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Immigration Opportunities for Post Doctoral Researchers

Immigration Opportunities for Post Doctoral Researchers. Suzanne B. Seltzer Kate Kalmykov Klasko, Rulon, Stock & Seltzer, LLP Philadelphia - New York. Immigration Opportunities Agenda. H-1B Quotas J-1 Waivers The O-1 Visa Permanent Residence Status Q&A’s. H-1B Quota.

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Immigration Opportunities for Post Doctoral Researchers

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  1. Immigration Opportunities for Post Doctoral Researchers Suzanne B. Seltzer Kate Kalmykov Klasko, Rulon, Stock & Seltzer, LLP Philadelphia - New York

  2. Immigration OpportunitiesAgenda • H-1B Quotas • J-1 Waivers • The O-1 Visa • Permanent Residence Status • Q&A’s

  3. H-1B Quota • What is it and what does it mean? • Who is not subject to the quota? • Universities • Nonprofit institutions affiliated with universities • Employed “at” university • Nonprofit or government research organization • Previous H-1B under cap • Concurrent employment • Cap Exempt to Cap Subject

  4. J-1 Visa • Who is subject to 2-year return? • Exchange Visitor Skills List • Government Funding • U.S. or Home Country • Direct or Indirect (i.e. – International Organization that receives U.S. or home country funding) • Graduate Medical Training

  5. What Does it Mean to be Subject • Ineligible for Certain Visas • H-1B • L-1 • K • Ineligible to apply for final step of Green Card • I-485 • IV Consular Processing • But may commence initial steps…

  6. If Subject, What are the Options • Return home • Where is home? • Aggregating trips • Apply for a Waiver • Obtain an O-1 Visa • Requires an employer willing to sponsor • Must Demonstrate “Outstanding” in field

  7. J-1 Waiver Options • Waiver options • Hardship • Persecution • No objection waiver • Federal government agency waiver • Health & Human Services • National Science Foundation • Department of Energy

  8. O-1 – Alien of Extraordinary Ability • Factors Considered in Initial Evaluation • 1st authored articles/impact factors • Citations to 1st authored work • Conference presentations • Book Chapters/review articles • Peer reviewer/manuscript reviewer

  9. O-1 (Cont’d) • Included in the Petition • Supporting Documentation • Reference letters • Independent referees • Addressing O-1 criteria • Processing time/issues • Length of approval • Extensions

  10. Permanent Residency/Green Card • Authorization to Live & Work Indefinitely in the United States • “Immigrant Visa” • The “Green Card” or “Form I-551” • Not always ‘forever’ – may be abandoned or taken away

  11. How Do I Apply? • Family • Investment • Asylum • Employment

  12. Employment Based (EB) Permanent Residency • Employer-sponsored or self-sponsored • Labor certification or extraordinary/national interest/exceptional • Multiple petitions • Multi-Step Process • I-140 – establishing eligibility • I-485 – register for permanent residency

  13. Permanent Resident Quotas • Annual Limit on Permanent Residency • Per Country Limit – 7% • Allocated by: • Priority Date – place in line • Preference Category

  14. Permanent Resident Quotas • Employment Based Preferences • First Preference (EB-1) • Extraordinary Ability, Outstanding Researcher • Second Preference (EB-2) • Nat’l Interest Waivers, Advanced Degree Professionals, Bachelor’s plus 5 years exp.

  15. Permanent Resident Quotas,How to Determine if Current • Visa Bulletin • http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html • “Oversubscribed” versus “Available” • Available if: • Visa Bulletin indicates “C” = current • Priority date earlier than posted date

  16. Employment Based (EB) Permanent Residency: Self-Petitions Extraordinary Ability (I-140 Petition) • EB-1 • Initial Evaluation Similar to O-1 • Documentation/Reference Letters Similar to O-1 • Slightly Higher Standard

  17. Employment Based (EB) Permanent Residency: Self-Petitions National Interest Waiver (I-140 Petition) • EB-2 • Three Prong Test • Substantial Intrinsic Merit • National in Scope • Substantially Better than Peers

  18. Employment Based (EB) Permanent Residency: Employer-Sponsored • Outstanding Researcher (I-140) • EB-1 • Evaluation/Documentation Similar to O-1 • Three Years Experience in Academic Field • If gained during studies, research must have been recognized as “outstanding” • “Permanent” or Tenure Track Job Offer • Employer – Academia or Industry • If industry, must have 3 FT researchers • If industry, must document accomplishments

  19. Employment Based (EB) Permanent Residency: Employer-Sponsored • PERM • EB-2, as long as job requires advanced degree • Employer MUST Pay Costs • Test of Job Market – Extensive Recruitment • Minimum Requirements for Position • Prevailing Wage from Department of Labor • Filed with Department of Labor • First of 3 steps (precedes I-140/I-485)

  20. Permanent Resident StatusAdjustment of Status (I-485) • Timing • Preference categories/quotas • Priority dates • Processing times • Concurrent filing (I-140/I-485) • Employment Authorization Document (EAD) • Advance Parole (AP) • Adjustment portability

  21. Questions Any Questions?

  22. Contact Information Suzanne B. Seltzer, Esq. • Telephone: 212-796-8846 • Fax: 212-297-1799 • Email: sseltzer@klaskolaw.com • http://www.klaskolaw.com/information-for-individuals.php Kate Kalmykov, Esq. • Telephone: 212-796-8856 • Fax: 212-297-1799 • Email: kkalmykov@klaskolaw.com • http://www.klaskolaw.com/information-for-individuals.php

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