suzanne b. seltzer, esq. klasko, rulon, stock & seltzer, llp new york philadelphia 317 madison...

Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP

New York Philadelphia317 Madison Avenue, Suite 1518 1800 John F. Kennedy Blvd., Floor 17 New York, NY 10017 Philadelphia, PA 19103212.796.8840 215.825.8600

[email protected] www.klaskolaw.com

ImmigrationImmigrationPOST-OPTPOST-OPT

Klasko, Rulon, Stock & Seltzer, LLP

Suzanne B. Seltzer, Esq.

Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP. Ms. Seltzer is the Chair of the American Immigration Lawyer's Association (AILA) USCIS Benefits & Policy Liaison Committee, is a member of AILA’s InterAgency Liaison Committee, and recently completed her tenure as the Vermont Service Center (VSC) liaison and as a NAFSA Regulatory Ombudsman. Ms. Seltzer speaks and writes extensively on visa options for scientists and researchers.

She is listed in Best Lawyers in America, Chambers USA, New York SuperLawyers, and the International Who's Who of Corporate Immigration Lawyers.

A magna cum laude graduate of the University of Pennsylvania, Ms. Seltzer received her law degree from Georgetown University’s Law Center (cum laude).


Agenda

Lawful Status in the U.S. Nonimmigrant Status Permanent Residence Status Travel Issues Q&As

For more information, visit www.eb1immigration.com


Maintaining Lawful Status

The Lingo ‘Visa’

Permission to re-enter the U.S. after a trip abroad (stamp in passport)

Obtained at a consulate outside the U.S. Valid visa not required inside the U.S. Specific to classification – i.e. F, J, H, O




‘Status’ Permission to remain in the U.S. for a fixed period Denoted by ‘I-94’ card (For Fs – with I-20; for Js – with

DS-2019) Permissible activities in the U.S. determined by status Can only hold status in one classification at a time (i.e. -

cannot have an F and an H) Depart US, give up status




I-94, Arrival/Departure RecordTwo ways to obtain:

Port of Entry – requires visa Change or Extension of status

Governs Status Denotes classification (F, J, H, O) Denotes period of stay Surrendered upon departure, given up with status




Passport Must have unexpired passport, even if no plans to travel

Travel – valid for at least 6 months from date of return




Must have unexpired I-94 & passport Must be complying with terms of status

F-1 – attend class H-1B – work only for petitioning employer

Must update USCIS of current address File AR-11:

https://egov.uscis.gov/crisgwi/go?action=coa.Terms



Status Violations &Unlawful Presence

Status Violations May be able to correct, usually by departing the U.S.

and re-entering F-1 – may require re-instatement into SEVIS May be ineligible for change or extension of status

Unlawful Presence Overstaying date certain on I-94 Immigration official finds violation of F/J status



Non-Immigrant Options

Generally… Employer & position specific For a specific duration (and often a limited

duration) Self-employment not an option



Non-Immigrant Options: H-1B

H-1B: ‘specialty occupation’ Position that normally requires at least a bachelors

degree in a related field Employer must agree to pay ‘prevailing wage’ Maximum in H status 6 years total CAP on number of H-1Bs issued each year



Non-Immigrant Options: H-1B Cap

What is it and what does it mean?20,000 for US awarded advanced degrees

FY 2012 gone by October 19. 2011 FY 2011 gone by December 22, 2010 FY 2010 gone by April 2009 FY 2009 gone by April 2008 FY 2008 gone by April 2007



H-1B Quota

65,000 H-1BsFY 2012 gone by November 22, 2011FY 2011 gone by January 26, 2011FY 2010 gone by December 2009FY 2009 gone by April 2008FY 2008 gone by April 2007FY 2007 gone by May 2006



Avoiding H-1B Quota

Exemption based on employerUniversitiesNon-profits affiliated with universitiesNon-profit research organizationsGovernment research organizations



Avoiding H-1B Quota

Exemption based on employeePreviously counted Singapore/ChileConcurrent employment



Can’t avoid the quota, planning strategies?

Filing April 1 for Oct 1 start date CAP GAP Relief

Must file before OPT expires

Other Non-Immigrant Options



Non-Immigrant Options: Ls

L-1: ‘intracompany transfer’ Must have worked for petitioning company overseas

for at least one year in the last three years For execs, managers, or special knowledge Spouse eligible for employment authorization Maximum 7 years in L status

NOTE: H & L combined – max 7 years



Non-Immigrant Options: Es

■ Must be national of treaty country http://www.travel.state.gov./visa

■ Employing company must be owned at least 50% by treaty country nationals

■ No quota and can be extended indefinitely

■ Spouse eligible for employment authorization



Non-Immigrant Options: TN

Citizens of Canada and Mexico Must have employer and job offer Profession must be on the NAFTA list Applicant must have qualifications as indicated

on NAFTA list Must evidence non-immigrant intent



Non-Immigrant Options: other?

I visa – journalists O visa

Artists with distinction in field; or Scientists with extraordinary ability

E-3 – Australians only, similar to H-1B Dependent on spouse visa



Going from Nonimmigrant to Immigrant

F-1 – attend school

F-1 OPT – start work

H-1B/L-1 – continue working; max 6 years total in H, 7 in L

H-1B – change employer, continues to count

against 6 years maximum (L trickier to change)For more information, visit www.eb1immigration.com


Nonimmigrant to Immigrant

H-1B – change employer, requires new petitionmay 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



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) National Interest Waivers, Advanced Degreed Professionals,

Bachelors plus 5 years experience

Third Preference (EB-3) Skilled Worker (2+ years experience), Bachelor’s Degree



Permanent Residency Quotas, Where Are We Now: DEC 2011

EmploymentBased

All Charge-ability Areas Except Those

Listed

CHINA- mainland

bornINDIA MEXICO PHILIPPINES

1st C C C C C

2nd C 15MAR08 15MAR08 C C

3rd 15JAN06 08SEP04 01AUG02 15JAN06 15JAN06

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



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

Travel Issues



Materials

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



For Further Information

Suzanne B. Seltzer, Esq.Klasko, Rulon, Stock & Seltzer, LLP

E-mail: [email protected]

Telephone: 212-796-8840 (New York)

215-825-8600 (Philadelphia)

Websites: www.klaskolaw.comwww.eb1immigration.com

Blog: http://blog.klaskolaw.com

suzanne b. seltzer, esq. klasko, rulon, stock & seltzer, llp new york philadelphia 317 madison...

Documents

stock seltzer llp

extension of status

lawful status passport

llp agenda lawful status

terms of status f

llp suzanne

partner of klasko

llp new york philadelphia