U.S. Immigration Options for the Canadian MBA Options for Employment Thursday, February 12, 2015 H. Ronald Klasko, Esq. Klasko Immigration Law Partners, LLP Philadelphia New York Chicago

Klasko Immigration Law Partners, LLP H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of Klasko Immigration Law Partners, 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 and the firm has been selected as a top tier immigration law firm by U.S. News and World Report. 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 Immigration Law Partners, LLP OPT 12 months Usually best to use it For more information, visit

Klasko Immigration Law Partners, LLP TN-1 NAFTA list of occupations Occupations related to MBA Special category: management consultant Advantages of TN-1  Speed of processing  No quota  No limit For more information, visit

Klasko Immigration Law Partners, LLP TN-1 Disadvantage of TN-1  No dual intent Procedure:  At point of entry  At USCIS Choosing venue Length of approval and extensions Spouses For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP H-1B Basic requirements Procedure and processing time Length of approval and extensions Quota and exemptions Advantages of H-1B  Portability  Dual intent For more information, visit

Klasko Immigration Law Partners, LLP H-1B Disadvantages of H-1B  More complicated and expensive  Employer liabilities  Prevailing wage requirement Spouses For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP E-2 Treaty Investor Must be employed by company > 50% Canadian owned Company (or individual Canadian citizen) must make substantial investment Executive, supervisor or essential skill employee Apply directly at U.S. Consulate Length of visa Length of admission For more information, visit

Klasko Immigration Law Partners, LLP E-2 Treaty Investor Advantages  No limit on extensions  Spouse can work Disadvantage  No dual intent (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP L-1 Intracompany Transferee Must have been employed by parent, subsidiary or affiliate company outside U.S. for 1 year Executive, manager or specialized knowledge employee Can apply at port of entry Length of admission 5 or 7 year limit For more information, visit

Klasko Immigration Law Partners, LLP L-1 Intracompany Transferee Advantages  Dual intent  Spouse can work Disadvantage  Restrictive interpretations For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Options for Entrepreneurs F-1  Starting business while a student  Starting business on OPT TN-1  Is there an employer?  What is the occupation? For more information, visit

Klasko Immigration Law Partners, LLP Options for Entrepreneurs H-1B  Must be W-2 employee  Company must control employee  Issues Specialty occupation Prevailing wage Financial ability to pay salary Real job to be done  Need for business plan For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Options for Entrepreneurs E-2  Substantial investment  Investor or employee  Need for business plan For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Options for Entrepreneurs L-1  1 year start up visa  Issues Employees Capitalization Need for “manager” Place of business  Need for business plan For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Permanent Residence Employment  Labor certification application (PERM)  Multinational manager  Extraordinary ability/national interest waiver For more information, visit

Klasko Immigration Law Partners, LLP Permanent Residence Entrepreneurial  EB-5  Extraordinary ability/national interest waiver For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Materials Please visit to download this PowerPoint presentation and relevant articles. For more information, visit

Klasko Immigration Law Partners, LLP For more information, visit

Klasko Immigration Law Partners, LLP H. Ronald Klasko, Esq Klasko Immigration Law Partners, LLP Philadelphia New York Chicago For Further Information

Klasko Immigration Law Partners, LLP online

Klasko Immigration Law Partners, 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 © 2015 Klasko Immigration Law Partners, LLP. All rights reserved. Copyright © All rights reserved.