H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor317 Madison Ave., Suite 1518 Philadelphia, PA New York, NY Permanent Residence Options for Clinicians and Researchers

Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP. Ron and his firm were chosen by clients and peers as one of the top five immigration firms in the country and “the strongest in the country in representing clients in the university research and medical sectors.” He is a former National President of the American Immigration Lawyers Association. He has been a featured invited speaker for the American Association of Medical Colleges (AAMC) and the Educational Commission for Foreign Medical Graduates (ECFMG). He has been Adjunct Professor of Immigration Law at Villanova University Law School and is a frequent author and lecturer on immigration law issues related to academic healthcare institutions. Mr. Klasko is selected annually for inclusion in Best Lawyers in America. Mr. Klasko is the founder and co-chair of NAFSA’s Healthcare Interest Group. His practice emphasizes representation of universities, hospitals and research institutions and their students, scholars, staff and employees. H. Ronald Klasko, Esq.

Klasko, Rulon, Stock & Seltzer, LLP Issues Employer-sponsored, family-sponsored or self-sponsored Quotas/timing issues Impact on visa status Impact on family Impact on travel

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Family Investment Asylum Lottery Employment

Klasko, Rulon, Stock & Seltzer, LLP Spouse of U.S. citizen  No quota wait  EAD and AP within 3 months  Travel may result in loss of status unless H-1B All other relationships  Long quota wait  No interim benefits Family

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

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

Klasko, Rulon, Stock & Seltzer, LLP Lottery Only specified countries One year window Effect of application on future visa applications

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

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Quotas  Visa Bulletin (  Per country of birth, per preference category, per fiscal year  Filing date is “priority date”  EB-1 (extraordinary ability, outstanding researcher)  No quota wait

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Quotas  EB-2 National interest waiver Labor certification requiring  Masters degree  Bachelors degree plus 5 years progressive experience, or  Exceptional ability No quota wait, except China and India  EB-3 Labor certification requiring bachelors or 2 years experience Long quota wait for all countries

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Self-Sponsored  Extraordinary ability EB-1 Standard  National or international reputation  “One of few at the top of peers”  Key is defining field of expertise specifically Extensive documentation required Reference letters critical

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d)  National Interest Waiver EB-2 Standard  Exceptional ability or advanced degree  National priority  National impact Extensive documentation required Reference letters critical

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Employer-Sponsored  Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Evaluating Eligibility  1 st listed author publications  Impact factor?  Citations  Presentations 1 st listed abstracts  Book chapters  Honors and awards  Manuscripts reviewer  Importance/narrowness of field of expertise  Referees

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Choosing Referees  How many?  Good C.V.’s  Prestigious institutions  Geographical diversity One per institution  Impartiality

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Other Factors  Not a peer review process  Importance of job title?  Importance of employer sponsorship?  File now, or wait?

Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians General  Why more difficult than researchers  Can be done for residents?  Still need waiver for I-485

Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians How prove extraordinary ability as a clinician?  Rare expertise in sophisticated procedures or technologies  Complicated diagnoses missed by other specialists  Unusual success rate  Novelty of procedures  “Wow” cases  Prestige of institution (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians  Difficult surgical procedures  Prestigious fellowships  Significance of Board certification or “Diplomate”  Judge of medical students, residents, or nurses  Grand round presentations  High salary (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Special Handling Labor Certification (PERM) Employer-sponsored Must be “some classroom teaching” Nationwide competitive recruitment  At least one print ad “Selected” within last 18 months EB-2

Klasko, Rulon, Stock & Seltzer, LLP Can apply to attendings and other clinicians if “some classroom teaching”  Can be very small percentage  Can be teaching of residents in a classroom Choice if selection more than 18 months ago  “Reselection” One national print ad  Regular recruitment Most qualified standard still applies Special Handling Labor Certification (PERM) (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Clinical National Interest Waivers Credentialing examination required except graduates of US medical school or non-clinical medical practice Available for physicians working full time in HPSA or MUA or for a VA facility for a minimum of five years  Can switch locations  Can count time before filing, but not J time before H-1B Can be specialist

Klasko, Rulon, Stock & Seltzer, LLP Clinical National Interest Waivers Physicians can apply for permanent residence (when EB-2 available) before completing five years, but cannot be approved until completion Requires letter from state or federal agency attesting that the physician’s work furthers the public interest (cont’d)

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Timing  Electronic filing  10 months?  Possibility of audit  First of three steps  Importance of filing before end of 5 th year in H-1B status

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) I-140 Petition  1 st step for EB-1 and national interest waiver  2 nd step for PERM Employee documents education and experience  If adjustment of status, file concurrently with I-485 if quota current  If consular immigrant visa processing, approval sent to National Visa Center

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) 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)

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) 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

Klasko, Rulon, Stock & Seltzer, LLP Questions ?

Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Telephone: (Philadelphia) (New York) Websites: Blog: