1. Post Student Years: Immigration Options
William A. Stock, Esq.
Klasko Immigration Law Partners, LLP Philadelphia  New York
April 10, 2018

2. William A. Stock Partner
Bill Stock is a founding partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading multinational corporations, universities, research institutions, hospitals, and individuals for nearly 20 years. In 2017, Bill completed his term as President of the American Immigration Lawyers Association (AILA), the 14,500 member national organization of immigration lawyers. He has long been active in the association on both a national and state level and has served several terms on the Association’s Board of Governors. In 2000, he received the Association’s Joseph Minsky Award for outstanding accomplishments in immigration law. Bill is featured in Chambers Global, Best Lawyers in America, Pennsylvania Super Lawyers, Who’s Who of Business Lawyers and other guides to prominent attorneys. A graduate of the University of Minnesota Law School, Bill is a frequent author and lecturer on business-related immigration topics and has served as an Adjunct Faculty Member at Villanova University School of Law.
William A. Stock Partner
William A. Stock Partner

3. 2018 Issues Unprecedented restrictive immigration policies
More Job Offers
H-1B Quota Issues
Obama Support for Entrepreneurs Withdrawn
Legislative Inaction

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

5. Maintaining Lawful Status
(cont’d)
Crimes and visa cancellations
Can I work / invest / start a company?
Transition times / change of status

6. Executive Order – Travel Ban
Severely Limits Visa Issuance For Citizens Of:
Libya, Chad, Yemen (Immigrants and Tourists)
Iran (All Except F, M, J)
Somalia (Immigrants; Extra Scrutiny for Nonimmigrants)
North Korea and Syria (All)
Venezuela (Certain Government Officials Only)

7. Executive Order – Travel Ban
(cont’d)
Permanent Residents excepted
Dual citizens – can get visa and enter in passport of unbanned country
No longer cancels existing visas
Ends visa interview waiver program
Case-by-case waivers available

8. Other Possible Changes
End to DACA and TPS
Revise practical training program for foreign students
Public benefits
H-4 employment authorization

9. 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’

10. 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

11. H-1B Quota What is it and what does it mean?
20,000 for US awarded advanced degrees
FY 2014–19 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

12. H-1B Quota 65,000 H-1Bs FY 2014–19 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

13. 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

14. Avoiding H-1B Quota Exemption based on employee
(cont’d)
Exemption based on employee
Previously counted (in last 6 years)
Singapore/Chile
Concurrent employment

15. Future of H-1B Adjudications difficulties Site visits
Employers less willing to sponsor

16. Future of H-1B (statutory)
Greatly increased minimum wages
No lottery; preference by salary / education
Labor market tests
Very difficult to make these changes

17. 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

18. 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

19. 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
Plans to renegotiate NAFTA

20. Alternatives I visa – journalists for media outside US O visa
Artists with distinction in field; or
Scientists with extraordinary ability
E-3 – Australians only, similar to H-1B
Dependent on spouse visa

21. Permanent Residence
Authorization to Live & Work Indefinitely in the United States
“Immigrant Visa”
The “Green Card” or “Form I-551”
Not always ‘forever’ – may be abandoned or taken away

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)

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?

24. How Do I Apply?
Family
Investment
Asylum
Employment
DV Lottery

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

26. Permanent Residence Quotas
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

27. Permanent Residence Quotas
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

28. Permanent Residency Quotas Where Are We Now?
Visa Bulletin for April 2018

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?
USCIS: I-140
USCIS: I-485
Non-Immigrant Status?

31. William A. Stock, Esq. wstock@klaskolaw.com 215.825.8600