hot topics in immigration law for clinicians & post-docs suzanne seltzer, esq. kate kalmykov,...
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Hot TopicsHot Topicsin Immigration Lawin Immigration Law
forfor Clinicians & Post-Docs Clinicians & Post-Docs
Suzanne Seltzer, Esq. Kate Kalmykov, 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 www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Suzanne B. Seltzer, Esq.
Suzanne B. Seltzer is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP, and manages the New York office. Suzanne is well known for her representation of universities, hospitals and research institutions and their medical and research personnel in obtaining extraordinary ability and national interest waiver immigrant petitions, O-1 nonimmigrant visas, and waivers of the two-year home country residence requirement.
Suzanne holds several leadership positions within the immigration bar. She is the current Chair of the Vermont Service Center Liaison Committee, co-Chairs the National Coalition for Access to Healthcare, and is the past Co-Chair of AILA’s NY District Director Liaison Committee.
Suzanne was honored with the Cornerstone Award by the Lawyers Alliance for New York in recognition of her outstanding contributions to pro bono work on behalf of non-profit agencies, and the Samuel E. Klein Pro Bono Award for her work on behalf of victims of human trafficking.
Suzanne is named in The Best Lawyers in America, Best Lawyers in New York, SuperLawyers, and holds the highest rating of “AV” (LexisNexis Martindale-Hubbell).
Suzanne obtained her JD from Georgetown University Law Center.
Klasko, Rulon, Stock & Seltzer, LLP
Kate Kalmykov, Esq.
Kate Kalmykov, an Associate in the Firm's New York City office, focuses her practice on business immigration.
Kate has extensive experience working with various human resources departments on employment verification and worksite enforcement matters including I-9 and H-1B audits.
Kate has handled numerous family and naturalization based matters and has successfully resolved security name check delays for adjustment of status and naturalization applicants through the filing of mandamus actions in federal district court.
Kate received her J.D. from the American University and is admitted to practice in New York and New Jersey.
A member of the American Immigration Lawyers Association, Kate is a member of the Corporate Practice and CLE committees of its New York Chapter.
Klasko, Rulon, Stock & Seltzer, LLP
Hot Topics in Immigration Law
Agenda
Current Issues in H-1B Visas Current Issues J-1 Visas Current Issues in O-1 Visas Permanent Residence Status Travel Issues Q&As
Klasko, Rulon, Stock & Seltzer, LLP
H-1B
Basic requirements Procedure and processing times Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Travel
Klasko, Rulon, Stock & Seltzer, LLP
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
Strategies and timing
Klasko, Rulon, Stock & Seltzer, LLP
J-1
Who is subject to 2-year home residency requirement?
What does it mean to be subject? Options if subject
Return home Where is home? Aggregating trips
O-1 Waiver
Klasko, Rulon, Stock & Seltzer, LLP
J-1 Waiver Options Waiver options
HardshipPersecutionFederal government agency waiver
HHS waiver VA waiver ARC Waiver DRA waiver
State 30 waiver (clinical only)No objection waiver (researchers only)
Klasko, Rulon, Stock & Seltzer, LLP
O-1
Employer sponsored Standards Documentation Reference letters Processing time/issues Length of approval Extensions
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident Status
Family Employment Investment Asylum Timing
Quotas/priority datesProcessing times
Klasko, Rulon, Stock & Seltzer, LLP
Employment
Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest Extraordinary Ability/Outstanding Researcher
EB-1 Standards Documentation Reference letters
National Interest Waiver EB-2 Standards
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusLabor Certification Application
PERM program first of 3 steps Recruitment Prevailing wage Legal issues Timing Employer Pays I-140 Immigrant Petition second of 3 steps
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusAdjustment of Status
Third Step Timing
Preference categories/quotas Priority dates Processing times
Employment authorization Advance parole Adjustment portability H-1b extensions
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 ?Questions ?
Klasko, Rulon, Stock & Seltzer, LLP
Contact Information
Suzanne Seltzer, Esq. Telephone: 212-796-8846 Fax: 212-297-1799 Email: [email protected]
Kate Kalmykov, Esq. Telephone: 212-796-8856 Fax: 212-297-1799 Email: [email protected]
Please also visit our website at www.klaskolaw.com