1. Klasko Immigration Law Partners, LLP
After OPT:
Navigating Immigration
and Your Career
November 21, 2016
Feige M. Grundman, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York

2. Feige M. Grundman, Esq.
Feige M. Grundman is a Senior Associate in the Firm’s Philadelphia office. Feige's practice has focused exclusively on immigration and nationality law since Her practice includes the representation of leading universities, hospitals, Fortune 500, multinational, and private companies with high volume employment based non-immigrant and immigrant visa matters.
A graduate of the University of Pittsburgh School of Law (J.D ), Feige received her undergraduate degree, with Honors, from Carnegie Mellon University (B.S. 2000).
Feige is an active member of the American Immigration Lawyers Association and is admitted to practice law in Pennsylvania, New Jersey and Florida.

3. Agenda Non-Immigrant Status H-1B Requirements H-1B Alternatives
Introduction to Permanent Residency
Q&As
For more information, visit

4. Non-Immigrant Visas Non-Immigrant Status (NIV) H, F, J, O, etc.
Limited duration
Specific to employer / institution
Specific to purpose (work/study/tourism)
May require a showing of non-immigrant intent
For more information, visit

5. Maintaining Lawful Status
Permission to remain in the U.S. for a fixed period
Denoted by I-94 record (for Fs – with I-20; for Js – with DS-2019)
Permissible activities in the U.S. determined by status
Can only hold status in one classification at a time (cannot have an F and H status simultaneously)
For more information, visit

6. Maintaining Lawful Status
(cont’d)
I-94, Arrival / Departure Record
Two ways to obtain:
Port of Entry – requires visa (except Canadian)
Change or Extension of status
Governs Status
Denotes classification (F, J, H, O)
Denotes period of stay
Surrendered upon departure, given up with status
For more information, visit

7. Post F/J NIV Options H-1B Visas
H-1B: “specialty occupation”
Employer petition on your behalf
Legal/filing fees to be paid by employer
Position that normally requires at least a bachelors degree in a related field
Employer must agree to pay “prevailing wage”
For more information, visit

8. H-1B Visas Part-time or full-time Length of approval Extensions
Portability
Maximum in H status 6 years total
CAP on number of H-1Bs issued each year
For more information, visit

9. H-1B Quota What is it and what does it mean?
20,000 for U.S. awarded advanced degrees
FYs gone on April 1-5 (Lottery)
FY 2013 gone by June 7, 2012
FY 2012 gone by October 19, 2011
FY 2011 gone by December 22, 2010
FY 2010 gone on April 1-5 (Lottery)
FY 2009 gone on April 1-5 (Lottery)
For more information, visit

10. H-1B Quota 65,000 H-1Bs FYs 2014-2016 gone on April 1-5 (Lottery)
(cont’d)
65,000 H-1Bs
FYs gone on April 1-5 (Lottery)
FY 2013 gone by June 11, 2012
FY 2012 gone by November 22, 2011
FY 2011 gone by January 26, 2011
FY 2010 gone by December 2009
FY 2009 gone by April 2008
For more information, visit

11. Avoiding H-1B Quota Exemption based on employer Universities
Non-profits affiliated with universities
Increased scrutiny of affiliations
Non-profit research organizations
Government research organizations
For more information, visit

12. Avoiding H-1B Quota Exemption based on employee
(cont’d)
Exemption based on employee
Previously counted (in last 6 years)
Singapore/Chile
Concurrent employment
For more information, visit

13. Travel and Status Issues for H-1B Approvals
Change of status vs. consular visa issuance
Visa – Permission to re-enter the U.S. after a trip abroad (stamp in passport)
Need visa in specific classification to re-enter in that status
Status – Permission to remain in the U.S. for a fixed period (denoted by I-94 card and I-20 or DS-2019)
Only hold status in one classification at a time (i.e. – cannot have an F and an H)
For more information, visit

14. Travel and Status Issues
(cont’d)
Travel after April 1
Depart U.S., relinquish I-94
F visa to come back to use OPT?
What about H? What happens to petition?
Maintaining status until October 1
“Cap gap” relief
OPT must be valid at time H-1B petition is filed
Extends only until September 30
For more information, visit

