1. Immigration Opportunities for Clinicians and Post Doctoral Researchers
Klasko, Rulon, Stock & Seltzer, LLP
Suzanne B. Seltzer
Kate Kalmykov
Philadelphia - New York

2. Immigration Opportunities Agenda
H-1B Quota
J-1 Waivers
The O-1 Visa
Permanent Residence Status
Q&As

3. H-1B Quota What is it and what does it mean?
Who is not subject to the quota?
Universities
Nonprofit institutions affiliated with universities
Employed “at” university
Nonprofit or government research organization
Previous H-1B under cap
Concurrent employment
Cap Exempt to Cap Subject

4. J-1 Visa Who is subject to 2-year return? Exchange Visitor Skills List
Right Skill?
Right List?
Government Funding
U.S. or Home Country
Direct or Indirect
Graduate Medical Training

5. What Does it Mean to be Subject?
Ineligible for Certain Visas
H-1B
L-1 K
Ineligible to apply for final step of Green Card
I-485
IV Consular Processing
But may commence initial steps…

6. 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

7. J-1 Waiver Options Waiver options Hardship Persecution
No objection waiver (researchers only)

8. J-1 Waiver Options Federal government agency waiver
National Science Foundation
Department of Energy
Health & Human Services
U.S. Dep’t of Veteran’s Affairs
Appalachian Regional Commission
Delta Regional Authority waiver
State 30 waiver (clinical only)

9. 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

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

11. 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

12. Immigrant vs. Non-Immigrant Visas
Green Card/Permanent Residency
Non-Immigrant Visa (NIV)
H, F, J, O, etc
Limited duration
Specific to employer/institution
Specific to purpose (work/study/tourism)

13. Permanent Residency Quotas
Annual Limit on Permanent Residency
Per Country Limit – 7%
Allocated by:
Priority Date – place in line
Preference Category

14. How Do I Apply?
Family
Investment
Asylum
Employment
DV Lottery

15. 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

16. Permanent Residency Quotas, Where Are We Now?
Visa Bulletin for March 2010
All Chargeability Areas Except Those Listed
CHINA-mainland
born
INDIA
MEXICO
PHILIPP-INES
Employment
Based
1st C
2nd
08JUL05
01FEB05 
3rd
15DEC02
01JUL01
01JUL02

17. Permanent Residency Quotas, Where are We Now?
“Oversubscribed” versus “Available”
Available if:
Visa Bulletin indicates “C” = current
Priority date earlier than posted date
Best Case Scenario for FY2010
EB-2
China – October 2005
India – February/March 2005
EB-1 – expected to remain current

18. 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?

19. Employment Based (EB) Permanent Residency: Self-Petitions
Extraordinary Ability/EB-1 (I-140, filing fee $475)
“One of a Few at the Top”
Factors Considered in Initial Evaluation
1st authored articles/impact factors
Citations to 1st authored work
Conference Presentations
Peer Review/Manuscript Review Work
References from independent Experts
Documenting Regulatory Criteria
Preparation/Processing Times

20. I-140 Self-Petitions (cont’d)
National Interest Waiver/EB-2 (I-140, filing fee $475)
Three Prong Test
Field is of Substantial Intrinsic Merit
National Impact of Your Contributions
You Are “Substantially Better” Than Your Peers
Preparation/Processing Times

21. Employment Based: Employer Sponsored
Outstanding Researcher/EB-1 (I-140, filing fee $475)
Similar to Extraordinary Ability
At least 3 Years experience
Permanent job offer
Qualified Employers:
Academic Institutions
Industry
at least 3 FT researchers
Recognition in field

22. Employment Based: Employer Sponsored
(cont’d)
Labor Certification Application (PERM)
Employer MUST Pay Costs
Recruitment
Prevailing wage
Timing
First of 3 steps
2nd Step – I-140
3rd Step – I-485 or IV Consular Process
No filing fee for this step

23. 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 $1010, includes:
Employment authorization (I-765)
Advance parole (I-131)

24. Permanent Resident Status Adjustment of Status (I-485)
(cont’d)
Adjustment portability
H-1B Extensions
One Year
Three years
Spouses

25. Issues Relating to NIV Status During Permanent Residency Process
Travel
Extensions of Status
Dependents
Eligibility for OPT

26. Questions?

27. Contact Information
Suzanne B. Seltzer, Esq.
Kate Kalmykov, Esq.
Telephone:
Fax:
Websites: