1 / 43

Immigration Options after F-1 or J-1 Status

Immigration Options after F-1 or J-1 Status. H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017

shawnwalker
Télécharger la présentation

Immigration Options after F-1 or J-1 Status

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Immigration Optionsafter F-1 or J-1 Status H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840rklasko@klaskolaw.comwww.klaskolaw.com

  2. H. Ronald Klasko, Esq. • Ron Klaskohas 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 is the first immigration law firm global partner of NAFSA: Association of International Educators.  The firm has been selected as one of six top tier immigration firms in the United States for three 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. Immigration Optionsfor Students and ScholarsAgenda • H-1B Visas • H-1B Quota • Options for Dealing with H-1B Quota • Quota-Exempt Employment • Strategies to Enhance Chances of Getting H-1B • Travel and Status Issues for H-1B Approvals • Other Visa Options • Permanent Resident Status – Family, Investment, Asylum, Lottery

  4. Immigration Optionsfor Students and ScholarsAgenda (cont’d) • Permanent Resident Status – Employment • Evaluating Eligibility • Choosing Referees • Other Factors • Quotas • Travel Issues • Q & A

  5. H-1B Visas • Basic requirements • Job Offer • Part-time or full-time • Bachelors or higher degree • Determine U.S. equivalence of foreign degree • Combination of education and experience • Specialty occupation • Job requires bachelors or higher degree in specific field • Prevailing wage

  6. H-1B Visas (cont’d) • Employer requirements • U.S. employer • Pay fees • Post notice • Keep public examination file

  7. H-1B Visas (cont’d) • Procedure and processing time • File Labor Condition Application with DOL • File H-1B petition with CIS • Change of status or consular visa issuance • Processing time • 3 to 5 months • 15 days or less with premium processing ($1000)

  8. H-1B Visas (cont’d) • Length of approval and extensions • 3 year initial approval and 3 year extension • 6 year maximum – any combination of employers • Extensions beyond 6 years • Recapture time out of U.S. • 1 year extension if file labor certification application or immigrant petition one year before expiration • 3 year extension if immigrant petition approved and quota backlog

  9. H-1B Visas (cont’d) • H-1B portability • Present or prior H-1B • Commence employment upon new employer filing petition • Spouses • H-4 cannot work • Travel • Dual intent

  10. H-1B Quota • What is it, and what does it mean? • 65,000 visas • Separate quota for US-educated advanced degree holders • 20,000 visas • Separate options for Canada, Mexico, Australia, Chile and Singapore • TN-1, E-3, H-1B1 • Prospects for change • Timing • April 1 filing date • October 1 start date

  11. Options for Dealing with H-1B Quota • Quota-exempt employment • Strategies to enhance chances of getting H-1B • Alternative visa options • Applying for permanent residence directly

  12. Quota-Exempt Employment • Who is not subject to the quota? • Universities • Nonprofit institutions affiliated with universities • Employed “at” university • Nonprofit or government research organization • Concurrent employment • Previous H-1B

  13. Strategies to Enhance Chances of Getting H-1B • Obtaining masters degree • Filing multiple years • Filing first day • Using previously-obtained degree • Combination of education and experience • Start your own business • Apply as H-1B employee

  14. Travel and Status Issues for H-1B Approvals • Change of status vs. consular visa issuance • Travel after April 1 • Maintaining status until October 1 • “Cap gap” relief

  15. Other Visa Options • F-1 • OPT • 12 months or 29 months • Going back to school • Advantages of Masters or PhD • Working overseas for U.S. employer • Entering U.S. as B-1 • Eligibility for L-1 after one year • Look at spouse’s status • Spouse of J,E and L can work

  16. Other Visa Options (cont’d) • E-1 Treaty Trader • Substantial import or export • Treaty country nationality • Executive, supervisor, essential skill employee • E-2 Treaty Investor • Substantial investment • No exact amount • Treaty country nationality • Investor or employee (executive, supervisory or essential skill) • L-1 Intracompany Transferee • Related company (equity ownership) • One year employment overseas • Managerial or specialized knowledge • Overseas and U.S.

  17. Other Visa Options (cont’d) • H-3 • Corporate trainee • Training not available overseas • Formal training program required • Productive employment incidental to training • Training will qualify for position abroad

  18. Other Visa Options (cont’d) • H-2B • Numerical quota and timing issues • Can be skilled position but must be temporary • Seasonal, peak-load, intermittent or one-time occurrence • No U.S. workers available

  19. Other Visa Options (cont’d) • O-1 Visas • Employer sponsored • Standards • National or international reputation • Documentation • Reference letters • Length of approval • 3 years • Unlimited one year extensions • Spouses • O-3 cannot be employed

  20. Other Visa Options (cont’d) • J-1 Visas • Trainee, researcher, scholar • Who is subject to 2-year return? • What does it mean to be subject? • Options if subject: • Return home • Where is home? • Aggregating trips? • O-1 • Waiver

  21. Other Visa Options (cont’d) • Waiver options • No objection waiver • Hardship • Persecution • Federal government agency waiver

  22. Permanent Resident Status • Family • Investment • Asylum • Employment • Lottery

  23. Family • Spouse of U.S. citizen • No quota wait • EAD and AP within 3 months • All other relationships • Long quota wait • No interim benefits

  24. Investment • $500,000 or $1,000,000 • Individual investment or regional center

  25. Asylum • Individualized fear of persecution • Race, religion, nationality, political opinion, social group, sexual persuasion

  26. Lottery • Only specified countries • One year window • www.travel.state.gov

  27. Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Permanent Resident StatusEmployment

  28. 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 Permanent Resident StatusEmployment(cont’d)

  29. National Interest Waiver EB-2 Standard Exceptional ability or advanced degree National priority National impact Extensive documentation required Reference letters critical May file multiple petitions Permanent Resident StatusEmployment(cont’d)

  30. Employer-Sponsored Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability Multinational Manager EB-1 Same as L-1 except must be manager or executive overseas Permanent Resident StatusEmployment(cont’d)

  31. Evaluating Eligibility • 1st listed author publications • Impact factor? • Citations • Presentations • 1st listed abstracts • Book chapters • Honors and awards • Manuscripts reviewer • Importance/narrowness of field of expertise • Referees

  32. Choosing Referees • How many? • Good C.V.’s • Prestigious institutions • Geographical diversity • One per institution • Impartiality

  33. Other Factors • Not a peer review process • Importance of job title? • Importance of employer sponsorship? • File now, or wait?

  34. Labor Certification Application (PERM) EB-2 or EB-3 Employer must: Pay attorney fees and advertising costs Define “minimum requirements” Engage in required recruitment (approximately 4-5 months) Interview U.S. worker applicants Prove unavailability of qualified, interested, and available U.S. worker Pay prevailing wage Permanent Resident StatusEmployment(cont’d)

  35. Timing Electronic filing Varies (presently approximately 8 months) Possibility of audit First of three steps Permanent Resident StatusEmployment(cont’d)

  36. Per country of birth, per preference category, per fiscal year Filing date is “priority date” EB-1 (extraordinary ability, outstanding researcher, multinational manager) No quota wait Quotas

  37. EB-2 (national interest waiver and labor certification) 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 Quotas (cont’d)

  38. I-140 Petition 1st step for EB-1 and national interest waiver 2nd 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 Permanent Resident StatusEmployment(cont’d)

  39. 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) Permanent Resident StatusEmployment(cont’d)

  40. 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 Permanent Resident StatusEmployment(cont’d)

  41. 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

  42. Questions ?

  43. 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

More Related