William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia - New York Immigration Update for Researchers Wednesday, May 19, 2010

 Bill Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for over 15 years.  Bill is featured in the Chambers Global Guide, Best Lawyers in America, Pennsylvania Super Lawyers, Who’s Who of Business Lawyers and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, and in 2000 he received AILA’s Joseph Minsky Award, given to the lawyer under age 35 who has made the most outstanding contributions to the field of immigration law.  Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and currently is an Adjunct Faculty Member at Villanova University School of Law. William A. Stock, Esq.

Immigration Opportunities Agenda  H-1Bs  Travel Updates  Permanent Resident Status  Q&As

H-1B Visas  Procedure and processing times  LCA delays  Quota issues  Part-time or full-time  Length of approval  Extensions  Portability  Spouses

H-1B Quota  What is it, and what does it mean?  Separate quota for US-educated advanced degree holders  Separate options for Canada, Mexico, Australia, Chile and Singapore  Prospects for change  Timing  April 1 filing date  October 1 start date

Options for Dealing with H-1B Quota  Quota-exempt employment  Strategies to enhance chances of getting H-1B  Alternative visa options  Applying for permanent residence directly

Quota-Exempt Employment  Who is not subject to the quota?  Universities  Nonprofit institutions affiliated with universities  Employed “at” university  Nonprofit or government research organization  Concurrent employment  Previous H-1B

Travel and Status Issues for H-1B Approvals  Change of status vs. consular visa issuance  Travel after April 1  Maintaining status until October 1

USCIS Site Visits: Goals  Detect and deter fraud  Verify information in immigration filings  Employer is bona fide  Job opportunity is as described  Employee is working in accordance with information provided to USCIS  Provide information on both legitimate and illegitimate petitions for USCIS training

USCIS Site Visits: Responses  Alert Holly Moelle or Karen Johnson  Ask for identification and make note of contact information  Offer to have Human Resources speak for FCCC  Provide truthful information but DON’T GUESS  Offer to follow up with answers  Normal FCCC Visitor Escort policy applies

USCIS Site Visits: Information Requested  Employee’s position and salary  Employee’s duties  Requirements for position  Start date and work location  Any recruitment or other fees

Travel Issues  Potential Problems  Intent to return – F & J vs. H &O  Visa interview delays  Security clearances  Technology Alert List  222(g)  Airport Questioning  Proving employment  Terms and conditions of employment  Knowledge of H-1B petition

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

Questions?

Contact Information William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Websites: Blog: