Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia - New York Navigating Immigration and Visa Issues: and Visa Issues: A Primer for Postdocs and Young Scientists

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

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 1 st authored articles/impact factors Citations to 1 st 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  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)

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 March 2010 All Chargeability Areas Except Those Listed CHINA- mainland born INDIAMEXICO PHILIPP- INES Employment Based 1stCCCCC 2ndC08JUL0501FEB05 CC 3rd15DEC02 01JUL0101JUL0215DEC02 5thCCCCC

Permanent Residency Quotas, Where are We Now?  “Oversubscribed” versus “Available” Available if:  Visa Bulletin indicates “C” = current  Priority date earlier than posted date Best Case Scenario for FY2010  EB-2  China – October 2005  India – February/March 2005  EB-1 – expected to remain current

Employment Based (EB) Permanent Residency  Employer-sponsored or self-sponsored  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 $475) “One of a Few at the Top” Factors Considered in Initial Evaluation  1 st authored articles/impact factors  Citations to 1 st 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 $475) 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 $475) 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

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 $1010, includes: Employment authorization (I-765) Advance parole (I-131)

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

Contact Information Suzanne B. Seltzer, Esq. Telephone: Fax:  Websites:    

Questions Any Questions?