Klasko Immigration Law Partners, LLP Post Student Years: Immigration Options April 12, 2017 William A. Stock, Esq. Klasko Immigration Law Partners, LLP Philadelphia  New York www.klaskolaw.com

William A. Stock, Esq. Bill Stock is a founding partner of Klasko Immigration Law Partners, 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. Bill serves as President of the American Immigration Lawyers Association (AILA), the 14,500 member national organization of immigration lawyers. He has long been active in the association on both a national and state level and has served several terms on the Association’s Board of Governors.  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.

Agenda Non-Immigrant Status H-1B Requirements H-1B Alternatives Introduction to Permanent Residency Q&As For more information, visit www.klaskolaw.com

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

Maintaining Lawful Status (cont’d) Crimes and visa cancellations Can I work / invest / start a company? Transition times / change of status For more information, visit www.klaskolaw.com

Executive Order – Travel Ban Suspends all refugee admission to the U.S. for 120 Days Bans visa issuance or admission to the U.S. on most visa categories for 90 days for citizens of the following countries: Iran Libya Somalia Sudan Syria Yemen For more information, visit www.klaskolaw.com

Executive Order – Travel Ban (cont’d) Permanent Residents excepted Dual citizens – can get visa and enter in passport of unbanned country No longer cancels existing visas Ends visa interview waiver program Case-by-case waivers available For more information, visit www.klaskolaw.com

Travel Ban – Temporary Restraining Order Temporary Restraining Order stops the ban from going into effect One court has blocked ban, one court refused to block Headed to Supreme Court For more information, visit www.klaskolaw.com

Other Possible Executive Orders Expansion of travel ban or “extreme vetting” End to DACA Site visits for all employment-based categories Revise practical training program for foreign students Public benefits H-4 employment authorization Other changes For more information, visit www.klaskolaw.com

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

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

H-1B Quota What is it and what does it mean? 20,000 for US awarded advanced degrees FY 2014–18 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 For more information, visit www.klaskolaw.com

H-1B Quota 65,000 H-1Bs FY 2014–18 gone on April 1-5 (Lottery) (cont’d) 65,000 H-1Bs FY 2014–18 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 For more information, visit www.klaskolaw.com

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

Avoiding H-1B Quota Exemption based on employee (cont’d) Exemption based on employee Previously counted (in last 6 years) Singapore/Chile Concurrent employment For more information, visit www.klaskolaw.com

Future of H-1B Adjudications difficulties Site visits Employers less willing to sponsor For more information, visit www.klaskolaw.com

Future of H-1B (statutory) Greatly increased minimum wages No lottery; preference by salary / education Labor market tests Very difficult to make these changes For more information, visit www.klaskolaw.com

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

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

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 Plans to renegotiate NAFTA For more information, visit www.klaskolaw.com

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

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

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

Nonimmigrant to Immigrant H-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? For more information, visit www.klaskolaw.com

How Do I Apply? Family Investment Asylum Employment DV Lottery For more information, visit www.klaskolaw.com

Permanent Residence Quotas Annual Limit on Permanent Residency Per Country Limit – 7% Allocated by: Priority Date – place in line Preference Category For more information, visit www.klaskolaw.com

Permanent Residence Quotas (cont’d) 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

Permanent Residence Quotas (cont’d) Third Preference (EB-3) Skilled Worker (2+ years experience) Bachelor’s Degree Fifth Preference (EB-5) $1 Million Investment in the U.S. that creates at least 10 U.S. jobs For more information, visit www.klaskolaw.com

Permanent Residency Quotas, Where Are We Now? Employment Based All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES 1st C 2nd 01MAR13 22APR09  3rd 01MAY14 01JUL05 01SEP13 Other Workers* 01AUG09 4th Certain Religious Workers 5th     Targeted Employment Areas/Regional Centers and Pilot Programs 15JUN14 Visa Bulletin for April 2017

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

Materials Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles. For more information, visit www.klaskolaw.com

For more information, visit www.klaskolaw.com

For Further Information William A. Stock, Esq. wstock@klaskolaw.com 215.825.8600 Klasko Immigration Law Partners, LLP Philadelphia  New York

online www.klaskolaw.com www.eb1immigration.com www.worksite-compliance.com www.eb5immigration.com http://blog.klaskolaw.com

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 © 2017 Klasko Immigration Law Partners, LLP. All rights reserved. Copyright © 2017. All rights reserved.