Permanent Residence Options for Clinicians and Researchers

1. Permanent Residence Optionsfor Clinicians and Researchers H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840rklasko@klaskolaw.comwww.klaskolaw.com

2. H. Ronald Klasko, Esq. • Ron Klaskohas been providing immigration assistance and solutions to leading universities, hospitals, and research institutions for over 25 years.  Ron is a past National President of the American Immigration Lawyers Association.  He has been a member of the AILA Board of Governors since 1980. • His firm, which is the first immigration law firm global partner of NAFSA: Association of International Educators, is authorized counsel for the University of Texas system. The firm has been selected as one of six top tier immigration firms in the United States for four consecutive years by the prestigious Chambers Global: The World's Leading Lawyers for Business (Chambers and Partners).  This publication noted the firm as the “strongest in the country” when it comes to representing clients in the university research and medical sectors and recognized Ron as “a leading national practitioner who really does it all” who is “literally on the cutting edge” when it comes to immigration policy and legislative issues. • Ron has been selected as one of twelve top tier immigration lawyers in the US by The Chambers Global Guide.  He is selected annually for inclusion in Best Lawyers in America.  The International Who’s Who of Business Lawyers 2007 and 2008 editions selected Ron as the “most highly regarded” immigration lawyer in the world.  • Ron is a frequent author and lecturer on hospital and university-related immigration law topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School.  Ron is a graduate of the University of Pennsylvania School of Law.

3. Issues • Employer-sponsored, family-sponsored or self-sponsored • Quotas/timing issues • Impact on visa status • Impact on family • Impact on travel

4. Permanent Resident Status • Family • Investment • Asylum • Lottery • Employment

5. Family • 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

6. Investment • $500,000 or $1,000,000 • Individual investment or regional center

7. Asylum • Individualized fear of persecution • Race, religion, nationality, political opinion, social group, sexual persuasion

8. Lottery • Only specified countries • One year window • www.travel.state.gov • Effect of application on future visa applications

9. Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Permanent Resident StatusEmployment

10. 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 Permanent Resident StatusEmployment(cont’d)

11. 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 Permanent Resident StatusEmployment (cont’d)

12. 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 Permanent Resident StatusEmployment(cont’d)

13. National Interest Waiver EB-2 Standard Exceptional ability or advanced degree National priority National impact Extensive documentation required Reference letters critical Permanent Resident StatusEmployment(cont’d)

14. Employer-Sponsored Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability Permanent Resident StatusEmployment(cont’d)

15. Permanent Resident StatusEmployment(cont’d) • 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

16. Permanent Resident StatusEmployment(cont’d) • Choosing Referees • How many? • Good C.V.’s • Prestigious institutions • Geographical diversity • One per institution • Impartiality

17. Permanent Resident StatusEmployment(cont’d) • Other Factors • Not a peer review process • Importance of job title? • Importance of employer sponsorship? • File now, or wait?

18. EB-1 for Clinicians • General • Why more difficult than researchers • Can be done for residents? • Still need waiver for I-485

19. EB-1 for Clinicians (cont’d) • 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

20. EB-1 for Clinicians (cont’d) • Difficult surgical procedures • Prestigious fellowships • Significance of Board certification or “Diplomate” • Judge of medical students, residents, or nurses • Grand round presentations • High salary

21. 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

22. Special Handling Labor Certification (PERM) (cont’d) • 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

23. Timing Electronic filing 10 months? Possibility of audit First of three steps Importance of filing before end of 5th year in H-1B status Permanent Resident StatusEmployment(cont’d)

24. 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 Permanent Resident StatusEmployment(cont’d)

25. 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) Permanent Resident StatusEmployment(cont’d)

26. 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 Permanent Resident StatusEmployment(cont’d)

27. Questions ?

28. For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP rklasko@klaskolaw.com 215-825-8600 (Philadelphia) 212-796-8840 (New York) www.klaskolaw.com