1. Klasko Immigration Law Partners, LLP
H-1B:
A Brief Introduction
Tuesday, November 1, 2016
Lisa T. Felix, Esq. (Attorney)
William C. Trevethick (Account Manager)
Klasko Immigration Law Partners, LLP
Philadelphia  New York

2. Lisa T. Felix, Esq.
Lisa Felix represents corporate and educational clients who seek to hire or transfer foreign employees, as well as foreign individuals seeking employment in the United States. She advises employers on immigration compliance, responding to government investigations, and immigration strategy and planning.
Before practicing as an attorney, Lisa worked extensively in higher education, providing immigration services to students, faculty, researchers, and administrators at the University of Pennsylvania, the State University of New York at Buffalo, and at Southern Illinois University–Carbondale’s branch campus in Niigata, Japan.
Lisa is an active member of the American Immigration Lawyers Association, where she has served as co-chair of the AILA Philadelphia Chapter's Pro Bono Committee, and on the organizing committee of the chapter’s annual conference. Lisa is a returning member of NAFSA: Association of International Educators.
Lisa is a 2005 graduate of Temple University’s Beasley School of Law.

3. William Trevethick
William Trevethick is an immigration professional and has been providing immigration assistance and solutions to multinational corporations, leading universities, research institutions, hospitals, and individuals for more than 8 years. William is an Account Manager at Klasko Immigration Law Partners, with offices in Philadelphia and New York. William manages and oversees the preparation and filing of nonimmigrant and immigrant cases and assists U.S. and international clients hire and transfer foreign employees as well as foreign individuals seeking employment in the United States. William received his undergraduate degree from Muhlenberg College in 2007.

4. 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

5. 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

6. H-1B Quota What is it and what does it mean?
20,000 for US awarded advanced degrees
FY 2016 gone on April 1-5 (Lottery)
FY 2015 gone on April 1-5 (Lottery)
FY 2014 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
For more information, visit

7. H-1B Quota 65,000 H-1Bs FY 2016 gone on April 1-5 (Lottery)
(cont’d)
65,000 H-1Bs
FY 2016 gone on April 1-5 (Lottery)
FY 2015 gone on April 1-5 (Lottery)
FY 2014 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
For more information, visit

8. 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
Employed at vs. employed by
For more information, visit

9. 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

10. 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)
Cap-gap petitions must be filed as change of status
For more information, visit

11. When the Cap Cannot Be Avoided
When to Start an H-1B Cap Case
Will vary be employer
Notify your employer at the start of employment that you require H-1B and be your own advocate in following-up
Follow-up discussion with employer in November
Start petition preparation by mid-February at the latest
For more information, visit

12. When the Cap Cannot Be Avoided
Timeline
Gathering of information from employee
Education documents
Status documents
Other documents
Gathering of information from employer
Employer details
Job description/requirements
Wage
Work location(s)
(cont’d)
For more information, visit

13. When the Cap Cannot Be Avoided
(cont’d)
Timeline
Preparation of Case
Prevailing wage analysis
Filing of LCA (should be done by mid-February)
Drafting of forms and supporting documentation
Finalization QC
Filing
For more information, visit

14. Adjudication by USCIS What Does USCIS Check? Bona Fide Employer
Does beneficiary meet education requirement?
Is the position a “specialty” occupation (i.e., requires a Bachelor’s degree
Current status (if applying for change of status)
Accrual of unemployment on OPT
Employer-Employee relationship
For more information, visit

15. Travel and Status Issues
(cont’d)
Travel after April 1
Last action rule
Depart U.S., relinquish I-94
F visa to come back to use OPT?
What about H? What happens to petition?
For more information, visit

16. Travel and Status Issues
(cont’d)
Maintaining status until October 1
“Cap gap” relief
OPT must be valid at time H-1B petition is filed to ensure continued work authorization
If in grace period, not work authorized but can remain in U.S.
Extends only until September 30
For more information, visit

17. When Would Someone Need to Leave the U.S. to Obtain H-1B Status
OPT grace period does not extend to at least April 1
International travel plans between April 1 and October 1
If the petition is filed and/or approved via Consular Notification
If there is some other type of immigration issue
For more information, visit

18. Cap Gap Eligibility for Extension of F-1 OPT
Those Not Qualified for an extension of F-1 OPT
Proof of Continuing Status (Receipt and endorsed I-20)
Denied H-1B Petitions (60 day grace period)
Travel During Cap-Gap Extension
STEM OPT Extensions (Simultaneous is OK)
For more information, visit

19. 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

20. Nonimmigrant to Immigrant
(cont’d)
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

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

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

23. For Further Information
Lisa T. Felix, Esq.
William C. Trevethick

24. online

25. 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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