Visa & Permanent Residence Options for MBA Students

1. Visa and Permanent Residence Options for MBA Students William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., Floor 17 317 Madison Avenue, Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840wstock@klaskolaw.comwww.klaskolaw.com

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. 2011 Issues • Fewer job offers/less quota problems • Fewer employers willing to sponsor • Impact of layoffs/unemployed U.S. workers • Mixed bag for investors and entrepreneurs For more information, visit www.klaskolaw.com

4. Employment Options for the F-1 Student • 20 hours per week on campus • OPT after complete studies • Options for the entrepreneur • On-campus employment must be services for students • OPT employment must be related to studies • See “Murky F-1 Employment Issues” (http://www.klaskolaw.com) For more information, visit www.klaskolaw.com

5. General H-1B Issues • Employer preconceptions and misconceptions • Employer requirements • U.S. employer • Pay fees • Post notice • Keep public examination file For more information, visit www.klaskolaw.com

6. 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 For more information, visit www.klaskolaw.com

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 For more information, visit www.klaskolaw.com

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 For more information, visit www.klaskolaw.com

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 For more information, visit www.klaskolaw.com

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 For more information, visit www.klaskolaw.com

11. 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 For more information, visit www.klaskolaw.com

12. Strategies to Enhance Chances of Getting H-1B • Obtaining masters degree • Filing multiple years • Filing first day • Using previously-obtained degree • Start your own business • Apply as H-1B employee? For more information, visit www.klaskolaw.com

13. 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 For more information, visit www.klaskolaw.com

14. H-1B Issues for Start-Up Business • Must establish company with employer tax I.D. number • Can company be owned by H-1B employee? • Must be W-2 employee • Company separate entity from owner/employee • Company right of control over employee For more information, visit www.klaskolaw.com

15. H-1B Issuesfor Start-Up Business • Company must prove • Financial ability to pay salary • Profits and/or capitalization • Real job to be done by H-1B • Place of business (cont’d) For more information, visit www.klaskolaw.com

16. H-1B Issues for Start-Up Business (cont’d) • Other employees or owners required? • Ability to hire/fire • Independent Board of Directors • Importance of business plan/financial projections • Prevailing Wage • CEO vs. function-descriptive position For more information, visit www.klaskolaw.com

17. Other Visa Options • F-1 • 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 • Country-Specific Options: TN-1, E-3, H-1B1 For more information, visit www.klaskolaw.com

18. Other Nonimmigrant (Temporary) Options Treaty (E) Visas • Must be national of treaty country • http://www.travel.state.gov./visa • Company must be owned at least 50% by treaty country nationals For more information, visit www.klaskolaw.com

19. Other Nonimmigrant (Temporary) OptionsTreaty (E) Visas (cont’d) • Visa for 1 to 5 years • Each entry limited to two years • Visa and entry can be extended indefinitely • No quota • Spouse can work For more information, visit www.klaskolaw.com

20. Other Nonimmigrant (Temporary) Options Treaty (E) Visas • Treaty traders (E-1) • “Substantial” import or export • Majority between U.S. and treaty country • Can be manager, supervisor or “essential skill” employee (cont’d) For more information, visit www.klaskolaw.com

21. Other Nonimmigrant (Temporary) Options Treaty (E) Visas • Treaty investors (E-2) • “Substantial” investment • No exact amount • Varies depending upon type of investment • Relevant issues • Amount of investment • Number of employees • Needs of business • Likely profitability and growth potential • Business plan and financial projections critical (cont’d) For more information, visit www.klaskolaw.com

22. Other Nonimmigrant (Temporary) Options Treaty (E) Visas • Visa applicant can be • Investor or • Manager, supervisor or essential employee (cont’d) For more information, visit www.klaskolaw.com

23. Intracompany Transferee(L-1) Visas • National of any country • No quota • Length of visa • Start up 1 year • Established business 3 years • Maximum length 7 years For more information, visit www.klaskolaw.com

24. Intracompany Transferee(L-1) Visas • Spouse can work • Must be “international” business • Business outside U.S. with at least 50% common ownership • Must be employed by that business one year • Type of employment (in U.S. and overseas companies) • Manager or executive • “Specialized knowledge” employee (cont’d) For more information, visit www.klaskolaw.com

25. Intracompany Transferee(L-1) Visas • Start-up issues • Place of business • Employees • Capitalization • Need for “manager” • Business plan and financial projections (cont’d) For more information, visit www.klaskolaw.com

