Immigration Options for Students, Scholars and Researchers H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite Madison Ave. Suite 1518 Philadelphia, PA New York, NY

Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. Ron Klasko is the Managing 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 25 years. Ron is a former National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. He is a past Chair of AILA’s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is one of only two recipients of the American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law. Ron has been chosen as one of twelve top tier immigration lawyers in the U.S. by The Chambers Global Guide. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers 2007 edition selected Ron as the “most highly regarded” business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration 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.

Klasko, Rulon, Stock & Seltzer, LLP Immigration Options for Students and Scholars Agenda H-1B Visas H-1B Quota Options for Dealing with H-1B Quota Quota-Exempt Employment Strategies to Enhance Chances of Getting H-1B Travel and Status Issues for H-1B Approvals Other Visa Options H-1B Alternatives

Klasko, Rulon, Stock & Seltzer, LLP Immigration Options for Students and Scholars Agenda (cont’d) O-1 Visas J-1 Visas Permanent Resident Status  Employment  Investment  Adjustment of Status Travel Issues Q & A

Klasko, Rulon, Stock & Seltzer, LLP H-1B Visas Basic requirements  Job Offer  Prevailing Wage  Bachelors or higher degree  Specialty occupation Procedure and processing times Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Spouses Travel

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP 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

Klasko, Rulon, Stock & Seltzer, LLP Strategies to Enhance Chances of Getting H-1B Obtaining masters degree Filing multiple years Filing first day Using previously-obtained degree Combination of education and experience Start your own business  Apply as H-1B employee

Klasko, Rulon, Stock & Seltzer, LLP Travel and Status Issues for H-1B Approvals Change of status vs. consular visa issuance Travel after April 1 Maintaining status until October 1

Klasko, Rulon, Stock & Seltzer, LLP Other Visa Options F-1  OPT  Going back to school Working overseas for U.S. employer  Entering U.S. as B-1 Look at spouse’s status  Spouse of J,E and L can work

Klasko, Rulon, Stock & Seltzer, LLP Other Visa Options (cont’d) E-1 Treaty Trader  Substantial import or export  Treaty country nationality E-2 Treaty Investor  Substantial investment  Treaty country nationality L-1 Intracompany Transferee  Related company (equity ownership)  One year employment overseas  Managerial or specialized knowledge

Klasko, Rulon, Stock & Seltzer, LLP H-3  Alien is a trainee  Alien can be trainee in high-level position  Formal training program required  Productive employment incidental to training  Training will qualify alien for position abroad H-1B Alternatives Training-Based

Klasko, Rulon, Stock & Seltzer, LLP H-2B  Numerical quota and timing issues Can be skilled position but must be temporary Seasonal, peak-load, intermittent or one-time occurrence H-1B Alternatives Other Options

Klasko, Rulon, Stock & Seltzer, LLP H-1B Alternatives Other Options (cont’d) O-1 Visas  Employer sponsored  Standards  Documentation  Reference letters  Processing time/issues  Length of approval  Extensions  Spouses

Klasko, Rulon, Stock & Seltzer, LLP J-1 Visas Who is subject to 2-year return? What does it mean to be subject? Options if subject:  Return home Where is home? Aggregating trips?  O-1  Waiver

Klasko, Rulon, Stock & Seltzer, LLP J-1 Visas (cont’d) Waiver options  No objection waiver  Hardship  Persecution  Federal government agency waiver

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

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) Extraordinary ability/Outstanding Researcher  EB-1  Standards  Documentation  Reference letters National Interest Waiver  EB-2  Standards

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Labor Certification Application (PERM)  Employer Sponsored  Recruitment  Prevailing wage  Legal issues  Timing  First of 3 steps

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Investment $500,000 or $1,000,000 Own business or regional center New business or expand existing business Create 10 jobs Source of funds

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) Timing  Preference categories/quotas  Priority dates  Processing times Concurrent filing (I-140/I-485) Employment authorization Advance parole

Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Adjustment of Status (I-485) (cont’d) Adjustment portability H-1B Extensions  One Year  Three years Spouses

Klasko, Rulon, Stock & Seltzer, LLP Travel Issues Potential Problems  Intent to return – F & J vs. H &O  Visa interview delays  Security clearances  Technology Alert List  222(g) Possible solutions  Don’t travel  Canada/Mexico  Advance Parole

Klasko, Rulon, Stock & Seltzer, LLP Questions ?

Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP (Philadelphia) (New York)