H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 John F. Kennedy Blvd., Floor Madison Avenue, Suite 1518 Philadelphia, PA New York, NY Immigration Options Post Student Years: Immigration Options November 11, 2013

Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to universities for over 30 years. Ron is a past National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. His firm is the first immigration law firm global partner of NAFSA: Association of International Educators. Mr. Klasko has been invited by more than 30 universities and hospitals to address students and scholars. Ron has been selected as one of six top tier immigration lawyers in the US by Chambers Global. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers Corporate Immigration Law edition selected Ron as one of the three “most highly regarded” immigration lawyers in the world from 2007 to He is a frequent author and lecturer on university-related immigration law topics and is a former Adjunct Professor of Immigration Law at Villanova University Law School. Ron is a graduate of the University of Pennsylvania School of Law. He has helped thousands of students navigate the complicated process of obtaining working visas and green cards.

Klasko, Rulon, Stock & Seltzer, LLP Agenda Issues with Prospective Employers H-1B Visas H-1B Quota Strategies to Enhance Chances of Getting H-1B OPT vs. H-1B Travel and Status Issues H-1B Alternatives: Js, Ls, Es, Os For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Agenda Permanent Residence: Family, Investment Asylum, Lottery Permanent Resident Status: Employment Permanent Resident Quotas Q&As For more information, visit (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Issues with Prospective Employers Policies regarding H-1B  Employer required to pay fees, post notice and maintain documentation  Job market affects employer willingness to sponsor Policies regarding green card sponsorship  Short term vs. Long term employment  Employers consider long term even for H-1B sponsorship For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas Part-time or full-time Length of approval Extensions CAP on number of H-1Bs issued each year For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas H-1B portability  Present or prior H-1B  Commence employment upon new employer filing petition Spouses  H-4 cannot work (limited proposal to change) Travel  Dual intent (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas Procedure and processing time  File Labor Condition Application with DOL  File H-1B petition with CIS  Change of status or consular visa issuance  Processing time 3 to 6 months 15 days or less with premium processing (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas Length of approval and extensions  3 year initial approval and 3 year extension  6 year maximum – any combination of employers  Extensions beyond 6 years Recapture time out of U.S. 1 year extension if file labor certification application or immigrant petition one year before expiration 3 year extension if immigrant petition approved and quota backlog (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota What is it, and what does it mean?  65,000 visas base, plus 20,000 additional for US advanced degree holders Timing  April 1 filing date  October 1 start date Who is not subject to the quota?  Universities & their nonprofit affiliates  Employed “at” university  Nonprofit or government research organization  Concurrent employment  Previous H-1B For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota For more information, visit What is it and what does it mean?  20,000 for US awarded advanced degrees 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 FY 2010 gone on April 1-5 (Lottery) FY 2009 gone on April 1-5 (Lottery)

Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota (cont’d) For more information, visit 65,000 H-1Bs  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  FY 2009 gone by April 2008  FY 2008 gone by April 2007

Klasko, Rulon, Stock & Seltzer, LLP Strategies to Enhance Chances of Getting H-1B Obtaining masters degree Filing multiple years Filing first day Using previously-obtained degree Combination of education and experience Start your own business?  Apply as H-1B employee? For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP OPT vs. H-1B Maximize use of OPT time Tax benefit to OPT Advantage to getting H-1B quota number How to get best of both For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Travel and Status Issues 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 September 30 (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP H-1B Alternatives: Other Visa Options F-1  Going back to school Separate options for Canada, Mexico, Australia, Chile and Singapore  TN-1, E-3, H-1B1 Working overseas for U.S. employer Look at spouse’s status  Spouse of J, E and L can work For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP J-1 Visas  Trainee, researcher, scholar  Who is subject to 2-year return?  What does it mean to be subject?  Options if subject: Return home  Where is home?  Aggregating trips?  O-1  Waiver H-1B Alternatives: Js (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Alternatives: Es Must be national of treaty country  Can be investor or employee Employing company must be owned at least 50% by treaty country nationals Investment must be “substantial” Employee must be executing supervisory or essential skill No quota and can be extended indefinitely Spouse eligible for employment authorization For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP O-1 Visas  Employer sponsored  Standards National or international reputation  Documentation  Reference letters  Length of approval 3 years Unlimited one year extensions  Spouses O-3 cannot be employed H-1B Alternatives: Os (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant to Immigrant H-1B – change employer, requires new petition may start working under ‘H-1B portability’ 4 th 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

Klasko, Rulon, Stock & Seltzer, LLP How Do I Apply? Family Investment Asylum Employment DV Lottery For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Quotas For more information, visit ■Annual Limit on Permanent Residency ■Per Country Limit – 7% ■Allocated by:  Priority Date – place in line  Preference Category

Klasko, Rulon, Stock & Seltzer, LLP Spouse of U.S. citizen  No quota wait  EAD and AP within 3 months All other relationships  Long quota wait  No interim benefits Family For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Investment $500,000 or $1,000,000 Individual investment or regional center For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Lottery Only specified countries One year window Apply in October For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Quotas ■Employment Based Preference Categories:  First Preference (EB-1) ■Extraordinary Ability ■Outstanding Researcher ■Multinational Manager  Second Preference (EB-2) ■Advanced Degreed Professionals ■Equivalent  Bachelors plus 5 years experience  Exceptional Ability ■Labor certification or national interest waiver For more information, visit (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP ■Third Preference (EB-3)  Skilled Worker (2+ years experience)  Bachelor’s Degree  Labor Certification Permanent Residence Quotas For more information, visit (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment  Labor Certification Application (PERM) EB-2 or EB-3 Employer must:  Pay attorney fees and advertising costs  Define “minimum requirements”  Engage in required recruitment (approximately 4-5 months)  Interview U.S. worker applicants  Prove unavailability of qualified, interested, and available U.S. worker  Pay prevailing wage (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Timing  Mandatory Recruitment Steps ( days)  Filing and Initial Review (4-5 months)  Audit Review, if Audited (5+ months additional)  First of three steps: Quotas determine overall time (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for November 2013 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C08OCT0815JUN08CC 3 rd 01OCT10 22SEP0301OCT1015DEC06 Other Workers* 01OCT10 22SEP0301OCT1015DEC06 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment I-485 (Application for Adjustment of Status to Permanent Resident)  Cannot file until quota is current  Importance of filing Do not need to maintain visa status Can file for spouse and child Can get Employment Authorization Document (EAD) (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Can get advance parole travel document  Eliminate need to obtain visas  Can still maintain and extend H-1B status Can leave employer if  I-140 approved  I-485 pending 180 days  Similar occupation Permanent resident upon approval Timing and delay issues (cont’d) For more information, visit

Klasko, Rulon, Stock & Seltzer, LLP Materials Please visit to download this PowerPoint presentation and relevant articles. For more information, visit

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Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Offices: PhiladelphiaNew York 1800 John F. Kennedy Boulevard317 Madison Avenue Floor 17 Suite 1518 Philadelphia, PA New York, NY 10017

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Klasko, Rulon, Stock & Seltzer, LLP 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 © 2013 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © All rights reserved.