review/Manuscript Review Work
References from independent Experts
Documenting Regulatory Criteria
Preparation/Processing Times
For more information, visit

30. Employment Based: EB-1
(cont’d)
Outstanding Researcher/EB-1 (I-140, filing fee $580)
Similar to Extraordinary Ability
Requires employer sponsor
At least 3 Years experience
Permanent job offer
Qualified Employers:
Academic Institutions
Industry
At least 3 FT researchers
Recognition in field
For more information, visit

31. EB-1 Two Part Analysis Introduced in December 2010
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?
USCIS provides no clear guidelines for applying final merits analysis
For more information, visit

32. Employment Based: EB-2
National Interest Waiver/EB-2 (I-140, filing fee $580)
Self-Petition, no employer sponsor required
Two Different Pathways to NIW
Three Prong Test
Field is of Substantial Intrinsic Merit
National Impact of Your Contributions
You Are “Substantially Better” Than Your Peers
For more information, visit

33. National Interest Waiver
(cont’d)
5 Year Commitment to MUA/HPSA
5 Year Contract
Letter from State Department of Health supporting petition
Proof work location is physically located in HPSA/MUA
Will not get green card until 5 year service is complete
For more information, visit

34. Employment Based: Employer Sponsored
(cont’d)
Labor Certification Application (PERM)
Employer MUST Pay Costs
Recruitment
Special Handling – involves teaching
Professional – minimum requirements
Prevailing wage
First of 3 steps
2nd Step – I-140
3rd Step – I-485 or IV Consular Process
For more information, visit

35. Permanent Resident Status Adjustment of Status (I-485)
Timing
Preference categories/quotas
Priority dates
Processing times
Concurrent filing (I-140/I-485)
I-485 filing fee $1,070, includes:
Employment authorization (I-765)
Advance parole (I-131)
For more information, visit

36. Permanent Resident Status Adjustment of Status (I-485)
(cont’d)
Adjustment portability
H-1B Extensions
One Year
Three years
Spouses
For more information, visit

37. Issues Relating to NIV Status During Permanent Residency Process
Important to Maintain NIV status
Travel
Extensions of Status
Dependents
Eligibility for OPT
For more information, visit

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

39. Questions?
For more information, visit

40. For Further Information
Suzanne B. Seltzer, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
Telephone: (New York)
(Philadelphia)
Offices:
New York Philadelphia
317 Madison Avenue John F. Kennedy Blvd.
Suite Floor 17
New York, NY Philadelphia, PA 19103

41. online www.klaskolaw.com www.eb1immigration.com

42. 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 © 2014 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved.
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