1. Immigrants & Entrepreneurship: A Panel Discussion
Thursday, May 18, 2017
Elise A. Fialkowski, Esq. Klasko Immigration Law Partners Andrew J. Zeltner, Esq. Klasko Immigration Law Partners Mahmoud Mustafa, ROAR for Good Vidur Bhatnagar, Keriton Srinath Vaddepally, Ristcall

2. Elise A. Fialkowski, Esq.
Elise Fialkowski is a partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, multinational corporations, and individuals for over 20 years. 
Elise has particular expertise in worksite enforcement and she leads our worksite compliance group. Elise regularly counsels clients regarding I-9 compliance, E-Verify, Social Security no-match letters and H-1B Labor Condition Application (LCA) compliance. She works with employers to develop proactive compliance programs and assists employers with internal audits and training. Elise has also successfully represented companies facing I-9 and H-1B LCA audits and investigations. 
Elise has long been active in the American Immigration Lawyers Association (AILA) and she currently serves as the Vice-Chair of AILA’s Global Migration Section and serves on the Philadelphia Customs and Border Protection Liaison Committee. She has served on many other committees at the local and national level.
Elise has been named in Pennsylvania SuperLawyers, The International Who’s Who of Corporate Immigration Lawyers and the International Who’s Who of Business Lawyers. A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, Elise received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991).

3. Andrew J. Zeltner, Esq.
Andrew J. Zeltner is an Associate in the Firm’s Philadelphia office and handles a wide array of corporate immigration matters including those involving the processing of permanent resident applications (green cards) on behalf of multinational corporate and individual clients, including labor certification applications, immigrant visa petitions and adjustment of status applications.
Andrew has significant experience providing employment-based U.S. immigration services for large corporate clients, including applications for B-1 OCS, E-1/E-2, H-1B, H- 3, J-1, L-1, O-1, TN, labor certifications, multinational manager and executive immigrant petitions, outstanding researchers, extraordinary ability aliens, and national interest waivers. He has provided extensive advice to human resources professionals and corporate counsel regarding immigration compliance matters including I-9 and LCA compliance issues.
Andrew received a Bachelor of Arts degree in Politics (cum laude) from The Catholic University of America. He earned his J.D. (cum laude) from Quinnipiac University School of Law. While in law school, Mr. Zeltner served as Opinions Editor of the Quinnipiac Probate Law Journal.

4. New Entrepreneur Rule Rule takes effect on July 17, 2017
Provides for up to 5 years of work authorization for entrepreneurs
A maximum of three entrepreneurs per start-up can qualify
Initial grant of 30 months of parole
Can apply for a 30 month extension
For more information, visit

5. Eligibility Requirements
Company was established within the last five years of applying
Must own at least 10% and play an active role (cannot be a passive investor)
Must have $250,000 investment from “qualified investors” or $100,000 in government funding
Can attempt to provide additional compelling evidence for substantial growth potential if investment requirements are not fully satisfied
For more information, visit

6. Who is a Qualified Investor?
U.S. organization/individual must have invested $600K in start-ups over the last five years and
Two of the start-ups must have
Created five full-time jobs, OR
Generated at least $500K in revenue with 20% annual growth
For more information, visit

7. Extension Requirements
Must retain 5% ownership and continue to play an active role in the start-up
During initial parole period must have:
Created 5 full-time jobs; or
Received $500K in qualifying investments grants or awards; or
Generated $500K in annual U.S. revenue with 20% growth
For more information, visit

8. Additional Requirements
Must have income of at least 400% of poverty level based on household size
Alternative evidence for applicants who fail to meet funding/revenue requirements
For more information, visit

9. Dependent Family Members
Dependent family members can obtain parole status.
Spouse can file for work authorization
For more information, visit

10. Impact of the Trump Administration
Immigration Plan
H-1B Reform/NAFTA
Entrepreneurs
Timing
Impact now – CBP and USCIS
Enforcement
For more information, visit

11. H-1B Visas Basic requirements Job Offer Specialty occupation
Part-time or full-time
Specialty occupation
Job requires bachelors or higher degree in specific field
Bachelors or higher degree
Determine U.S. equivalence of foreign degree
Combination of education and experience
Prevailing wage
For more information, visit

12. 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

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

14. 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 with a for-profit employer
If an H-1B employee has only been employed by a quota- exempt employer, then that person is subject to the quota.
For more information, visit

15. H-1B1: Chile & Singapore 5,400 visas available for Singapore
1,400 for Chilean nationals
Specialty Occupation standard
LCA required
Valid for 1 year, no limit on extensions but must continue to show nonimmigrant intent.
For more information, visit

16. E-3 Australians
For professional workers coming to work for a U.S. employer in a “specialty occupation”
Applies only to nationals of Australia
Spouses and children may be of any nationality; spouses may apply for EAD
Apply directly at consular post (can apply outside of Australia)
Employer must obtain LCA from DOL
24-month maximum validity
Numerically limited – 10,500 annually
For more information, visit

17. TN (NAFTA) Status NAFTA provides a list of professions
A Mexican or Canadian national in a listed profession may enter the U.S. for three years to work for a U.S. employer in that profession
Renewable, no regulatory upper limit but must continue to show nonimmigrant intent.
TN Equation:
Offered position on NAFTA List + Beneficiary is a
Canadian/Mexican national and qualified for the position = TN
For more information, visit

18. Other Nonimmigrant (Temporary) Options Treaty (E) Visas or J-1 Research Scholar
Must be national of treaty country
Company must be owned at least 50% by treaty country nationals
J-1 Research Scholar-Primarily for conducting research, observation or consulting on a research project.
Maximum stay of five years.
For more information, visit

19. 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

20. 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 owner of company
Length of visa
3 years
1 year extensions
Can extend indefinitely
For more information, visit

21. O-1 What’s included in the petition Processing time/issues Extensions
Reference letters
Independent referees
Addressing O-1 criteria
Corroborating documentation
Processing time/issues
Extensions
Spouses
For more information, visit

22. Permanent Resident Status
Family
Employment
Investment
Asylum
Lottery
For more information, visit

23. Permanent Residency Quotas, Where Are We Now?
Employment based
All Charge- ability  Areas Except Those Listed
CHINA- mainland  born
EL SALVADOR GUATEMALA HONDURAS
INDIA
MEXICO
PHILIPPINES
1st C
01JAN12
2nd
01MAR13
01JUL08
3rd
15APR17 
01OCT14
15APR17  
15MAY05 
15APR17
01MAY13
Other Workers
01JUL06
15MAY05
4th
15JUL15
Certain Religious Workers U
5th Non-Regional Center (C5 and T5)
01JUN14
Visa Bulletin for June 2017

24. Permanent Resident Status Employment
Labor certification or extraordinary/national interest/exceptional
Multiple petitions
For more information, visit

25. Questions ?
For more information, visit

26. For Further Information
Elise A. Fialkowski, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York

27. For Further Information
Andrew J. Zeltner, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York

28. online www.klaskolaw.com www.eb1immigration.com

29. 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 © 2017 Klasko Immigration Law Partners LLP. All rights reserved.
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