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Immigration Options
for MBA StudentsFriday, October 24, 2008Friday, October 24, 2008
H. Ronald Klasko, Esq.Klasko, Rulon, Stock & Seltzer, LLPKlasko, Rulon, Stock & Seltzer, LLP
Philadelphia New York1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840
rklasko@klaskolaw.com www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H. Ronald Klasko, Esq.
Ron Klasko has 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.
Klasko, Rulon, Stock & Seltzer, LLP
Immigration Options for Students and Scholars
Agenda
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
Klasko, Rulon, Stock & Seltzer, LLP
Immigration Options for Students and Scholars
Agenda (cont’d)
Other Options (EB-5) Travel Issues Question & Answer Session
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Visas
Basic requirementsJob Offer
Part-time or full-timeBachelors 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 fieldPrevailing wage
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Visas (cont’d)
Employer requirementsU.S. employerPay feesPost noticeKeep public examination file
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Visas (cont’d)
Procedure and processing timeFile Labor Condition Application with DOLFile H-1B petition with CISChange of status or consular visa issuanceProcessing time
3 to 5 months 15 days or less with premium processing ($1000)
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Visas (cont’d)
Length of approval and extensions3 year initial approval and 3 year extension6 year maximum – any combination of
employersExtensions 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
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Visas (cont’d)
H-1B portabilityPresent or prior H-1BCommence employment upon new employer
filing petition Spouses
H-4 cannot work Travel
Dual intent
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
Quota-Exempt Employment
Who is not subject to the quota?UniversitiesNonprofit institutions affiliated with universitiesEmployed “at” universityNonprofit or government research organizationConcurrent employmentPrevious H-1B
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
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.
Klasko, Rulon, Stock & Seltzer, LLP
H-3Corporate traineeTraining not available overseasFormal training program requiredProductive employment incidental to training Training will qualify for position abroad
Other Visa Options (cont’d)
Klasko, Rulon, Stock & Seltzer, LLP
H-2BNumerical 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
Other Visa Options (cont’d)
Klasko, Rulon, Stock & Seltzer, LLP
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
Other Visa Options (cont’d)
Klasko, Rulon, Stock & Seltzer, LLP
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
Other Visa Options (cont’d)
Klasko, Rulon, Stock & Seltzer, LLP
Waiver options No objection waiver HardshipPersecutionFederal government agency waiver
Other Visa Options (cont’d)
Klasko, Rulon, Stock & Seltzer, LLP
EB-5$500,000 or $1,000,000Own business or regional centerNew business or expand existing businessCreate 10 jobsLawful source of funds
Other Options
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
Questions ?
Klasko, Rulon, Stock & Seltzer, LLP
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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