for Scholars and Researchers Klasko Immigration Law Partners, LLP Immigration Options for Scholars and Researchers May 8, 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.

Immigration Options for Scholars and Researchers Agenda Current Developments H-1B Visas and Quota J-1 Visas and Waivers O-1 Visas Permanent Residence Status Q&As For more information, visit www.eb1immigration.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

H-1B Visas Basic requirements Procedure and processing times Job Offer Prevailing Wage Bachelors or higher degree Specialty occupation Procedure and processing times Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Spouses Travel For more information, visit www.eb1immigration.com

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 Prospects for change Timing April 1 filing date October 1 start date For more information, visit www.eb1immigration.com

Quota-Exempt Employment Who is not subject to the quota? Universities Nonprofit institutions affiliated with universities Employed “at” university Nonprofit or government research organization Concurrent employment Previous H-1B For more information, visit www.eb1immigration.com

H-1B Extensions Beyond 6 Years Recapture time out of U.S. 1 year extension if file labor certification application or immigrant petition one year before expiration 3 year extension if immigrant petition approved and quota backlog For more information, visit www.eb1immigration.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

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 Waiver For more information, visit www.eb1immigration.com

J-1 Waiver Options No objection statement Exceptional hardship Persecution Interested government agency For more information, visit www.eb1immigration.com

O-1 Alien of Extraordinary Ability Factors Considered in Initial Evaluation 1st authored articles/impact factors Citations to 1st authored work Conference presentations Book chapters / review articles Peer reviewer / manuscript reviewer For more information, visit www.eb1immigration.com

O-1 (cont’d) What’s included in the petition Processing time/issues Reference letters Independent referees Addressing O-1 criteria Corroborating documentation Processing time/issues Length of approval Extensions Spouses For more information, visit www.eb1immigration.com

Permanent Resident Status Family Investment Asylum Lottery Employment For more information, visit www.eb1immigration.com

Family Spouse of U.S. citizen All other relationships No quota wait EAD and AP within 3 months Travel may result in loss of status unless H-1B All other relationships Long quota wait No interim benefits For more information, visit www.eb1immigration.com

Investment $500,000 or $1,000,000 Individual investment or regional center For more information, visit www.eb1immigration.com

Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit www.eb1immigration.com

Lottery Only specified countries One year window www.travel.state.gov Effect of application on future visa applications For more information, visit www.eb1immigration.com

Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions For more information, visit www.eb1immigration.com

Permanent Resident Status Employment (cont’d) Quotas Visa Bulletin (www.travel.state.gov) Per country of birth, per preference category, per fiscal year Filing date is “priority date” EB-1 (extraordinary ability, outstanding researcher) No quota wait For more information, visit www.eb1immigration.com

Permanent Resident Status Employment Quotas EB-2 National interest waiver Labor certification requiring Masters degree Bachelors degree plus 5 years progressive experience, or Exceptional ability No quota wait, except China and India EB-3 Labor certification requiring bachelors or 2 years experience Long quota wait for all countries (cont’d) For more information, visit www.eb1immigration.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

Permanent Residency Quotas, Where Are We Now? “Oversubscribed” versus “Available” Oversubscribed if: Cut-off date indicated in chart Priority date must be earlier than posted date Available if: Visa Bulletin indicates “C” = current For more information, visit www.eb1immigration.com

Permanent Residency Quotas Predictions from DOS for FY2013 EB-1 usage is extremely high, so numbers are not dropping down into EB-2 EB-2 India will remain in 2006 for some time EB-2 worldwide may ‘retrogress’ towards the end of FY2013 EB-3 will continue to move forward slowly For more information, visit www.eb1immigration.com

Permanent Resident Status Employment Self-Sponsored Extraordinary ability EB-1 Standard National or international reputation “One of few at the top of peers” Key is defining field of expertise specifically Extensive documentation required Reference letters critical (cont’d) For more information, visit www.eb1immigration.com

Permanent Resident Status Employment (cont’d) National Interest Waiver EB-2 Standard Exceptional ability or advanced degree National priority National impact Extensive documentation required Reference letters critical For more information, visit www.eb1immigration.com

Permanent Resident Status Employment (cont’d) Employer-Sponsored Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability For more information, visit www.eb1immigration.com

Permanent Resident Status Employment Evaluating Eligibility CV Evaluation 1st listed author publications In process; submitted; accepted; published; cited Impact factor? Citations Footnote Text Presentations 1st listed abstracts Oral vs. poster (cont’d) Book chapters Honors and awards Manuscript reviewer Media For more information, visit www.eb1immigration.com

Permanent Resident Status Employment (cont’d) Evaluating Eligibility Evaluation Outside of CV Importance/narrowness of field of expertise Ability to explain importance Significant contributions to field First, only, best, new discovery? Impact on field and other researchers New? Old? Sustained? Referees For more information, visit www.eb1immigration.com

Permanent Resident Status Employment (cont’d) Choosing Referees How many? Good C.V.’s Prestigious institutions Geographical diversity One per institution Impartiality For more information, visit www.eb1immigration.com

Permanent Resident Status Employment (cont’d) Other Factors Not a peer review process Importance of job title? Importance of employer sponsorship? File now, or wait? Choice of attorney For more information, visit www.eb1immigration.com

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.eb1immigration.com

Questions? For more information, visit www.eb1immigration.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.