Immigration Opportunities for Post Doctoral Researchers Klasko, Rulon, Stock & Seltzer, LLP Suzanne B. Seltzer Philadelphia - New York

Immigration Opportunities Agenda H-1B Quota J-1 Waivers The O-1 Visa Permanent Residence Status Q&As

H-1b Quota What is it and what does it mean? Who is not subject to the quota? Universities Nonprofit institutions affiliated with universities Employed “at” university Nonprofit or government research organization Previous H-1B under cap Concurrent employment Cap Exempt to Cap Subject

J-1 Visa Who is subject to 2-year return? Exchange Visitor Skills List Right Skill? Right List? Government Funding U.S. or Home Country Direct or Indirect Graduate Medical Training

What Does it Mean to be Subject Ineligible for Certain Visas H-1B L-1 K Ineligible to apply for final step of Green Card I-485 IV Consular Processing But may commence initial steps…

If Subject, Are there Options? Return home Where is home? Aggregating trips Apply for a Waiver Obtain an O-1 Visa Requires an employer willing to sponsor Must Demonstrate “Outstanding” in field

J-1 Waiver Options Waiver options Hardship Persecution No objection waiver Federal government agency waiver Health & Human Services National Science Foundation Department of Energy

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

O-1 (cont’d) What’s Included in the Petition Reference letters Independent referees Addressing O-1 criteria Corroborating Documentation Processing time/issues Length of approval Extensions

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

Immigrant vs Non-Immigrant Visas 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)

Permanent Residency Quotas Annual Limit on Permanent Residency Per Country Limit – 7% Allocated by: Priority Date – place in line Preference Category

How Do I Apply? Family Investment Asylum Employment DV Lottery

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

Permanent Residency Quotas, Where Are We Now? Visa Bulletin for January 2011   All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES Employment Based 1st C 2nd 22JUN06 08MAY06  3rd 22MAR05 15DEC03 01FEB02 15APR03

Employment Based (EB) Permanent Residency Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Multi-Step Process Non-Immigrant Status?

Employment Based (EB) Permanent Residency: Self-Petitions Extraordinary Ability/EB-1 (I-140, filing fee $580) “One of a Few at the Top” Factors Considered in Initial Evaluation 1st authored articles/impact factors Citations to 1st authored work Conference Presentations Peer Review/Manuscript Review Work References from independent Experts Documenting Regulatory Criteria Preparation/Processing Times

I-140 Self-Petitions (cont’d) National Interest Waiver/EB-2 (I-140, filing fee $580) Three Prong Test Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers Preparation/Processing Times

Employment Based: Employer Sponsored Outstanding Researcher/EB-1 (I-140, filing fee $580) Similar to Extraordinary Ability At least 3 Years experience Permanent job offer Qualified Employers: Academic Institutions Industry at least 3 FT researchers Recognition in field

Employment Based: Employer Sponsored (cont’d) Labor Certification Application (PERM) Employer MUST Pay Costs Recruitment Prevailing wage Timing First of 3 steps 2nd Step – I-140 3rd Step – I-485 or IV Consular Process No filing fee for this step

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)

Permanent Resident Status Adjustment of Status (I-485) (cont’d) Adjustment portability H-1B Extensions One Year Three years Spouses

Issues Relating to NIV Status During Permanent Residency Process Travel Extensions of Status Dependents Eligibility for OPT

Contact Information Suzanne B. Seltzer, Esq. Telephone: 212-796-8846 Fax: 212-297-1799 Email: sseltzer@klaskolaw.com Websites: www.klaskolaw.com www.eb1immigration.com www.eb5immigration.com

Questions Any Questions?