Post Student Years: Immigration Options William A. Stock, Esq. Klasko Immigration Law Partners, LLP Philadelphia  New York www.klaskolaw.com April 10, 2018

William A. Stock Partner Bill Stock is a founding partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading multinational corporations, universities, research institutions, hospitals, and individuals for nearly 20 years. In 2017, Bill completed his term 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. In 2000, he received the Association’s Joseph Minsky Award for outstanding accomplishments in immigration law. 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. A graduate of the University of Minnesota Law School, Bill 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. William A. Stock Partner William A. Stock Partner

2018 Issues Unprecedented restrictive immigration policies More Job Offers H-1B Quota Issues Obama Support for Entrepreneurs Withdrawn Legislative Inaction

Maintaining Lawful Status I-94, Arrival / Departure Record Two ways to obtain: Port of Entry – requires visa (www.cbp.gov/i94) Change or Extension of status Governs Status Denotes classification (F, J, H, O) Denotes period of stay Surrendered upon departure, given up with status

Maintaining Lawful Status (cont’d) Crimes and visa cancellations Can I work / invest / start a company? Transition times / change of status

Executive Order – Travel Ban Severely Limits Visa Issuance For Citizens Of: Libya, Chad, Yemen (Immigrants and Tourists) Iran (All Except F, M, J) Somalia (Immigrants; Extra Scrutiny for Nonimmigrants) North Korea and Syria (All) Venezuela (Certain Government Officials Only)

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

Other Possible Changes End to DACA and TPS Revise practical training program for foreign students Public benefits H-4 employment authorization

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’

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

H-1B Quota What is it and what does it mean? 20,000 for US awarded advanced degrees FY 2014–19 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

H-1B Quota 65,000 H-1Bs FY 2014–19 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

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

Avoiding H-1B Quota Exemption based on employee (cont’d) Exemption based on employee Previously counted (in last 6 years) Singapore/Chile Concurrent employment

Future of H-1B Adjudications difficulties Site visits Employers less willing to sponsor

Future of H-1B (statutory) Greatly increased minimum wages No lottery; preference by salary / education Labor market tests Very difficult to make these changes

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

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

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

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

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

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)

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?

How Do I Apply? Family Investment Asylum Employment DV Lottery

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

Permanent Residence Quotas 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

Permanent Residence Quotas 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

Permanent Residency Quotas Where Are We Now? Visa Bulletin for April 2018

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?

William A. Stock, Esq. wstock@klaskolaw.com 215.825.8600