William A. Stock, Esq.Lisa T. Felix, Esq. Philadelphia New York 1601 Market Street, Suite West 34 th Street, 8 th Floor Philadelphia, PA 19103New York, NY Tuesday, October 28, 2014 Immigration Options for Scholars and Researchers Biomedical Postdoctoral Programs

Klasko, Rulon, Stock & Seltzer, LLP 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, Who’s 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 Association’s national Executive Committee, and has been Business Committee chair and Distance Learning Committee chair. He is also active in NAFSA’s 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.

Klasko, Rulon, Stock & Seltzer, LLP 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.

Klasko, Rulon, Stock & Seltzer, LLP Intro to Permanent Residency Non-Immigrant Options, Immigrant Intent, and Timing Permanent Residency Quotas Employment Based Permanent Residency  Self Petitions  Employer Sponsored Adjustment of Status and Maintenance of Status For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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 For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Immigrant vs. Nonimmigrant Visas Immigrant Visa  Green Card/Permanent Residency Nonimmigrant Visa (NIV)  H, F, J, O, etc.  Limited duration  Specific to employer/institution  Specific to purpose (work/study/tourism)  May need to establish “non-immigrant” intent For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant to Immigrant 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 For more information, visit

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

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Option: H-1B and the Quota What is it and what does it mean? Who is not subject to the quota?  Universities  Nonprofit institutions affiliated with universities  Nonprofit or government research organization  Previous H-1B under cap  Concurrent employment Cap Exempt to Cap Subject For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Option J-1 Visa Non-Immigrant Intent Subject to 2-year rule?  What does it mean to be subject?  Options if subject: Return home Apply for a Waiver Obtain an O-1 Visa For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Nonimmigrant to LPR J-1 two year home requirement waiverfulfill two years H-1B and/or Apply for LPR For more information, visit O-1

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Option: O-1 Visa Extraordinary Ability Factors Considered in Initial Evaluation  1 st authored articles / presentations  Citations  Book chapters / review articles  Peer reviewer / manuscript reviewer For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP O-1 Option: Alien of Extraordinary Ability Document Intensive Petition Important option if:  Cap Subject H-1B  6 Years in H-1B  J Subject to 2 years For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Moving from Non-Immigrant to Permanent Resident Non-immigrant status does not convert to green card Important to maintain non-immigrant status throughout green card application process May be impediments to travel during this process For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Application Pathways for Permanent Residency Family Investment Asylum Employment DV Lottery For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas Annual Limit on Immigrant Visas (Permanent Residency) Per Country Limit – 7% Allocated by:  Priority Date – place in line  Preference Category For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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 For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for November 2014 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C08DEC0915FEB05CC 3 rd 01JUN1201JAN1022NOV0301JUN12 Other Workers* 01JUN1222JUL0522NOV0301JUN12 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC

Klasko, Rulon, Stock & Seltzer, LLP Employment Based (EB) Permanent Residency Employer-sponsored or self-sponsored Labor certification or outstanding researcher; extraordinary or national interest waiver Multiple petitions Multi-Step Process For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based (EB) Permanent Residency: EB-1 Extraordinary Ability/EB-1 (I-140, filing fee $580)  ‘Self-Petition’ – no need for employer sponsor  Factors Considered in Initial Evaluation 1 st authored articles/impact factors Citations to 1 st authored work Peer Review/Manuscript Review Work References from independent experts Documentation meeting regulatory Criteria  Preparation/Processing Times For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: EB-1 Outstanding Researcher/EB-1 (I-140, filing fee $580)  Similar to Extraordinary Ability  Employer sponsored petition  At least 3 Years experience  Permanent job offer  Qualified Employers: Academic Institutions Industry  At least 3 FT researchers  Recognition in field (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP EB-1 Two Part Analysis Introduced in December 2010  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?  USCIS provides no clear guidelines for applying final merits analysis For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: EB-2 National Interest Waiver/EB-2 (I-140, filing fee $580)  Self-Petition, no employer sponsor required  Three Prong Test Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Employment Based: Employer Sponsored Labor Certification Application (PERM)  Employer MUST Pay Costs  Recruitment Special Handling – involves teaching Professional – minimum requirements  Prevailing wage  First of 3 steps 2 nd Step – I rd Step – I-485 or IV Consular Process (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment 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) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) Adjustment portability H-1B Extensions  One year  Three years Spouses (cont’d) For more information, visit

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