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H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1601 Market Street, Suite 2600 317 Madison Avenue, Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 rklasko@klaskolaw.comwww.klaskolaw.com After OPT: Navigating Immigration and Your Career October 10, 2014
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Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to universities for over 30 years. Ron is a past National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. His firm is the first immigration law firm global partner of NAFSA: Association of International Educators. Mr. Klasko has been invited by more than 30 universities and hospitals to address students and scholars. Ron has been selected as one of six top tier immigration lawyers in the US by Chambers Global and the firm has been selected as a top tier immigration law firm by U.S. News and World Report. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers Corporate Immigration Law edition selected Ron as one of the three “most highly regarded” immigration lawyers in the world from 2007 to 2013. He is a frequent author and lecturer on 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. He has helped thousands of students navigate the complicated process of obtaining working visas and green cards.
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Klasko, Rulon, Stock & Seltzer, LLP Agenda Non-Immigrant Status H-1B Requirements H-1B Alternatives Introduction to Permanent Residency Q&As For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP Maintaining Lawful Status ‘Status’ Permission to remain in the U.S. for a fixed period Denoted by ‘I-94’ card (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 (i.e. – cannot have an F and an H) For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 For more information, visit www.klaskolaw.com (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota For more information, visit www.klaskolaw.com What is it and what does it mean? 20,000 for US awarded advanced degrees 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 FY 2010 gone on April 1-5 (Lottery) FY 2009 gone on April 1-5 (Lottery)
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Klasko, Rulon, Stock & Seltzer, LLP H-1B Quota (cont’d) For more information, visit www.klaskolaw.com 65,000 H-1Bs 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 FY 2009 gone by April 2008 FY 2008 gone by April 2007
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP Avoiding H-1B Quota Exemption based on employee Previously counted (in last 6 years) Singapore/Chile Concurrent employment (cont’d) For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com Travel and Status Issues for H-1B Approvals
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Klasko, Rulon, Stock & Seltzer, LLP Travel and Status Issues Travel after April 1 Depart US, 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 (cont’d) For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP Alternatives: Es Must be national of treaty country http://www.travel.state.gov/visa 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP Nonimmigrant to Immigrant H-1B – change employer, requires new petition may start working under ‘H-1B portability’ 4 th 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 www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP How Do I Apply? Family Investment Asylum Employment DV Lottery For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP Permanent Residence Quotas For more information, visit www.klaskolaw.com ■Annual Limit on Permanent Residency ■Per Country Limit – 7% ■Allocated by: Priority Date – place in line Preference Category
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Klasko, Rulon, Stock & Seltzer, LLP 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 For more information, visit www.klaskolaw.com (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP ■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 Permanent Residence Quotas For more information, visit www.klaskolaw.com (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Permanent Residency Quotas, Where Are We Now? Visa Bulletin for October 2014 Employment Based All Charge- ability Areas Except Those Listed CHINA- mainland born INDIAMEXICOPHILIPPINES 1 st CCCCC 2 nd C15NOV0901MAY09CC 3 rd 01OCT1101APR0915NOV0301OCT11 Other Workers* 01OCT1122JUL0515NOV0301OCT11 4 th CCCCC Certain Religious Workers CCCCC 5 th Targeted Employment Areas/Regional Centers and Pilot Programs CCCCC
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Klasko, Rulon, Stock & Seltzer, LLP 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? For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP Materials Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles. For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP For more information, visit www.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP E-mail: rklasko@klaskolaw.com Telephone: 215-825-8600 (Philadelphia) 212-796-8840 (New York) Offices: PhiladelphiaNew York 1601 Market Street317 Madison Avenue Suite 2600Suite 1518 Philadelphia, PA 19103 New York, NY 10017
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Klasko, Rulon, Stock & Seltzer, LLP www.klaskolaw.com www.eb1immigration.com www.worksite-compliance.com www.eb5immigration.com http://blog.klaskolaw.com online
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Klasko, Rulon, Stock & Seltzer, LLP 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 © 2014 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved. Copyright © 2014. All rights reserved.
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