lisa t. felix, esq. | michelle t. kobler, esq. klasko immigration law partners, llp philadelphia new...

Lisa T. Felix, Esq. | Michelle T. Kobler, Esq.

Klasko Immigration Law Partners, LLP

Philadelphia New York Chicago

Immigration Optionsfor Scholars and Researchers

Thursday, Apr i l 9 , 2015


Lisa Felix represents corporate and educational clients who seek to hire or transfer foreign employees, as well as foreign individuals seeking employment in the United States. She advises employers on immigration compliance, responding to government investigations, and immigration strategy and planning.

Before practicing as an attorney, Lisa worked extensively in higher education, providing immigration services to students, faculty, researchers, and administrators at the University of Pennsylvania, the State University of New York at Buffalo, and at Southern Illinois University–Carbondale’s branch campus in Niigata, Japan.

Lisa is an active member of the American Immigration Lawyers Association, where she has served as co-chair of the AILA Philadelphia Chapter's Pro Bono Committee, and on the organizing committee of the chapter’s annual conference. Lisa is a returning member of NAFSA: Association of International Educators.

Lisa is a 2005 graduate of Temple University’s Beasley School of Law.

Lisa T. Felix, Esq.

http://www.klaskolaw.com/our-team.php?action=view&id=35


Michelle T. Kobler, Esq.

Michelle Kobler is an Associate in the Firm’s Philadelphia office, and focuses her practice on both employment-based and family-based immigration.

A graduate of Wellesley College (B.A., 2006), Michelle received her law degree from the George Washington University Law School (J.D., with Honors, 2011). Michelle is currently admitted to practice in New York and Massachusetts and is a member of the American Immigration Lawyers Association. She has experience representing clients before Immigration Court and the Citizenship and Immigration Services.

http://www.klaskolaw.com/our-team.php?action=view&id=24


Immigration Options for Scholars and Researchers

Agenda Nonimmigrant vs. Immigrant Nonimmigrant:

H-1B Visas and Quota J-1 Visas and Waivers O-1 Visas Others

Permanent Residence Q&As

For more information, visit www.klaskolaw.com

http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=hEkhE91dES1oKM&tbnid=IIoQdoEnGfupIM:&ved=0CAUQjRw&url=http://www.haddonfield.k12.nj.us/Drexel/Drexel%20University%20-%20HMHS.htm&ei=LimBUpaRMPOxsATJ_4HQBA&bvm=bv.56146854,d.cWc&psig=AFQjCNE4dta1AVyOyXCiWygz7bCyQ_pPMw&ust=1384282648574787


Immigrant vs. Nonimmigrant Visas

Immigrant VisaGreen Card/Permanent Residency

Nonimmigrant Visa (NIV)H, F, J, O, etc.Limited durationSpecific to employer/institutionSpecific to purpose (work/study/tourism)May need to establish “non-immigrant” intent


http://www.google.com/url?sa=i&rct=j&q=&esrc=s&frm=1&source=images&cd=&cad=rja&docid=GUPK1kB2YFTytM&tbnid=pW0IyAE21tx7TM:&ved=0CAUQjRw&url=http://www.duidefenselawyervirginia.com/667503/2013/03/20/immigrant-vs-non-immigrant-visas.html&ei=LKldUoXlEvb-4APc94GQAQ&bvm=bv.53899372,d.dmg&psig=AFQjCNHj32EVEP8TNrz6Bk3xpO2GrzpTdw&ust=1381956211056819



Common Nonimmigrantto Immigrant Progression

F-1 – attend school

F-1 OPT – start work

H-1B – continue working; Cap subject? Cap exempt?

H-1B – change employer? 6 years maximum in H status




Nonimmigrant to ImmigrantH-1B – change employer, requires new petition

may start working under ‘H-1B portability’

4th Year H-1B status – start thinking about LPR

Maintain NIV status until LPR

6 years in H-1B, other options? Eligible to file adjustment of status?




