1. for Scholars and Researchers Klasko Immigration Law Partners, LLP
Immigration Options
for Scholars and Researchers
May 8, 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. Immigration Options for Scholars and Researchers Agenda
Current Developments
H-1B Visas and Quota
J-1 Visas and Waivers
O-1 Visas
Permanent Residence Status
Q&As
For more information, visit

4. 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

5. 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

6. 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

7. 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

8. H-1B Visas Basic requirements Procedure and processing times
Job Offer
Prevailing Wage
Bachelors or higher degree
Specialty occupation
Procedure and processing times
Specialty occupation issues
Part-time or full-time
Length of approval
Extensions
Portability
Spouses
Travel
For more information, visit

9. H-1B Quota What is it, and what does it mean?
Separate quota for US-educated advanced degree holders
Separate options for Canada, Mexico, Australia, Chile and Singapore
Prospects for change
Timing
April 1 filing date
October 1 start date
For more information, visit

10. 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

11. H-1B 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
For more information, visit

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

13. 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

14. J-1 Visas 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
For more information, visit

15. J-1 Waiver Options No objection statement Exceptional hardship
Persecution
Interested government agency
For more information, visit

16. O-1 Alien of Extraordinary Ability
Factors Considered in Initial Evaluation
1st authored articles/impact factors
Citations to 1st authored work
Conference presentations
Book chapters / review articles
Peer reviewer / manuscript reviewer
For more information, visit

17. 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
Spouses
For more information, visit

18. Permanent Resident Status
Family
Investment
Asylum
Lottery
Employment
For more information, visit

19. Family Spouse of U.S. citizen All other relationships No quota wait
EAD and AP within 3 months
Travel may result in loss of status unless H-1B
All other relationships
Long quota wait
No interim benefits
For more information, visit

20. Investment
$500,000 or $1,000,000
Individual investment or regional center
For more information, visit

21. Asylum Individualized fear of persecution
Race, religion, nationality, political opinion, social group, sexual persuasion
For more information, visit

22. Lottery Only specified countries One year window www.travel.state.gov
Effect of application on future visa applications
For more information, visit

23. Permanent Resident Status Employment
Employer-sponsored or self-sponsored
Labor certification or extraordinary/national interest/exceptional
Multiple petitions
For more information, visit

24. Permanent Resident Status Employment
(cont’d)
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
For more information, visit

25. 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

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
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

27. Permanent Residency Quotas, Where Are We Now?
“Oversubscribed” versus “Available”
Oversubscribed if:
Cut-off date indicated in chart
Priority date must be earlier than posted date
Available if:
Visa Bulletin indicates “C” = current
For more information, visit

28. Permanent Residency Quotas
Predictions from DOS for FY2013
EB-1 usage is extremely high, so numbers are not dropping down into EB-2
EB-2 India will remain in 2006 for some time
EB-2 worldwide may ‘retrogress’ towards the end of FY2013
EB-3 will continue to move forward slowly
For more information, visit

29. 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

30. Permanent Resident Status Employment
(cont’d)
National Interest Waiver
EB-2
Standard
Exceptional ability or advanced degree
National priority
National impact
Extensive documentation required
Reference letters critical
For more information, visit

31. Permanent Resident Status Employment
(cont’d)
Employer-Sponsored
Outstanding Researcher
EB-1
“Permanent position”
Similar to extraordinary ability
For more information, visit

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

33. Permanent Resident Status Employment
(cont’d)
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
For more information, visit

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

35. Permanent Resident Status Employment
(cont’d)
Other Factors
Not a peer review process
Importance of job title?
Importance of employer sponsorship?
File now, or wait?
Choice of attorney
For more information, visit

36. 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

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

38. Questions?
For more information, visit

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

40. online www.klaskolaw.com www.eb1immigration.com

41. 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.
Copyright © All rights reserved.