Klasko, Rulon, Stock & Seltzer, LLP Post Student Years: Immigration Options November 30, 2012 Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP New York Philadelphia 317 Madison Avenue, Suite 1518 1800 John F. Kennedy Blvd., Floor 17 New York, NY 10017 Philadelphia, PA 19103 212.796.8840 215.825.8600 sseltzer@klaskolaw.com www.klaskolaw.com

Suzanne B. Seltzer, Esq. Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP.  Ms. Seltzer is the Chair of the American Immigration Lawyer's Association (AILA) Service Center Operations Committee, having recently completed her tenure as the USCIS Benefits & Policy Liaison.  Ms. Seltzer speaks and writes extensively on visa options for scientists and researchers.  She is listed in Best Lawyers in America, Chambers USA, New York SuperLawyers, and the International Who's Who of Corporate Immigration Lawyers.  A magna cum laude graduate of the University of Pennsylvania, Ms. Seltzer received her law degree from Georgetown University’s Law Center (cum laude).

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

H-1B Visas Employer Petition on Your Behalf Basic requirements Job Offer Prevailing Wage Specialty occupation Legal/Filing fees Maximum of 6 years Procedure and processing times For more information, visit www.klaskolaw.com

H-1B Visas Part-time or full-time Length of approval Extensions (cont’d) Part-time or full-time Length of approval Extensions Portability Spouses and Employment Authorization Travel For more information, visit www.klaskolaw.com

H-1B Issues for Start-Ups Must have employer tax I.D. number Company owned by H-1B employee? Must be W-2 employee Separate entity from owner/employee Company right of control over employee Is there a Board of Directors? Who has ability to hire/fire For more information, visit www.klaskolaw.com

H-1B Issues for Start-Ups (cont’d) Company must prove Financial ability to pay salary Real job to be done by H-1B Place of business Business plan/financial projections Prevailing Wage CEO vs. function-descriptive position 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 2013 gone by June 7, 2012 FY 2012 gone by October 19. 2011 FY 2011 gone by December 22, 2010 FY 2010 gone by April 2009 FY 2009 gone by April 2008 For more information, visit www.klaskolaw.com

H-1B Quota 65,000 H-1Bs FY 2013 gone by June 11, 2012 (cont’d) 65,000 H-1Bs 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 FY 2009 gone by April 2008 FY 2008 gone by April 2007 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

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) For more information, visit www.klaskolaw.com

Travel and Status Issues (cont’d) Travel after April 1 Depart US, relinquish I-94 F visa to come back to use OPT? What about H? What happens to petition? Maintaining status until October 1 “Cap gap” relief OPT must be valid at time H-1B petition is filed Extends only until Sept 30 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 For more information, visit www.klaskolaw.com

Alternatives I visa – journalists 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

Immigrant vs. Non-Immigrant Immigrant Visa 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) 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 22OCT07 01SEP04 3rd 22DEC06 01JUL06 01NOV02 15AUG06 Other Workers* 01JUL03 4th Certain Religious Workers 5th     Targeted Employment Areas/Regional Centers and Pilot Programs Visa Bulletin for December 2012

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 Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP E-mail: sseltzer@klaskolaw.com Telephone: 212-796-8840 (New York) 215-825-8600 (Philadelphia) Offices: New York Philadelphia 317 Madison Avenue 1800 John F. Kennedy Boulevard Suite 1518 Floor 17 New York, NY 10017 Philadelphia, PA 19103

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 © 2012 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © 2012. All rights reserved.