H-1B Visas Basic requirements

Job Offer Prevailing Wage Bachelors or higher degree Specialty occupation

Procedure and processing times – Start with ISSS Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Spouses Travel




H-1B Quota

What is it, and what does it mean? Separate quota for US-educated advanced

degree holders Separate options for Canada, Mexico, Australia,

Chile and Singapore Timing

April 1 filing date October 1 start date




Quota-Exempt Employment

Who is not subject to the quota?UniversitiesNonprofit institutions affiliated with universitiesEmployed “at” universityNonprofit or government research organizationConcurrent employmentPrevious H-1B




J-1 Visas

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 visa Waiver




Avoiding Need for J-1 Waiver Researchers

Who decides if 2 year return requirement? CIS – not DOS Visa, DS 2019, advisory opinion not determinative

Only subject if Skills list Government financing Graduate medical education or training




Avoiding Need for J-1 Waiver

Skills list advocacy Country of citizenship or country of last residence

Country of last residence vs. country of last permanent residence

Proving different skills list category Effect of new country of citizenship

(cont’d)




Avoiding Need for J-1 Waiver

Government financing advocacy Must be during J status Indirect government financing Funds earmarked for exchange program


(cont’d)



Visa Options Without Needing Waiver

Anything other than H or L visa or change of statusO-1, TN-1, E-3 okChange of status from F-1 (or other) to H-1B okLabor certification and I-140 can be approved

DS230 can be filed I-485 cannot be filed (except clinical NIW)




Fulfilling Two-Year Return Requirement

Return to country of nationality or last residence? Can fulfill sequentially




J-1 Waiver Options

No objection statement Exceptional hardship Persecution Interested government agency




Nonimmigrant Option:O-1 Visa

Extraordinary Ability Factors Considered in Initial Evaluation

1st authored articles / presentationsCitationsBook chapters / review articlesPeer reviewer / manuscript reviewer




Other Nonimmigrant Employment Options

B-1/B-2 (Visitor for Business/Pleasure) TN (Canada/Mexico) L-1 (Intracompany Transferee) E-1/E-2 (Treaty Trader/Investor) E-3 (Australia)




What is Permanent Residency?

Authorization to Live & Work Indefinitely in the United States

“Immigrant Visa” The “Green Card” Not always ‘forever’ – may be abandoned or

taken away




Application Pathwaysfor Permanent Residency

Family Investment Asylum Employment DV Lottery




Permanent Residency Quotas

Annual Limit on Immigrant Visas (Permanent Residency)

Per Country Limit – 7% Allocated by:

Priority Date – place in line Preference Category




Spouse of U.S. citizenNo quota waitEAD and AP within 3 monthsTravel may result in loss of status unless H-1B

All other relationshipsLong quota waitNo interim benefits

Family




Investment

$500,000 or $1,000,000 Individual investment or regional center




Asylum

Individualized fear of persecution Race, religion, nationality, political opinion,

social group, sexual persuasion




Lottery

Only specified countries One year window www.travel.state.gov Effect of application on future visa applications




Permanent Resident StatusEmployment

Employer-sponsored or self-sponsored Labor certification or

extraordinary/national interest/exceptional Multiple petitions




Permanent Residency Quotas Employment Based Preferences

First Preference (EB-1) Extraordinary Ability, Outstanding Researcher, Multinational

Executive Second Preference (EB-2)

Nat’l Interest Waivers, Labor Certification for Advanced Degreed Professionals, Bachelors plus 5 years exp.

Third Preference (EB-3) Skilled Worker (2+ years experience), Labor Certification for

Bachelor’s Degree

For more information, visit www.eb1immigration.com



Permanent Resident StatusEmployment

Can get advance parole travel document Eliminate need to obtain visas Can still maintain and extend H-1B status

Can leave employer if I-140 approved I-485 pending 180 days Similar occupation

Permanent resident upon approval Timing and delay issues


(cont’d)



Materials

Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.




Questions?



Lisa T. Felix, Esq.215.825.8612

[email protected]

Michelle T. Kobler, Esq.215.825.8606

[email protected]


Philadelphia New York Chicago

For Further Information


www.klaskolaw.com

www.eb1immigration.com

www.worksite-compliance.com

www.eb5immigration.com

http://blog.klaskolaw.com

online


DISCLAIMER / COPYRIGHT NOTICE

The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.

Copyright © 2015 Klasko Immigration Law Partners, LLP. All rights reserved.

Copyright © 2015. All rights reserved.

lisa t. felix, esq. | michelle t. kobler, esq. klasko immigration law partners, llp philadelphia new...

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