Fundamentals of Immigration Law William A. Stock, Esq. Klasko, Rulon, Stock and Seltzer, LLP 1800 JFK Blvd. Suite Madison Ave. Suite 1518 Philadelphia, PA New York, NY

Klasko, Rulon, Stock & Seltzer, LLP William A. Stock, Esq. William A. 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 nearly 15 years. Bill is featured in The Chambers Global Guide, The Best Lawyers in America, 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.

Klasko, Rulon, Stock & Seltzer, LLP Introduction Key Concepts Employment-Based Nonimmigrant Procedures and Categories Recruiting and Retaining Physicians Employment-Based Immigrant Procedures and Categories Recruitment Questions About Immigration Status

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Concepts and Procedures Key Distinctions  Citizen vs. Foreign National  Immigrant vs. Nonimmigrant  “Visa” vs. “Status”

Klasko, Rulon, Stock & Seltzer, LLP Key Distinction #1 Citizen vs. Foreign National  All Noncitizens are subject to immigration law (including exclusion and deportation for violations of the law), whether on a temporary visa or admitted for permanent residence  U.S. Immigration law treats all non-U.S. citizens the same (mostly)

Klasko, Rulon, Stock & Seltzer, LLP Key Distinction #2 Immigrants vs. Nonimmigrants  Immigrants/Permanent Residents are allowed to live and work in the United States without restriction  Law Presumes “Immigrant Intent” of All Noncitizens (unless they can prove qualification for a nonimmigrant category)  Nonimmigrants are admitted for a specific, temporary purpose enumerated in the Immigration and Nationality Act

Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant Concepts and Procedures (continued) Basic Procedures  Employer Visa Petition  Employee Visa Application  Change of Status  Extension of Status  Adjustment of Status

Klasko, Rulon, Stock & Seltzer, LLP Employment-Based Nonimmigrant Categories Visitors (B) Students (F) Professional Workers (H-1B) Exchange Visitors (J) Extraordinary Ability (O-1) Canadian & Mexican Professionals (TN-1) Family Members (F-2, J-2, H-4, L-2, O-3, TD)

Klasko, Rulon, Stock & Seltzer, LLP Retaining J-1 Physicians and Researchers Is doctor subject to 2-year return requirement? If doctor is subject, does he/she need a waiver? O-1 as a Temporary Option

Klasko, Rulon, Stock & Seltzer, LLP Hiring J-1 Physicians & Researchers Clinical doctors  State 30  Federal programs Researchers  HHS waiver  Other government agencies Other types of waivers  No objection  Persecution  Exceptional hardship

Klasko, Rulon, Stock & Seltzer, LLP Employment-Based Immigrant Procedures and Categories Extraordinary Ability Outstanding Researchers Professionals with Advanced Degrees Professionals and Skilled Workers Labor Certification Requirement Policy Issue: Evaluation of Permanent Residence Eligibility at Time of Hire

Klasko, Rulon, Stock & Seltzer, LLP Recruitment Questions About Immigration Status Non-Discrimination Requirement  No Discrimination Allowed Between U.S. Citizens, U.S. Nationals, Permanent Residents, Asylees, Refugees, and 1986 amnesty program’s “Temporary Residents.”  Recruiters NOT allowed to ask “Are you a U.S. Citizen?” or “Do you have a Green Card?”  Recruiters NOT allowed to request specific documents or to require “more or different” documents than the minimum required.

Klasko, Rulon, Stock & Seltzer, LLP Recruitment Questions About Immigration Status (continued) Employers May Elect Not to Hire Candidates Needing “Immigration Sponsorship.” Recruiters ARE allowed to ask “Are you legally authorized to work in the United States?” followed by “Will you now or in the future require sponsorship for an employment visa status?” (e.g., H-1B visa status)

Klasko, Rulon, Stock & Seltzer, LLP Questions ?

Klasko, Rulon, Stock & Seltzer, LLP For Further Information William A. Stock, Esq. Klasko, Rulon, Stock and Seltzer, LLP 1800 John F. Kennedy Blvd., Suite 1700 Philadelphia, PA