15. H-1B Alternatives: Ls L-1: intracompany transfer
Must have worked for petitioning company overseas for at least one year in the last three years
For execs, managers, or special knowledge
Spouse eligible for employment authorization
Maximum 7 years in L status
NOTE: H & L combined – max 7 years
For more information, visit

16. Alternatives: J-1 Visa Non-Immigrant Intent Subject to 2-year rule?
What does it mean to be subject?
Options if subject:
Return home
Apply for a Waiver
Obtain an O-1 Visa
For more information, visit

17. Alternatives: Es Must be national of treaty country
Employing company must be owned at least 50% by treaty country nationals
No quota and can be extended indefinitely
Spouse eligible for employment authorization
For more information, visit

18. Alternatives: TN Citizens of Canada and Mexico
Must have employer and job offer
Profession must be on the NAFTA list
Applicant must have qualifications as indicated on NAFTA list
Must evidence non-immigrant intent
For more information, visit

19. Alternatives O visa E-3 – Australians only, similar to H-1B
Artists with distinction in field; or
Scientists with extraordinary ability
E-3 – Australians only, similar to H-1B
Work-authorized dependent status (separate EAD)
For more information, visit

20. Permanent Residence
Authorization to live & work indefinitely in the United States
Immigrant Visa
Green Card or Form I-551
Not always “forever” – may be abandoned or taken away
For more information, visit

21. Immigrant vs. Non-Immigrant
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)
For more information, visit

22. Nonimmigrant to Immigrant
F-1 – attend school
F-1 OPT – start work
H-1B/L-1 – continue working; max 6 years total in H, 7 in L
H-1B – change employer, continues to count against 6 years maximum (L trickier to change)
For more information, visit

23. Nonimmigrant to Immigrant
H-1B – change employer, requires new petition may start working under “H-1B portability”
4th Year H-1B status – start thinking about LPR
Maintain NIV status until LPR
6 years in H-1B, other options?
Eligible to file adjustment of status?
For more information, visit

24. How Do I Apply? Family Investment Asylum Employment DV Lottery
For more information, visit

25. Permanent Residence Quotas
Annual Limit on Permanent Residency
Per Country Limit – 7%
Allocated by:
Priority Date – place in line
Preference Category
For more information, visit

26. Permanent Residence Quotas
(cont’d)
Employment Based Preference Categories:
First Preference (EB-1)
Extraordinary Ability
Outstanding Researcher
Multinational Executive
Second Preference (EB-2)
Advanced Degreed Professionals
Equivalent
Bachelors plus 5 years experience
Exceptional Ability
For more information, visit

27. Permanent Residence Quotas
(cont’d)
Third Preference (EB-3)
Skilled Worker (2+ years experience)
Bachelor’s Degree
Fifth Preference (EB-5)
$1 Million Investment in the U.S. that creates at least 10 U.S. jobs
For more information, visit

28. Permanent Residency Quotas, Where Are We Now?
Employment
Based
All Charge-ability Areas Except Those Listed
CHINA- mainland born
El Salvafor
Honduras
Guatemala
INDIA
MEXICO
PHILIPPINES
1st C
2nd
22SEP12
01FEB08
3rd
01JUL
01JUL13
01JUL16
15MAR05
01JUL11
Visa Bulletin for December 2016

29. Considerations in Employment Based Applications
Employer-sponsored or self-sponsored
Labor certification or extraordinary/NIW
Filing multiple under different categories?
Multi-Step Process
Department of Labor?
U.S.CIS: I-140
U.S.CIS: I-485
Non-Immigrant Status?
For more information, visit

30. Materials
Please visit to download this PowerPoint presentation and relevant articles.
For more information, visit

31. For more information, visit www.klaskolaw.com

32. For Further Information
Feige M. Grundman, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York

33. 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 © 2016 Klasko Immigration Law Partners, LLP. All rights reserved.
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