Klasko Immigration Law Partners, LLP H-1B: A Brief Introduction Tuesday, November 1, 2016 Lisa T. Felix, Esq. (Attorney) William C. Trevethick (Account Manager) Klasko Immigration Law Partners, LLP Philadelphia  New York www.klaskolaw.com

Lisa T. Felix, Esq. 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. Lisa is a 2005 graduate of Temple University’s Beasley School of Law.

William Trevethick William Trevethick is an immigration professional and has been providing immigration assistance and solutions to multinational corporations, leading universities, research institutions, hospitals, and individuals for more than 8 years. William is an Account Manager at Klasko Immigration Law Partners, with offices in Philadelphia and New York. William manages and oversees the preparation and filing of nonimmigrant and immigrant cases and assists U.S. and international clients hire and transfer foreign employees as well as foreign individuals seeking employment in the United States. William received his undergraduate degree from Muhlenberg College in 2007.

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 2016 gone on April 1-5 (Lottery) FY 2015 gone on April 1-5 (Lottery) 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 For more information, visit www.klaskolaw.com

H-1B Quota 65,000 H-1Bs FY 2016 gone on April 1-5 (Lottery) (cont’d) 65,000 H-1Bs FY 2016 gone on April 1-5 (Lottery) FY 2015 gone on April 1-5 (Lottery) 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 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 Employed at vs. employed by 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

Travel and Status Issues for H-1B Approvals 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) Cap-gap petitions must be filed as change of status For more information, visit www.klaskolaw.com

When the Cap Cannot Be Avoided When to Start an H-1B Cap Case Will vary be employer Notify your employer at the start of employment that you require H-1B and be your own advocate in following-up Follow-up discussion with employer in November Start petition preparation by mid-February at the latest For more information, visit www.klaskolaw.com

When the Cap Cannot Be Avoided Timeline Gathering of information from employee Education documents Status documents Other documents Gathering of information from employer Employer details Job description/requirements Wage Work location(s) (cont’d) For more information, visit www.klaskolaw.com

When the Cap Cannot Be Avoided (cont’d) Timeline Preparation of Case Prevailing wage analysis Filing of LCA (should be done by mid-February) Drafting of forms and supporting documentation Finalization QC Filing For more information, visit www.klaskolaw.com

Adjudication by USCIS What Does USCIS Check? Bona Fide Employer Does beneficiary meet education requirement? Is the position a “specialty” occupation (i.e., requires a Bachelor’s degree Current status (if applying for change of status) Accrual of unemployment on OPT Employer-Employee relationship For more information, visit www.klaskolaw.com

Travel and Status Issues (cont’d) Travel after April 1 Last action rule Depart U.S., relinquish I-94 F visa to come back to use OPT? What about H? What happens to petition? For more information, visit www.klaskolaw.com

Travel and Status Issues (cont’d) Maintaining status until October 1 “Cap gap” relief OPT must be valid at time H-1B petition is filed to ensure continued work authorization If in grace period, not work authorized but can remain in U.S. Extends only until September 30 For more information, visit www.klaskolaw.com

When Would Someone Need to Leave the U.S. to Obtain H-1B Status OPT grace period does not extend to at least April 1 International travel plans between April 1 and October 1 If the petition is filed and/or approved via Consular Notification If there is some other type of immigration issue For more information, visit www.klaskolaw.com

Cap Gap Eligibility for Extension of F-1 OPT Those Not Qualified for an extension of F-1 OPT Proof of Continuing Status (Receipt and endorsed I-20) Denied H-1B Petitions (60 day grace period) Travel During Cap-Gap Extension STEM OPT Extensions (Simultaneous is OK) 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 (cont’d) 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

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 Lisa T. Felix, Esq. 215.825.8612 lfelix@klaskolaw.com William C. Trevethick 215.825.8665 wtrevethick@klaskolaw.com

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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 © 2016 Klasko Immigration Law Partners, LLP. All rights reserved. Copyright © 2016. All rights reserved.