Immigration Options for Students and Scholars H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 rklasko@klaskolaw.com www.klaskolaw.com H. Ronald Klasko, Esq. Ron Klasko is the Managing Partner of and has been providing immigration assistance and solutions to individuals, multinational corporations, research institutions, hospitals, and leading universities for over 25 years. Ron is a former National President of the American Immigration Lawyers Association and served for 3 years as the bar association s General Counsel. He is a past Chair of AILA s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is one of only two recipient of the American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law. Ron has been chosen as one of twelve top tier immigration lawyers in the U.S. 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 Corporate Immigration Law edition selected Ron as the Most Highly Regarded business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration 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. 1
Immigration Options for Students and Scholars Agenda H-1B Visas J-1 Visas O-1 Visas Other Visa Options Travel Issues Q & A Basic requirements Job Offer Prevailing Wage Bachelors or higher degree Specialty occupation H-1B Visas Procedure and processing times Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Spouses Travel 2
H-1B Quota What is it and what does it mean? Separate quota for US educated advanced degree holders Who is not subject to the quota? Universities Nonprofit institutions affiliated with universities Employed at university Nonprofit or government research organization Previous H-1B Concurrent employment Strategies and timing Alternative visa options J-1 Visas 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 3
J-1 Visas (Cont.) Waiver options No objection waiver Hardship Persecution Federal government agency waiver O-1 Visas Employer sponsored Standards Documentation Reference letters Processing time/issues Length of approval Extensions Spouses 4
Other Visa Options E-1 Treaty Trader Substantial import or export Treaty country nationality E-2 Treaty Investor Substantial investment Treaty country nationality L-1 Intracompany Transferee Related company (equity ownership) One year employment overseas Managerial or specialized knowledge Family Investment Asylum Employment Lottery 5
Employment Employer-sponsored or self-sponsored Labor certification or extraordinary / national interest / exceptional Multiple petitions Employment (Cont.) Extraordinary ability / outstanding researcher EB-1 Standards Documentation Reference letters National Interest Waiver EB-2 Standards 6
Employment (Cont.) Labor Certification Application (PERM) Employer Sponsored Recruitment Prevailing wage Legal issues Timing First of 3 steps Investment $500,000 or $1,000,000 Own business or regional center New business or expand existing business Create 10 jobs Source of funds 7
Adjustment of Status (I-485) Timing Preference categories/quotas Priority dates Processing times Concurrent filing (I-140/I-485) Employment authorization Advance parole Adjustment of Status (I-485) Adjustment portability H-1B Extensions One Year Three years Spouses 8
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 Questions? 9
For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock and Seltzer, LLP rklasko@klaskolaw.com 215-825-8600 (Philadelphia) 212-796-8840 (New York) www.klaskolaw.com 10