Immigration Options after F-1 or J-1 Status

1. Immigration Optionsafter F-1 or J-1 Status 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 is the only immigration law firm global partner advocate of NAFSA: Association of International Educators.  The firm has been selected as one of six top tier immigration firms in the United States for two 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 edition selected Ron as the “most highly regarded” business 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. Immigration Optionsfor Students and ScholarsAgenda • H-1B Visas • H-1B Quota • Options for Dealing with H-1B Quota • Quota-Exempt Employment • Strategies to Enhance Chances of Getting H-1B • Travel and Status Issues for H-1B Approvals • Other Visa Options

4. Immigration Optionsfor Students and ScholarsAgenda (cont’d) • Permanent Resident Status • Quotas • EB-5 • Travel Issues • Q & A

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

6. H-1B Visas (cont’d) • Employer requirements • U.S. employer • Pay fees • Post notice • Keep public examination file

7. H-1B Visas (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 5 months • 15 days or less with premium processing ($1000)

8. H-1B Visas (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

9. H-1B Visas (cont’d) • H-1B portability • Present or prior H-1B • Commence employment upon new employer filing petition • Spouses • H-4 cannot work • Travel • Dual intent

10. H-1B Quota • What is it, and what does it mean? • 65,000 visas • Separate quota for US-educated advanced degree holders • 20,000 visas • Separate options for Canada, Mexico, Australia, Chile and Singapore • TN-1, E-3, H-1B • Prospects for change • Timing • April 1 filing date • October 1 start date

11. Options for Dealing with H-1B Quota • Quota-exempt employment • Strategies to enhance chances of getting H-1B • Alternative visa options • Applying for permanent residence directly

12. 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

13. 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

14. Travel and Status Issues for H-1B Approvals • Change of status vs. consular visa issuance • Travel after April 1 • Maintaining status until October 1 • “Cap gap” relief

15. Other Visa Options • F-1 • OPT • 12 months or 29 months • Going back to school • Advantages of Masters or PhD • Working overseas for U.S. employer • Entering U.S. as B-1 • Eligibility for L-1 after one year • Look at spouse’s status • Spouse of J,E and L can work

16. Other Visa Options (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 • Treaty country nationality • 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.

17. Other Visa Options (cont’d) • H-3 • Corporate trainee • Training not available overseas • Formal training program required • Productive employment incidental to training • Training will qualify for position abroad

18. Other Visa Options (cont’d) • H-2B • Numerical quota and timing issues • Can be skilled position but must be temporary • Seasonal, peak-load, intermittent or one-time occurrence • No U.S. workers available

19. Other Visa Options (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

20. Other Visa Options (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

21. Other Visa Options (cont’d) • Waiver options • No objection waiver • Hardship • Persecution • Federal government agency waiver

22. Other Options • EB-5 • $500,000 or $1,000,000 investment • Individual investment or government-approved regional center

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

24. 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 Quotas

25. 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 Quotas (cont’d)

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

27. 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)

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

29. Employer-Sponsored Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability Multinational Manager EB-1 Same as L-1 except must be manager or executive overseas Permanent Resident StatusEmployment(cont’d)

30. 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 Permanent Resident StatusEmployment(cont’d)

31. Timing Electronic filing 2 to 5 months Possibility of audit First of three steps Permanent Resident StatusEmployment(cont’d)

32. 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)

33. 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)

34. 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)

35. $500,000 or $1,000,000 Own business or regional center New business or expand existing business Create 10 jobs Lawful source of funds EB-5

36. Travel Issues • Potential Problems • Intent to return – F & J vs. H &O • Visa interview delays • Security clearances • Technology Alert List • 222(g) • Possible solutions • Don’t travel • Canada/Mexico • Advance Parole

37. Questions ?

38. 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