1. for Students and Scholars Klasko, Rulon, Stock & Seltzer, LLP
Immigration Options
for Students and Scholars
Thursday, February 21, 2013
William A. Stock, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia New York
1800 John F. Kennedy Blvd., Floor Madison Ave., Suite 1518
Philadelphia, PA New York, NY

2. William A. Stock, Esq.
Bill Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for over 18 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. He is active in the American Immigration Lawyers Association on a national level, currently serving as a national Director on the Association’s Board of Governors and chairing two national committees. He is also active in NAFSA’s Region VIII and as 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 Students and Scholars Agenda
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
For more information, visit

4. Immigration Options for Students and Scholars Agenda
(cont’d)
Other Visa Options
Permanent Resident Status – Family, Investment, Asylum, Lottery
Permanent Resident Status – Employment
Evaluating Eligibility
Quotas
Q & A Session
For more information, visit

5. Issues with Prospective Employers
Policies regarding H-1B
Employer required to pay fees, post notice and maintain documentation
Job market affects employer willingness to sponsor
Policies regarding green card sponsorship
Short term vs. Long term employment
Employers consider long term even for H-1B sponsorship
For more information, visit

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

7. H-1B Visas Procedure and processing time
(cont’d)
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
For more information, visit

8. H-1B Visas Length of approval and extensions
(cont’d)
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
For more information, visit

9. H-1B Visas H-1B portability Spouses Travel Present or prior H-1B
(cont’d)
H-1B portability
Present or prior H-1B
Commence employment upon new employer filing petition
Spouses
H-4 cannot work (limited proposal to change)
Travel
Dual intent
For more information, visit

10. H-1B Quota What is it, and what does it mean? Timing
65,000 visas base, plus 20,000 additional for US advanced degree holders
Timing
April 1 filing date
October 1 start date
Who is not subject to the quota?
Universities & their nonprofit affiliates
Employed “at” university
Nonprofit or government research organization
Concurrent employment
Previous H-1B
For more information, visit

11. 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

12. 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

13. Cap Gap Employment Work authorization between end of OPT and October 1
Cannot travel out of country
For more information, visit

14. Other Visa Options F-1 Working overseas for U.S. employer
Going back to school
Separate options for Canada, Mexico, Australia, Chile and Singapore
TN-1, E-3, H-1B1
Working overseas for U.S. employer
Look at spouse’s status
Spouse of J, E and L can work
For more information, visit

15. Other Visa Options J-1 Visas O-1 Waiver Trainee, researcher, scholar
(cont’d)
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
For more information, visit

16. Other Visa Options E-1 Treaty Trader E-2 Treaty Investor
(cont’d)
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
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.
For more information, visit

17. Other Visa Options O-1 Visas Employer sponsored Standards
(cont’d)
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
For more information, visit

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

19. Family Spouse of U.S. citizen All other relationships No quota wait
EAD and AP within 3 months
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 Apply in October
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
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

25. 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

26. Permanent Resident Status Employment
(cont’d)
Employer-Sponsored
Outstanding Researcher
EB-1
“Permanent position”
Similar to extraordinary ability
Multinational Manager
Same as L-1 except must be manager or executive overseas
For more information, visit

27. Evaluating Eligibility
1st listed author publications
Impact factor?
Citations
Presentations
1st listed abstracts
Book chapters
Honors and awards
Manuscripts reviewer
Importance/narrowness of field of expertise
Referees
For more information, visit

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

29. Permanent Resident Status Employment
(cont’d)
Timing
Mandatory Recruitment Steps ( days)
Filing and Initial Review (4-5 months)
Audit Review, if Audited (5+ months additional)
First of three steps: Quotas determine overall time
For more information, visit

30. 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

31. Quotas EB-2 (national interest waiver and labor certification) EB-3
(cont’d)
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
For more information, visit

32. Permanent Resident Status Employment
(cont’d)
I-140 Petition
1st step for EB-1 and national interest waiver
2nd 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
For more information, visit

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

34. 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

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

36. Questions ?
For more information, visit

37. For Further Information
William A. Stock, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
Telephone: (Philadelphia)
(New York)
Offices:
Philadelphia New York
1800 John F. Kennedy Boulevard 317 Madison Avenue
Floor Suite 1518
Philadelphia, PA New York, NY 10017

38. online www.klaskolaw.com www.eb1immigration.com

39. 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 © 2013 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved.
Copyright © All rights reserved.