immigration options for post-docs and scientists
DESCRIPTION
Immigration Options for Post-Docs and Scientists. Klasko, Rulon, Stock & Seltzer, LLP Suzanne B. Seltzer Philadelphia - New York. Immigration Opportunities Agenda. H-1B Quota J-1 Waivers The O-1 Visa Permanent Residence Status Q&As. H-1b Quota. What is it and what does it mean? - PowerPoint PPT PresentationTRANSCRIPT
Immigration Optionsfor Post-Docs and
Scientists
Klasko, Rulon, Stock & Seltzer, LLP
Suzanne B. Seltzer
Philadelphia - New York
Immigration Opportunities
Agenda H-1B Quota J-1 Waivers The O-1 Visa Permanent Residence Status Q&As
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
J-1 Visa
Who is subject to 2-year return? Exchange Visitor Skills List
Right Skill? Right List?
Government Funding U.S. or Home Country Direct or Indirect
Graduate Medical Training
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…
If Subject, Are there 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
J-1 Waiver Options
Waiver options Hardship Persecution No objection waiver Federal government agency waiver
Health & Human Services National Science Foundation Department of Energy Other IGA
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
O-1 (cont’d)
What’s Included in the Petition Reference letters
Independent referees Addressing O-1 criteria
Corroborating Documentation Processing time/issues Length of approval Extensions
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 vs 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)
How Do I Apply?
Family Investment Asylum Employment DV Lottery
Permanent Residency Quotas
Annual Limit on Permanent Residency Per Country Limit – 7% Allocated by:
Priority Date – place in line Preference Category
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 November 2011
EmploymentBased
All Charge-ability Areas Except Those
Listed
CHINA- mainland
bornINDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01NOV07 01NOV07 C C
3rd 22DEC05 22AUG04 22JUL02 22DEC05 22DEC05
Other Workers* 15NOV05 22APR03 15JUN02 15NOV05 15NOV05
4th C C C C C
Certain Religious Workers
C C C C C
5th Targeted Employment
Areas/Regional
Centers and Pilot
Programs
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
Predictions from State Department for FY2012 EB-1 approvals are down almost 50% This will advance EB-2 in China or India China EB-3 will advance a little; India EB-3 not at all
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: EB-1Extraordinary Ability/EB-1 (I-140, filing fee $580)
“One of a Few at the Top” ‘Self-Petition’ – no need for employer sponsor 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
Employment Based: EB-1 (cont’d)
Outstanding Researcher/EB-1 (I-140, filing fee $580) Similar to Extraordinary Ability Requires employer sponsor At least 3 Years experience Permanent job offer Qualified Employers:
Academic Institutions Industry
At least 3 FT researchers Recognition in field
New EB-1 Guidance (Kazarian)
Issued December 2010
Establishes Two-Part Analysis of EB-1
Does Petition Contain Evidence of Requisite Number of Criteria?
‘Final Merits Analysis’ – does evidence demonstrate that beneficiary is one of a very few at the top of the field?
New EB-1 Guidance (cont’d)
Implications of Two Part Analysis
‘Final merits analysis’ is an opportunity to second guess the criteria – more subjective adjudication
USCIS provides no clear guidelines for applying final merits analysis
Confusion among adjudicators as to the correct standards to apply
Employment Based: EB-2
National Interest Waiver/EB-2 (I-140, filing fee $580)
Self-Petition, no employer sponsor req’d Three Prong Test
Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers
Preparation/Processing Times India/China backlog
Employment Based: Employer Sponsored
Labor Certification Application (PERM) Employer MUST Pay Costs Recruitment Prevailing wage First of 3 steps
2nd Step – I-140 3rd Step – I-485 or IV Consular Process
No filing fee for this step
(cont’d)
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 $1070, 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
(cont’d)
Issues Relating to NIV Status During Permanent Residency Process
Travel Extensions of Status Dependents Eligibility for OPT
Questions
Any Questions?
Contact Information
Suzanne B. Seltzer, Esq. Telephone: 212-796-8840
Fax: 212-297-1799
Email: [email protected]
Websites: www.klaskolaw.com
www.eb1immigration.com
www.eb5immigration.com