William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia New York 1800 John F. Kennedy Blvd., Floor 17 317
Madison Avenue, Suite 1518 Philadelphia, PA 19103 New York, NY
10017 215.825.8600 212.796.8840 [email protected]
www.klaskolaw.com Immigration Options Post Student Years:
Immigration Options Monday, March 31, 2014 Slide 2 Klasko, Rulon,
Stock & Seltzer, LLP William A. Stock, Esq. Bill Stock is a
founding partner of Klasko, Rulon, Stock & Seltzer, LLP and has
been providing immigration assistance and solutions to leading
universities, research institutions, hospitals, multinational
corporations, and individuals for nearly 20 years. Bill is featured
in Chambers Global, Best Lawyers in America, Pennsylvania Super
Lawyers, Whos Who of Business Lawyers and other guides to prominent
attorneys. He is active in the American Immigration Lawyers
Association on a national level, currently serving as second vice
president on the Associations national Executive Committee, and has
been Business Committee chair and Distance Learning Committee
chair. He is also active in NAFSAs Region VIII and has been a
Regulatory Ombudsman for the region on scholar and faculty issues.
Bill is a graduate of the University of Minnesota Law School and is
a frequent author and lecturer on business-related immigration
topics and has served as an Adjunct Faculty Member at Villanova
University School of Law. Slide 3 Klasko, Rulon, Stock &
Seltzer, LLP Agenda Non-Immigrant Status H-1B Requirements H-1B
Alternatives Introduction to Permanent Residency Q&As For more
information, visit www.klaskolaw.com Slide 4 Klasko, Rulon, Stock
& Seltzer, LLP Non-Immigrant Visas Non-Immigrant Status (NIV)
H, F, J, O, etc. Limited duration Specific to employer /
institution Specific to purpose (work/study/tourism) May require a
showing of non-immigrant intent For more information, visit
www.klaskolaw.com Slide 5 Klasko, Rulon, Stock & Seltzer, LLP
Maintaining Lawful Status 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) For more information, visit
www.klaskolaw.com Slide 6 Klasko, Rulon, Stock & Seltzer, LLP
Maintaining Lawful Status I-94, Arrival / Departure Record Two 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 For
more information, visit www.klaskolaw.com (contd) Slide 7 Klasko,
Rulon, Stock & Seltzer, LLP Post F/J NIV Options H-1B Visas
H-1B: specialty occupation Employer petition on your behalf
Legal/filing fees to be paid by employer Position that normally
requires at least a bachelors degree in a related field Employer
must agree to pay prevailing wage For more information, visit
www.klaskolaw.com Slide 8 Klasko, Rulon, Stock & Seltzer, LLP
H-1B Visas Part-time or full-time Length of approval Extensions
Portability Maximum in H status 6 years total CAP on number of
H-1Bs issued each year For more information, visit
www.klaskolaw.com Slide 9 Klasko, Rulon, Stock & Seltzer, LLP
H-1B Issues for Start-Ups For more information, visit
www.klaskolaw.com Must have employer tax I.D. number Company owned
by H-1B employee? Must be W-2 employee Separate entity from
owner/employee Company right of control over employee Is there a
Board of Directors? Who has ability to hire/fire Slide 10 Klasko,
Rulon, Stock & Seltzer, LLP H-1B Issues for Start-Ups For more
information, visit www.klaskolaw.com Company must prove Financial
ability to pay salary Real job to be done by H-1B Place of business
Business plan/financial projections Prevailing Wage CEO vs.
function-descriptive position (contd) Slide 11 Klasko, Rulon, Stock
& Seltzer, LLP H-1B Quota For more information, visit
www.klaskolaw.com What is it and what does it mean? 20,000 for US
awarded advanced degrees FY 2014 gone on April 1-5 (Lottery) FY
2013 gone by June 7, 2012 FY 2012 gone by October 19, 2011 FY 2011
gone by December 22, 2010 FY 2010 gone on April 1-5 (Lottery) FY
2009 gone on April 1-5 (Lottery) Slide 12 Klasko, Rulon, Stock
& Seltzer, LLP H-1B Quota (contd) For more information, visit
www.klaskolaw.com 65,000 H-1Bs FY 2014 gone on April 1-5 (Lottery)
FY 2013 gone by June 11, 2012 FY 2012 gone by November 22, 2011 FY
2011 gone by January 26, 2011 FY 2010 gone by December 2009 FY 2009
gone by April 2008 FY 2008 gone by April 2007 Slide 13 Klasko,
Rulon, Stock & Seltzer, LLP Avoiding H-1B Quota Exemption based
on employer Universities Non-profits affiliated with universities
Increased scrutiny of affiliations Non-profit research
organizations Government research organizations For more
information, visit www.klaskolaw.com Slide 14 Klasko, Rulon, Stock
& Seltzer, LLP Avoiding H-1B Quota Exemption based on employee
Previously counted (in last 6 years) Singapore/Chile Concurrent
employment (contd) For more information, visit www.klaskolaw.com
Slide 15 Klasko, Rulon, Stock & Seltzer, LLP Change of status
vs. consular visa issuance Visa Permission to re-enter the U.S.
