1. Permanent Residence Options for Clinicians and Researchers H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 rklasko@klaskolaw.com www.klaskolaw.com rklasko@klaskolaw.com

2. Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. Ron Klasko has been providing immigration assistance and solutions to leading universities, hospitals, and research institutions for over 25 years. Ron is a past National President of the American Immigration Lawyers Association. He has been a member of the AILA Board of Governors since 1980. His firm, which is the first immigration law firm global partner of NAFSA: Association of International Educators, is authorized counsel for the University of Texas system. The firm has been selected as one of six top tier immigration firms in the United States for four consecutive years by the prestigious Chambers Global: The World's Leading Lawyers for Business (Chambers and Partners). This publication noted the firm as the “strongest in the country” when it comes to representing clients in the university research and medical sectors and recognized Ron as “a leading national practitioner who really does it all” who is “literally on the cutting edge” when it comes to immigration policy and legislative issues. Ron has been selected as one of twelve top tier immigration lawyers in the US 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 and 2008 editions selected Ron as the “most highly regarded” immigration lawyer in the world. Ron is a frequent author and lecturer on hospital and university-related immigration law 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.

3. Klasko, Rulon, Stock & Seltzer, LLP Issues Employer-sponsored, family-sponsored or self-sponsored Quotas/timing issues Impact on visa status Impact on family Impact on travel

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

5. Klasko, Rulon, Stock & Seltzer, LLP Spouse of U.S. citizen  No quota wait  EAD and AP within 3 months  Travel may result in loss of status unless H-1B All other relationships  Long quota wait  No interim benefits Family

6. Klasko, Rulon, Stock & Seltzer, LLP Investment $500,000 or $1,000,000 Individual investment or regional center

7. Klasko, Rulon, Stock & Seltzer, LLP Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion

8. Klasko, Rulon, Stock & Seltzer, LLP Lottery Only specified countries One year window www.travel.state.gov Effect of application on future visa applications

9. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions

10. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Quotas  Visa Bulletin (www.travel.state.gov)www.travel.state.gov  Per country of birth, per preference category, per fiscal year  Filing date is “priority date”  EB-1 (extraordinary ability, outstanding researcher)  No quota wait

11. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Quotas  EB-2 National interest waiver Labor certification requiring  Masters degree  Bachelors degree plus 5 years progressive experience, or  Exceptional ability No quota wait, except China and India  EB-3 Labor certification requiring bachelors or 2 years experience Long quota wait for all countries

12. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Self-Sponsored  Extraordinary ability EB-1 Standard  National or international reputation  “One of few at the top of peers”  Key is defining field of expertise specifically Extensive documentation required Reference letters critical

13. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d)  National Interest Waiver EB-2 Standard  Exceptional ability or advanced degree  National priority  National impact Extensive documentation required Reference letters critical

14. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Employer-Sponsored  Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability

15. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Evaluating Eligibility  1 st listed author publications  Impact factor?  Citations  Presentations 1 st listed abstracts  Book chapters  Honors and awards  Manuscripts reviewer  Importance/narrowness of field of expertise  Referees

16. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Choosing Referees  How many?  Good C.V.’s  Prestigious institutions  Geographical diversity One per institution  Impartiality

17. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Other Factors  Not a peer review process  Importance of job title?  Importance of employer sponsorship?  File now, or wait?

18. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians General  Why more difficult than researchers  Can be done for residents?  Still need waiver for I-485

19. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians How prove extraordinary ability as a clinician?  Rare expertise in sophisticated procedures or technologies  Complicated diagnoses missed by other specialists  Unusual success rate  Novelty of procedures  “Wow” cases  Prestige of institution (cont’d)

20. Klasko, Rulon, Stock & Seltzer, LLP EB-1 for Clinicians  Difficult surgical procedures  Prestigious fellowships  Significance of Board certification or “Diplomate”  Judge of medical students, residents, or nurses  Grand round presentations  High salary (cont’d)

21. Klasko, Rulon, Stock & Seltzer, LLP Special Handling Labor Certification (PERM) Employer-sponsored Must be “some classroom teaching” Nationwide competitive recruitment  At least one print ad “Selected” within last 18 months EB-2

22. Klasko, Rulon, Stock & Seltzer, LLP Can apply to attendings and other clinicians if “some classroom teaching”  Can be very small percentage  Can be teaching of residents in a classroom Choice if selection more than 18 months ago  “Reselection” One national print ad  Regular recruitment Most qualified standard still applies Special Handling Labor Certification (PERM) (cont’d)

23. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Timing  Electronic filing  10 months?  Possibility of audit  First of three steps  Importance of filing before end of 5 th year in H-1B status

24. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) I-140 Petition  1 st step for EB-1 and national interest waiver  2 nd step for PERM Employee documents education and experience  If adjustment of status, file concurrently with I-485 if quota current  If consular immigrant visa processing, approval sent to National Visa Center

25. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) I-485 (Application for Adjustment of Status to Permanent Resident)  Cannot file until quota is current  Importance of filing Do not need to maintain visa status Can file for spouse and child Can get Employment Authorization Document (EAD)

26. Klasko, Rulon, Stock & Seltzer, LLP Permanent Resident Status Employment (cont’d) Can get advance parole travel document  Eliminate need to obtain visas  Can still maintain and extend H-1B status Can leave employer if  I-140 approved  I-485 pending 180 days  Similar occupation Permanent resident upon approval Timing and delay issues

27. Klasko, Rulon, Stock & Seltzer, LLP Questions ?

28. Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP rklasko@klaskolaw.com 215-825-8600 (Philadelphia) 212-796-8840 (New York) www.klaskolaw.com