1. H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., 17 th Floor317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 rklasko@klaskolaw.com www.klaskolaw.com Permanent Residence Options for Clinicians and Researchers

2. Klasko, Rulon, Stock & Seltzer, LLP Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP. Ron and his firm were chosen by clients and peers as one of the top five immigration firms in the country for five consecutive years and “the strongest in the country in representing clients in the university research and medical sectors.” (Chambers Global) Ron is a former National President of the American Immigration Lawyers Association. He has been a featured invited speaker for the American Association of Medical Colleges (AAMC) and the Educational Commission for Foreign Medical Graduates (ECFMG). He has been Adjunct Professor of Immigration Law at Villanova University Law School and is a frequent author and lecturer on immigration law issues related to academic healthcare institutions. Ron is selected annually for inclusion in Best Lawyers in America. Mr. Klasko is the Chair of NAFSA’s Healthcare Institutions Interest Group. His practice emphasizes representation of universities, hospitals and research institutions and their students, scholars, staff and employees. Ron’s law firm is an authorized immigration counsel for the UT medical institutions. H. Ronald Klasko, Esq.

3. Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Employer-sponsored, family-sponsored or self-sponsored Quotas/timing issues Impact on visa status Impact on family Impact on travel

4. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Family Investment Asylum Lottery Employment

5. Klasko, Rulon, Stock & Seltzer, LLP Spouse of U.S. citizen  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 Family

6. Klasko, Rulon, Stock & Seltzer, LLP Investment $500,000 or $1,000,000 Individual investment or regional center

7. Klasko, Rulon, Stock & Seltzer, LLP Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion

8. Klasko, Rulon, Stock & Seltzer, LLP Lottery Only specified countries One year window www.travel.state.gov Effect of application on future visa applications

9. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions

10. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Quotas  Visa Bulletin (www.travel.state.gov)  Per country of birth, per preference category, per fiscal year  Filing date is “priority date”  EB-1 (extraordinary ability, outstanding researcher)  No quota wait (cont’d)

11. Klasko, Rulon, Stock & Seltzer, LLP 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)

12. Klasko, Rulon, Stock & Seltzer, LLP 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)

13. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment  National Interest Waiver EB-2 Standard  Exceptional ability or advanced degree  National priority  National impact Extensive documentation required Reference letters critical (cont’d)

14. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-Sponsored  Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability (cont’d)

15. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Researchers Evaluating Eligibility CV Evaluation  1 st listed author publications In process; submitted; accepted; published; cited  Impact factor?  Citations Footnote Text  Presentations 1 st listed abstracts Oral vs. poster  Book chapters  Honors and awards  Manuscript reviewer  Media (cont’d)

16. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Researchers 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 (cont’d)

17. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Researchers Choosing Referees  How many?  Good C.V.’s  Prestigious institutions  Geographical diversity One per institution  Impartiality (cont’d)

18. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Researchers Other Factors  Not a peer review process  Importance of job title?  Importance of employer sponsorship?  File now, or wait?  Choice of attorney (cont’d)

19. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians General  Why more difficult than researchers  Can be done for residents?  Still need waiver for I-485

20. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians How prove extraordinary ability as a clinician?  Rare expertise in sophisticated procedures or technologies  Complicated diagnoses missed by other specialists  Unusual success rate  Novelty of procedures  “Wow” cases  Prestige of institution (cont’d)

21. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians  Difficult surgical procedures  Prestigious fellowships  Significance of Board certification or “Diplomate”  Judge of medical students, residents, or nurses  Grand round presentations  High salary (cont’d)

22. Klasko, Rulon, Stock & Seltzer, LLP What questions you should ask in choosing an EB-1 Law Firm? 1. How many institutions refer EB-1 cases to your law firm? 2. How many individuals in the firm focus most or all their time on EB-1 cases? 3. How many EB-1 cases has the firm gotten approved within the past year? 4. Does the firm have a website devoted to EB-1 issues?

23. Klasko, Rulon, Stock & Seltzer, LLP What questions you should ask in choosing an EB-1 Law Firm? 5. What is the percentage approval rate of the firm on EB-1 cases? 6. Does the firm prepare detailed EB-1 template reference letters? 7. Have members of the firm published articles on EB-1? (cont’d)

24. Klasko, Rulon, Stock & Seltzer, LLP What questions you should ask in choosing an EB-1 Law Firm? 8. Have members of the firm been invited to make presentations about EB-1 at universities, hospitals, and research institutions and organizations? 9. Are members of the firm regularly invited to present at immigration conferences about EB-1? 10. Are members of the firm involved with promoting national policy on EB-1? (cont’d)

25. Klasko, Rulon, Stock & Seltzer, LLP What questions you should ask in choosing an EB-1 Law Firm? 11. Does the firm file multiple petitions without additional legal fees? 12. Does the firm include all emails, telephone conversations and reference letter preparation in the quoted fixed legal fee for an EB-1 case? 13. Does the firm provide 24 hour or less response time to emails? (cont’d)

26. Klasko, Rulon, Stock & Seltzer, LLP Clinical National Interest Waivers Credentialing examination required except graduates of US medical school or non-clinical medical practice Available for physicians working full time in HPSA or MUA or for a VA facility for a minimum of five years  Can switch locations  Can count time before filing, but not J time before H-1B Can be specialist

27. Klasko, Rulon, Stock & Seltzer, LLP Clinical National Interest Waivers Physicians can apply for permanent residence (when EB-2 available) before completing five years, but cannot be approved until completion Requires letter from state or federal agency attesting that the physician’s work furthers the public interest (cont’d)

28. Klasko, Rulon, Stock & Seltzer, LLP Special Handling Labor Certification (PERM) Employer-sponsored Must be “some classroom teaching” Nationwide competitive recruitment  At least one print ad “Selected” within last 18 months EB-2

29. Klasko, Rulon, Stock & Seltzer, LLP Can apply to attendings and other clinicians if “some classroom teaching”  Can be very small percentage  Can be teaching of residents in a classroom Choice if selection more than 18 months ago  “Reselection” One national print ad  Regular recruitment Most qualified standard still applies Special Handling Labor Certification (PERM) (cont’d)

30. Klasko, Rulon, Stock & Seltzer, LLP Timing  Electronic filing  Timing?  Possibility of audit  First of three steps  Importance of filing before end of 5 th year in H-1B status Special Handling Labor Certification (PERM) (cont’d)

31. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment I-140 Petition  1 st step for EB-1 and national interest waiver  2 nd 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 (cont’d)

32. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment 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) (cont’d)

33. Klasko, Rulon, Stock & Seltzer, LLP 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)

34. Klasko, Rulon, Stock & Seltzer, LLP Questions?

35. For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP E-mail: rklasko@klaskolaw.com Telephone: 215-825-8600 (Philadelphia) 212-796-8840 (New York) Websites:www.klaskolaw.com www.eb1immigration.com www.worksite-compliance.com Blog:http://blog.klaskolaw.com