foreign national physicians and researchers: institutional immigration law considerations

Foreign National Physicians and Researchers:

Institutional Immigration Law Considerations

William A. Stock, Esq.Klasko, Rulon, Stock & Seltzer, LLPKlasko, Rulon, Stock & Seltzer, LLP

Philadelphia New York1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840

[email protected] www.klaskolaw.com

Klasko, Rulon, Stock & Seltzer, LLP

William A. Stock, Esq.

William A. 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 nearly 15 years. .

Bill is featured in The Chambers Global Guide, The Best Lawyers in America, and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, and in 2000 he received AILA’s Joseph Minsky Award, given to the lawyer under age 35 who has made the most outstanding contributions to the field of immigration law.

Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and currently is an Adjunct Faculty Member at Villanova University School of Law.


Choice of Visa Issues


Advantages of J-1

No employer sponsorship No recordkeeping No H-1B fees No institutional liability No prevailing wage No posting Spouse employment


Advantages of H-1B

Easy to change programs Moonlighting Easier to retain after postdoc (no two year

return)

Easier travel Can do premium processing Attract more qualified researchers


Other Visa Options

O-1 TN-1 EAD

Change of status vs. visa processing


H-1B Issues

Review of Eligibility Requirements Wage Requirements Public Examination Files Eligibility for Change of Status Multiple Employers Part-time of Full-time


Hot TopicsH-1B Issues (cont’d)

H-1B Quotas When Leaving Fox Chase Who is subject? Who is exempt? Creative strategies for claiming exemption Creative strategies for cap-subject

H-1B Fees Who is subject? What fees can be paid by foreign national?


H-1B Issues (cont’d)

Six-Year Limit Strategies to avoid Strategies to extend

Institutional Liability Issues Commencement Date Wages LCA/Public Examination File Requirements Change of Location of Employment


H-1B Issues (cont’d)

Institutional Policy Issues Premium Processing Volunteering Travel


Retaining J-1 IMGs and Researchers

Is doctor subject to 2-year return requirement?

If doctor is subject, does he/she need a waiver?

Institutional Policies on J-1 Waivers

Institutional Policies on O-1’s


Types of J-1 Waivers Clinical doctors

State 30 Federal programs

Researchers HHS waiver Other government agencies

Other types of waivers No objection Persecution Exceptional hardship


Obtaining O-1 Visas

Proving extraordinary ability Researchers Clinical doctors

Length of stay


Sponsoring for Permanent Residence

Choice of Who to Sponsor Choice of When to Sponsor Who can sign for institution? Use of Referral to Outside Counsel Sponsoring for Labor Certification Extraordinary Ability National Interest Waiver Concurrent Processing


PERM Policy Issues

Sponsor or not? Payment of legal fees and advertising costs Who’s in charge? Limitation of authorized users? Recruitment sources? Experience gained with sponsoring employer Date tracking system Preparing/retaining audit file


Travel Issues

Risks of Travel Delays Security Clearances Denials of Visas

Alternatives to Avoid or Lessen Risks Canada and Mexico Advance Parole Don’t Travel


Institutional Responsibilities

Avoiding National Origin/Citizenship Discrimination Questions to Ask/Not to Ask Job Applicants Employment Application Timing of Completion of 1-9 Document Abuse Importance of Consistency


Questions ?


Speaker Contact Information

William A. Stock, Esq.


[email protected]

215-825-8600 (Philadelphia)

www.klaskolaw.com

foreign national physicians and researchers: institutional immigration law considerations

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