immigration considerations for a post-yale world klasko, rulon, stock & seltzer, llp suzanne b....

Immigration Considerations

for a Post-Yale World

Klasko, Rulon, Stock & Seltzer, LLP

Suzanne B. Seltzer, Esq.Kate Kalmykov, Esq.Philadelphia - New York


Agenda

H-1B Visas & Alternatives J-1 Issues

Am I Subject? If yes, What are my Options?

Options for Permanent Residence Q&As


H-1B Visas

Basic requirements Job Offer Prevailing Wage Specialty occupation Related Bachelors or higher degree

Procedure and processing times Part-time or full-time Length of approval Extensions Portability


H-1B Quota

What is it and what does it mean? 65,000 H-1bs

FY2009 still going…! FY2008 gone by April 3, 2007 FY2007 gone by May 2006 FY2006 gone by August 2005 FY2005 gone by October 2004

20,000 for US awarded advanced degrees FY2009 gone FY2008 gone by April 30, 2007 FY2007 gone by August 2006 FY2006 gone by January 2006


Avoiding H-1B Quota

Exemption based on employer Universities Non-profit affiliated with universities Non-profit or gov’t research organization Or place of employment, law says “at”

Exemption based on employee Previously counted Singapore/Chile Concurrent employment


Can’t avoid the quota, planning strategies? Filing April 1 for Oct 1 start date Going from quota exempt to quota subject

Portability? Concurrent employment? Working “at” University or non-profit


Alternatives to H-1B

Alternative Visa Options O-1 E-3 (Australians)

TN (Canadian/Mexicans)

J-1

E visas (treaty between home & US) L visas (work for company overseas, transfer to US)

I visa (journalists – disseminate news abroad)


More alternatives…

Alternative Visa Options (cont’d) EAD through spouse’s status

J-2 E L-2 I-485


J-1: Am I Subject?

Who is subject to 2-year return? Exchange Visitor Skills List

Right Skill? Right List?

Receipt of Government Funding ECFMG Sponsored for GME


What does it mean to be subject?

What Can’t I do? No H Visa No L Visa No K Visa No Immigration Visa (final step of green card)

What Can I do? Go Home Apply for Visa other than H or L Obtain a Waiver


J-1 Waiver Options

Waiver options Hardship Persecution Federal government agency waiver State 30 waiver (clinical only) No objection waiver


What is Permanent Residency?

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


Immigrant Versus Non-Immigrant Visas

Immigrant Visa Green Card/Permanent Residency

Non-Immigrant Visa (NIV) H, F, J, O, etc Limited duration Specific to employer/institution Specific to purpose (work/study/tourism)


Permanent Residency Quotas

Annual Limit on Permanent Residency Per Country Limit – 7% Allocated by:

Priority Date – place in line Preference Category


How Do I Apply?

Family Investment Asylum Employment


Permanent Residency Quotas

Employment Based Preferences First Preference (EB-1)

Extraordinary Ability, Outstanding Researcher, Multinational Executive

Second Preference (EB-2) Nat’l Interest Waivers, Advanced Degreed Professionals,

Bachelors plus 5 years exp. Third Preference (EB-3)

Skilled Worker (2+ years experience), Bachelor’s Degree


Permanent Residency Quotas, Where Are We Now?Visa Bulletin for December 2009

All Chargeability Areas Except Those Listed

CHINA-mainland born

INDIA MEXICOPHILIPP-INES

EmploymentBased

1st C C C C C

2nd C 01APR05 22JAN05 C C

3rd 01JUN02 01JUN02 22APR01 01JUN02 01JUN02

4th C C C C C

5th C C C C C


Permanent Residency Quotas,Where are We Now? “Oversubscribed” versus “Available”

Available if: Visa Bulletin indicates “C” = current Priority date earlier than posted date

Current Situation (Nov 2009) EB-3

China – June 1, 2001 India - April 22, 2001 Mexico – June 1, 2001 All Other – June 1, 2002


Permanent Residency Quotas,Where are We Now?

Current Situation EB-2

China – March 22, 2005 India – January 22, 2005 “all other” – Current

EB-1 Current


Employment Based (EB) Permanent Residency

Employer-sponsored or self-sponsored Labor certification or extraordinary/national

interest/exceptional Multiple petitions Multi-Step Process Non-Immigrant Status?


Employment Based (EB) Permanent Residency: Self-PetitionsExtraordinary Ability/EB-1 (I-140, filing fee $475)

“One of a Few at the Top” Factors Considered in Initial Evaluation

1st authored articles/impact factors Citations to 1st authored work Conference Presentations Peer Review/Manuscript Review Work References from independent Experts Documenting Regulatory Criteria

Preparation/Processing Times


I-140 Self-Petitions (cont’d)

National Interest Waiver/EB-2 (I-140, filing fee $475) Three Prong Test

Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers


Employment Based (EB) Permanent Residency: Employer-SponsoredOutstanding Researcher/EB-1 (I-140, filing fee $475)

Similar to Extraordinary Ability At least 3 Years experience Qualified Employers:

Academic Institutions Industry

at least 3 FT researchers Recognition in field


Employment Based (EB) Permanent Residency: Employer-Sponsored Labor Certification Application (PERM)

Employer Sponsored Employer MUST Pay Costs Recruitment Prevailing wage Timing First of 3 steps No filing fee for this step


Permanent Resident StatusAdjustment of Status (I-485) Timing

Preference categories/quotas Priority dates Processing times

Concurrent filing (I-140/I-485) I-485 filing fee $1010, includes:

Employment authorization (I-765) Advance parole (I-131)


Permanent Resident StatusAdjustment of Status (I-485)

Adjustment portability H-1B Extensions

One Year Three years

Spouses


Issues Relating to NIV Status During Permanent Residency Process Travel Extensions of Status Dependents Eligibility for OPT


Contact Information

Suzanne B. 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]

Websites: www.klaskolaw.com http://blog.klaskolaw.com www.eb5immigration.com

immigration considerations for a post-yale world klasko, rulon, stock & seltzer, llp suzanne b....

Documents

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h visa

llp immigrant

llp alternatives

nonprofit slide

llp agenda h

llp suzanne

gme slide