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Immigration Options for Scholars and Researchers Wednesday, October 8, 2008

Immigration Options for Scholars and Researchers Wednesday, October 8, 2008. H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor 317 Madison Ave., Suite 1518

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Immigration Options for Scholars and Researchers Wednesday, October 8, 2008

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  1. Immigration Optionsfor Scholars and ResearchersWednesday, October 8, 2008 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 Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP, the first immigration law firm global partner of NAFSA: Association of International Educators. He has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for over 25 years. • Ron is a former National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. He is a past Chair of AILA’s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is one of only two recipients of the American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law. • Ron has been chosen as one of twelve top tier immigration lawyers in the U.S. 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” business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration 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 and Lehigh University (magna cum laude 1971).

  3. Hot Topics in Immigration LawAgenda • Current Issues in H-1B Visas • Current Issues in J-1 Visas • Current Issues in O-1 Visas • Permanent Residence Status • Travel Issues • Q&As

  4. H-1B Visas • Basic requirements • Job Offer • Prevailing Wage • Bachelors or higher degree • Specialty occupation • Procedure and processing times • Specialty occupation issues • Part-time or full-time • Length of approval • Extensions • Portability • Spouses • Travel

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

  6. 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

  7. 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

  8. Travel and Status Issues for H-1B Approvals • Change of status vs. consular visa issuance • Travel after April 1 • Maintaining status until October 1

  9. J-1 Visas • 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

  10. J-1 Visas(cont’d) • Waiver options • No objection waiver • Hardship • Persecution • Federal government agency waiver

  11. O-1 Visas • Employer sponsored • Standards • Documentation • Reference letters • Processing time/issues • Length of approval • Extensions • Spouses

  12. Permanent Resident Status • Family • Investment • Asylum • Employment

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

  14. Extraordinary ability/Outstanding Researcher EB-1 Standards Documentation Reference letters National Interest Waiver EB-2 Standards Permanent Resident StatusEmployment(cont’d)

  15. Labor Certification Application (PERM) Employer Sponsored Recruitment Prevailing wage Legal issues Timing First of 3 steps Permanent Resident StatusEmployment(cont’d)

  16. Permanent Resident StatusAdjustment of Status (I-485) • Timing • Preference categories/quotas • Priority dates • Processing times • Concurrent filing (I-140/I-485) • Employment authorization • Advance parole

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

  18. 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

  19. Questions ?

  20. 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

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