Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP New York Philadelphia

1. Immigration POST-OPT Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP New York Philadelphia 317 Madison Avenue, Suite 1518 1800 John F. Kennedy Blvd., Floor 17 New York, NY 10017 Philadelphia, PA 19103 212.796.8840 215.825.8600 sseltzer@klaskolaw.comwww.klaskolaw.com

2. Suzanne B. Seltzer, Esq. • Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP.  Ms. Seltzer is the Chair of the American Immigration Lawyer's Association (AILA) USCIS Benefits & Policy Liaison Committee, is a member of AILA’s InterAgency Liaison Committee, and recently completed her tenure as the Vermont Service Center (VSC) liaison and as a NAFSA Regulatory Ombudsman.  Ms. Seltzer speaks and writes extensively on visa options for scientists and researchers.  • She is listed in Best Lawyers in America, Chambers USA, New York SuperLawyers, and the International Who's Who of Corporate Immigration Lawyers.  • A magna cum laude graduate of the University of Pennsylvania, Ms. Seltzer received her law degree from Georgetown University’s Law Center (cum laude).

3. Agenda • Lawful Status in the U.S. • Nonimmigrant Status • Permanent Residence Status • Travel Issues • Q&As For more information, visit www.eb1immigration.com

4. Maintaining Lawful StatusThe Lingo • ‘Visa’ • Permission to re-enter the U.S. after a trip abroad (stamp in passport) • Obtained at a consulate outside the U.S. • Valid visa not required inside the U.S. • Specific to classification – i.e. F, J, H, O For more information, visit www.eb1immigration.com

5. Maintaining Lawful Status For more information, visit www.eb1immigration.com • ‘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) • Depart US, give up status

6. Maintaining Lawful Status For more information, visit www.eb1immigration.com • 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

7. Maintaining Lawful Status For more information, visit www.eb1immigration.com • Passport • Must have unexpired passport, even if no plans to travel • Travel – valid for at least 6 months from date of return

8. Maintaining Lawful Status For more information, visit www.eb1immigration.com • Must have unexpired I-94 & passport • Must be complying with terms of status • F-1 – attend class • H-1B – work only for petitioning employer • Must update USCIS of current address • File AR-11: https://egov.uscis.gov/crisgwi/go?action=coa.Terms

9. Status Violations &Unlawful Presence For more information, visit www.eb1immigration.com • Status Violations • May be able to correct, usually by departing the U.S. and re-entering • F-1 – may require re-instatement into SEVIS • May be ineligible for change or extension of status • Unlawful Presence • Overstaying date certain on I-94 • Immigration official finds violation of F/J status

10. Non-Immigrant Options For more information, visit www.eb1immigration.com • Generally… • Employer & position specific • For a specific duration (and often a limited duration) • Self-employment not an option

11. Non-Immigrant Options: H-1B For more information, visit www.eb1immigration.com • H-1B: ‘specialty occupation’ • Position that normally requires at least a bachelors degree in a related field • Employer must agree to pay ‘prevailing wage’ • Maximum in H status 6 years total • CAP on number of H-1Bs issued each year

12. Non-Immigrant Options: H-1B Cap What is it and what does it mean? • 20,000 for US awarded advanced degrees • FY 2012 gone by October 19. 2011 • FY 2011 gone by December 22, 2010 • FY 2010 gone by April 2009 • FY 2009 gone by April 2008 • FY 2008 gone by April 2007 For more information, visit www.eb1immigration.com

13. H-1B Quota • 65,000 H-1Bs • 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 • FY 2007 gone by May 2006 For more information, visit www.eb1immigration.com

14. Avoiding H-1B Quota • Exemption based on employer • Universities • Non-profits affiliated with universities • Non-profit research organizations • Government research organizations For more information, visit www.eb1immigration.com

15. Avoiding H-1B Quota • Exemption based on employee • Previously counted • Singapore/Chile • Concurrent employment For more information, visit www.eb1immigration.com

16. Can’t avoid the quota, planning strategies? • Filing April 1 for Oct 1 start date • CAP GAP Relief • Must file before OPT expires • Other Non-Immigrant Options For more information, visit www.eb1immigration.com

17. Non-Immigrant Options: Ls For more information, visit www.eb1immigration.com • 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. Non-Immigrant Options: Es For more information, visit www.eb1immigration.com • 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

19. Non-Immigrant Options: TN For more information, visit www.eb1immigration.com 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

20. Non-Immigrant Options: other? For more information, visit www.eb1immigration.com • I visa – journalists • 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. Going from 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.eb1immigration.com

22. 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 For more information, visit www.eb1immigration.com

23. How Do I Apply? • Family • Investment • Asylum • Employment • DV Lottery For more information, visit www.eb1immigration.com

24. Permanent Residency Quotas • Annual Limit on Permanent Residency • Per Country Limit – 7% • Allocated by: • Priority Date – place in line • Preference Category For more information, visit www.eb1immigration.com

25. Permanent Residency Quotas • Employment Based Preferences • First Preference (EB-1) • Extraordinary Ability, Outstanding Researcher, Multinational Executive • Second Preference (EB-2) • National Interest Waivers, Advanced Degreed Professionals, Bachelors plus 5 years experience • Third Preference (EB-3) • Skilled Worker (2+ years experience), Bachelor’s Degree For more information, visit www.eb1immigration.com

26. Permanent Residency Quotas, Where Are We Now: DEC 2011 For more information, visit www.eb1immigration.com

27. Permanent Residency Quotas,Where Are We Now? • “Oversubscribed” versus “Available” • Available if: • Visa Bulletin indicates “C” = current • Priority date earlier than posted date • Predictions from State Department for FY2012 • EB-1 approvals are down almost 50% • This will advance EB-2 in China or India • China EB-3 will advance a little; India EB-3 not at all For more information, visit www.eb1immigration.com

28. Travel Issues • Potential Problems • Intent to return – F & J vs. H & O • Visa interview delays • Security clearances • Technology Alert List • 222(g) • Possible solutions • Don’t travel • Canada/Mexico • Advance Parole For more information, visit www.eb1immigration.com

29. Materials Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles. For more information, visit www.eb1immigration.com

30. For more information, visit www.eb1immigration.com

31. For Further Information Suzanne B. Seltzer, Esq. Klasko, Rulon, Stock & Seltzer, LLP E-mail: sseltzer@klaskolaw.com Telephone: 212-796-8840 (New York) 215-825-8600 (Philadelphia) Websites:www.klaskolaw.com www.eb1immigration.com Blog:http://blog.klaskolaw.com