after a trip abroad (stamp in passport) Need visa in specific
classification to re-enter in that status Status Permission to
remain in the U.S. for a fixed period (denoted by I-94 card and
I-20 or DS-2019) Only hold status in one classification at a time
(i.e. cannot have an F and an H) For more information, visit
www.klaskolaw.com Travel and Status Issues for H-1B Approvals Slide
16 Klasko, Rulon, Stock & Seltzer, LLP Travel and Status Issues
Travel after April 1 Depart US, relinquish I-94 F visa to come back
to use OPT? What about H? What happens to petition? Maintaining
status until October 1 Cap gap relief OPT must be valid at time
H-1B petition is filed Extends only until September 30 (contd) For
more information, visit www.klaskolaw.com Slide 17 Klasko, Rulon,
Stock & Seltzer, LLP H-1B Alternatives: 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
For more information, visit www.klaskolaw.com Slide 18 Klasko,
Rulon, Stock & Seltzer, LLP Alternatives: 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 For more information, visit
www.klaskolaw.com Slide 19 Klasko, Rulon, Stock & Seltzer, LLP
Alternatives: 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 For more information, visit www.klaskolaw.com
Slide 20 Klasko, Rulon, Stock & Seltzer, LLP Alternatives I
visa journalists for media outside US O visa Artists with
distinction in field; or Scientists with extraordinary ability E-3
Australians only, similar to H-1B Dependent on spouse visa For more
information, visit www.klaskolaw.com Slide 21 Klasko, Rulon, Stock
& Seltzer, LLP Permanent Residence 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 For more information, visit www.klaskolaw.com Slide 22 Klasko,
Rulon, Stock & Seltzer, LLP Immigrant vs. Non-Immigrant
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) For
more information, visit www.klaskolaw.com Slide 23 Klasko, Rulon,
Stock & Seltzer, LLP 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.klaskolaw.com Slide 24 Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant to Immigrant H-1B change employer, requires new
petition may start working under H-1B portability 4 th 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? For more information, visit www.klaskolaw.com Slide 25
Klasko, Rulon, Stock & Seltzer, LLP How Do I Apply? Family
Investment Asylum Employment DV Lottery For more information, visit
www.klaskolaw.com Slide 26 Klasko, Rulon, Stock & Seltzer, LLP
Permanent Residence Quotas For more information, visit
www.klaskolaw.com Annual Limit on Permanent Residency Per Country
Limit 7% Allocated by: Priority Date place in line Preference
Category Slide 27 Klasko, Rulon, Stock & Seltzer, LLP Permanent
Residence Quotas Employment Based Preference Categories: First
Preference (EB-1) Extraordinary Ability Outstanding Researcher
Multinational Executive Second Preference (EB-2) Advanced Degreed
Professionals Equivalent Bachelors plus 5 years experience
Exceptional Ability For more information, visit www.klaskolaw.com
(contd) Slide 28 Klasko, Rulon, Stock & Seltzer, LLP Third
Preference (EB-3) Skilled Worker (2+ years experience) Bachelors
Degree Fifth Preference (EB-5) $1 Million Investment in the U.S.
that creates at least 10 U.S. jobs Permanent Residence Quotas For
more information, visit www.klaskolaw.com (contd) Slide 29 Klasko,
Rulon, Stock & Seltzer, LLP Visa Bulletin for April 2014
Employment Based All Charge- ability Areas Except Those Listed
CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd
C08MAR0915NOV04CC 3 rd 01OCT12 15SEP0301OCT1215JUN07 Other Workers*
01OCT12 15SEP0301OCT1215JUN07 4 th CCCCC Certain Religious Workers
CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot
Programs CCCCC Permanent Residency Quotas, Where Are We Now? Slide
30 Klasko, Rulon, Stock & Seltzer, LLP Considerations in
Employment Based Applications Employer-sponsored or self-sponsored
Labor certification or extraordinary/NIW Filing multiple under
different categories? Multi-Step Process Department of Labor?
USCIS: I-140 USCIS: I-485 Non-Immigrant Status? For more
information, visit www.klaskolaw.com Slide 31 Klasko, Rulon, Stock
& Seltzer, LLP Materials Please visit www.klaskolaw.com to
download this PowerPoint presentation and relevant articles. For
more information, visit www.klaskolaw.com Slide 32 Klasko, Rulon,
Stock & Seltzer, LLP For more information, visit
www.klaskolaw.com Slide 33 Klasko, Rulon, Stock & Seltzer, LLP
For Further Information William A. Stock, Esq. Klasko, Rulon, Stock
& Seltzer, LLP E-mail: [email protected] Telephone:
215-825-8600 (Philadelphia) 212-796-8840 (New York) Offices:
PhiladelphiaNew York 1800 John F. Kennedy Boulevard317 Madison
Avenue Floor 17 Suite 1518 Philadelphia, PA 19103 New York, NY
10017 Slide 34 Klasko, Rulon, Stock & Seltzer, LLP
www.klaskolaw.com www.eb1immigration.com
www.worksite-compliance.com www.eb5immigration.com
http://blog.klaskolaw.com online Slide 35 Klasko, Rulon, Stock
& Seltzer, LLP 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 2014 Klasko, Rulon, Stock & Seltzer, LLP. All
rights reserved. Copyright 2014. All rights reserved.