26. Extraordinary Ability (O-1) Visas • National or international renown • “One of a few at the top of his peers” • Must be employer or agent • Can be own company • Length of visa • 3 years • 1 year extensions • Can extend indefinitely For more information, visit www.klaskolaw.com

27. Trainee (H-3) Visa • Corporate trainee • Training not available overseas • Formal training program required • Productive employment incidental to training • Training will qualify for position abroad For more information, visit www.klaskolaw.com

28. Permanent Resident Status • Family • Employment • Investment • Asylum • Lottery For more information, visit www.klaskolaw.com

29. Family • Spouse of U.S. citizen • No quota wait • EAD and AP within 3 months • All other relationships • Long quota wait • No interim benefits For more information, visit www.klaskolaw.com

30. Asylum • Individualized fear of persecution • Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit www.klaskolaw.com

31. Lottery • Only specified countries • One year window • www.travel.state.gov For more information, visit www.klaskolaw.com

32. Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Permanent Resident StatusEmployment For more information, visit www.klaskolaw.com

33. Self-Sponsored Extraordinary ability EB-1 Extensive documentation required Reference letters critical “One of a few at the top of his peers” National or international recognition Permanent Resident StatusEmployment (cont’d) For more information, visit www.klaskolaw.com

34. 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) For more information, visit www.klaskolaw.com

35. Employer-Sponsored Outstanding Researcher or Professor 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) For more information, visit www.klaskolaw.com

36. Labor Certification Application (PERM) EB-2 or EB-3 Employer must: Pay attorney fees and advertising costs Define “minimum requirements” Engage in required recruitment Interview U.S. worker applicants Prove unavailability of qualified, interested, and available U.S. worker Pay prevailing wage Not available to owner of business Permanent Resident StatusEmployment (cont’d) For more information, visit www.klaskolaw.com

37. Timing Electronic filing Possibility of audit First of three steps Permanent Resident StatusEmployment (cont’d) For more information, visit www.klaskolaw.com

38. 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) For more information, visit www.klaskolaw.com

39. 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) For more information, visit www.klaskolaw.com

40. Permanent Resident StatusEmployment 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 www.klaskolaw.com

41. Permanent Resident Status Investment (EB-5)http://www.eb5immigration.com • No quota delay • Amount of investment • $1,000,000 or • $500,000 in “targeted employment area” For more information, visit www.klaskolaw.com

42. Permanent Resident Status Investment (EB-5) (cont’d) • Two possibilities • Individual investment • Requires 10 full time US citizens or permanent resident employees • Regional center investment • Over 170 USCIS - approved regional centers • Mostly $500,000 investment • Indirect employment creation ok • 90-95% of all EB-5 applications For more information, visit www.klaskolaw.com

43. Permanent Resident Status Investment (EB-5) • Some have long, successful history – some do not • Choosing a regional center • Due diligence list at http://www.eb5immigration.com/choosing-a-regional-center.php • Investor can live and work anywhere (cont’d) For more information, visit www.klaskolaw.com

44. Permanent Resident Status Investment (EB-5) • Type of business • Active business • New business or expansion of existing business • 40% increase in net worth or number of employees (cont’d) For more information, visit www.klaskolaw.com

45. Permanent Resident Status Investment (EB-5) • Employment creation • 10 new or 10 additional full-time jobs • U.S. citizens or permanent residents • Saving 10 jobs in “troubled business” (cont’d) For more information, visit www.klaskolaw.com

46. Permanent Resident Status Investment (EB-5) • Lawful source of funds • Extensive documentation required • Can be gift • Must prove giftor's source of funds • Can borrow money (cont’d) For more information, visit www.klaskolaw.com

47. Permanent Resident Status Investment (EB-5) • Nature of investor’s relationship to business • Do not have to be employee (but can) • Do not have to be owner (but can) • Cannot be purely passive • Limited partner ok (cont’d) For more information, visit www.klaskolaw.com

48. Materials Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles. For more information, visit www.klaskolaw.com

49. For more information, visit www.klaskolaw.com

50. For Further Information William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP E-mail: wstock@klaskolaw.com Telephone: 215-825-8600 (Philadelphia) 212-796-8840 (New York) Websites:www.klaskolaw.com www.eb5immigration.com www.eb1immigration.com Blog:http://blog.klaskolaw.com