Immigration Options for Entrepreneurial MBA Students Thursday, November 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 selected Ron as the “most highly regarded” immigration lawyer in the world. 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 2015 Issues More job offers H-1B quota issues Tensions for investors and entrepreneurs between:  Obama Administration support vs.  USCIS restrictive attitudes Legislative inaction For more information, visit

Klasko Immigration Law Partners, LLP Employment Options for the F-1 Student 20 hours per week on campus OPT after complete studies Options for the entrepreneur  On-campus employment must be services for students  OPT employment must be related to studies Starting company while a student See “Murky F-1 Employment Issues” ( For more information, visit

Klasko Immigration Law Partners, LLP H-1B – General Issues General requirements Procedure and processing time Length of approval and extensions H-1B portability Travel – dual intent For more information, visit

Klasko Immigration Law Partners, LLP H-1B Quota Past years 2015 What it means Employment during “cap gap” For more information, visit

Klasko Immigration Law Partners, LLP H-1B Issues for Start-Up Business Must establish company with employer tax I.D. number Company can be 100% owned by H-1B employee  Must be W-2 employee  Company separate entity from owner/employee  Independent Board of Directors or other mechanism For more information, visit

Klasko Immigration Law Partners, LLP H-1B Issues for Start-Up Business Company must prove  Financial ability to pay salary Profits and/or capitalization  Real job to be done by H-1B  Place of business (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP H-1B Issues for Start-Up Business Importance of business plan/financial projections Other employees helpful – not required Prevailing Wage  CEO vs. function-descriptive position “Specialty Occupation”  Use of concepts learned in courses (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP H-1B Issues for Search Funds Documenting the employer/employee relationship  Legal entity must employ the beneficiary  Reporting to a board, investors  Signatory authority to someone other than the beneficiary  Ownership interest may be a red flag for further scrutiny Demonstrating adequate specialty occupation work available For more information, visit

Klasko Immigration Law Partners, LLP H-1B Issues for Search Funds Proving that the company actively engages in business Adequate capitalization to operate  “Adequate” may be different at different phases of the search fund (fundraising, search and acquisition, operation, and exit) Different phases of the search fund may trigger a need to amend the H-1B  Change of corporate structure  Change of role during operation and exit phases For more information, visit (cont’d)

Klasko Immigration Law Partners, LLP Other Nonimmigrant (Temporary) Options Treaty (E) Visas Must be national of treaty country  Company must be owned at least 50% by treaty country nationals For more information, visit

Klasko Immigration Law Partners, LLP (cont’d) Other Nonimmigrant (Temporary) Options Treaty (E) Visas Visa for 1 to 5 years  Each entry limited to two years  Visa and entry can be extended indefinitely No quota Spouse can work For more information, visit

Klasko Immigration Law Partners, LLP Treaty traders (E-1)  “Substantial” import or export  Majority between U.S. and treaty country  Can be manager, supervisor or “essential skill” employee (cont’d) Other Nonimmigrant (Temporary) Options Treaty (E) Visas For more information, visit

Klasko Immigration Law Partners, LLP Other Nonimmigrant (Temporary) Options Treaty (E) Visas Treaty investors (E-2)  “Substantial” investment No exact amount Varies depending upon type of investment Relevant issues  Amount of investment  Number of employees  Needs of business  Likely profitability and growth potential Business plan and financial projections critical (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Visa applicant can be  Investor or  Manager, supervisor or essential employee (cont’d) Other Nonimmigrant (Temporary) Options Treaty (E) For more information, visit

Klasko Immigration Law Partners, LLP Intracompany Transferee (L-1) Visas National of any country No quota Length of visa  Start up 1 year  Established business 3 years  Maximum length 7 years For more information, visit

Klasko Immigration Law Partners, LLP Intracompany Transferee (L-1) Visas Spouse can work Must be “international” business  Business outside U.S. with at least 50% common ownership  Must be employed by that business one year Type of employment (in U.S. and overseas companies)  Manager or executive  “Specialized knowledge” employee (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Intracompany Transferee (L-1) Visas (cont’d) Start-up issues  Place of business  Employees  Capitalization  Need for “manager”  Business plan and financial projections For more information, visit

Klasko Immigration Law Partners, LLP Extraordinary Ability (O-1) Visas National or international renown “One of a few at the top of his peers” Must be employer or agent  Can be own company Length of visa  3 years  1 year extensions  Can extend indefinitely For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Family Employment Investment Asylum Lottery For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Investment (EB-5) Amount of investment  $1,000,000 or  $500,000 in “targeted employment area” For more information, visit

Klasko Immigration Law Partners, LLP Two possibilities  Individual investment Requires 10 full time US citizen or permanent resident employees  Regional center investment Over 800 USCIS – approved regional centers Mostly $500,000 investment Indirect employment creation ok 90-95% of all EB-5 applications (cont’d) For more information, visit Permanent Resident Status Investment (EB-5)

Klasko Immigration Law Partners, LLP Permanent Resident Status Investment (EB-5) Lawful source of funds  Extensive documentation required  Can be gift Must prove giftor's source of funds  Can borrow money (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Investment (EB-5) Nature of investor’s relationship to business  Do not have to be employee (but can)  Do not have to be owner (but can) Cannot be purely passive  Limited partner ok (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary / national interest / exceptional / investment Multiple petitions For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Employment Self-Sponsored  Extraordinary ability or national interest waiver Extensive documentation required Reference letters critical (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Employment Employer-Sponsored  Multinational Manager Same as L-1 except must be manager or executive overseas (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Employment  Labor Certification Application (PERM) 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 Usually not available to owner of business (cont’d) For more information, visit

Klasko Immigration Law Partners, LLP Permanent Resident Status Employment 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 (cont’d) For more information, visit

Klasko Immigration Law Partners, 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 Immigration Law Partners, 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 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

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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.