Immigration Options
for Students and Scholars
Wednesday, November 11, 2015
H. Ronald Klasko, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia  New York  Chicago
www.klaskolaw.com
H. Ronald Klasko, Esq.

Ron Klasko is the Managing Partner of Klasko Immigration Law Partners, 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 selected Ron as the “most highly
regarded” immigration lawyer in the world. 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.
Klasko Immigration Law Partners, LLP
Immigration Options
for Students and Scholars




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
Agenda
H-1B Visas
H-1B Quota
Options for Dealing with H-1B Quota
Quota-Exempt Employment
Strategies to Enhance Chances of Getting H-1B
Other Visa Options
Permanent Resident Status – Family, Investment,
Asylum, Lottery
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Immigration Options
for Students and Scholars
Agenda



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Permanent Resident Status – Employment
Evaluating Eligibility for Permanent Residence
Quotas
Q & A Session
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
(cont’d)
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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
H-1B Visas
(cont’d)

Employer requirements
 U.S.
employer
 Pay fees
 Post notice
 Keep public examination file
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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 ($1,225)

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
H-1B Visas

H-1B portability
(cont’d)
 Present
or prior H-1B
 Commence employment upon new employer
filing petition

Spouses
 H-4
cannot work (until permanent residence
process)

Travel
 Dual
intent
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
H-1B Quota

What is it, and what does it mean?


Separate quota for US-educated advanced degree
holders



20,000 visas
Separate options for Canada, Mexico, Australia, Chile
and Singapore


65,000 visas
TN-1, E-3, H-1B1
Prospects for change
Timing


April 1 filing date
October 1 start date
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Strategies to Enhance
Chances of Getting H-1B

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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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Other Visa Options

F-1
 OPT
 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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Other Visa Options

E-1 Treaty Trader




Substantial import or export
Treaty country nationality
Executive, supervisor, essential skill employee
E-2 Treaty Investor

Substantial investment




(cont’d)
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.
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Other Visa Options

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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
(cont’d)
Other Visa Options

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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
(cont’d)
Permanent Resident Status





Family
Investment
Asylum
Employment
Lottery
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Family

Spouse of U.S. citizen
 No
quota wait
 EAD and AP within 3 months

All other relationships
 Long
quota wait
 No interim benefits
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Investment


$500,000 or $1,000,000
Individual investment or regional center
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Asylum


Individualized fear of persecution
Race, religion, nationality, political opinion,
social group, sexual persuasion
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Lottery




Only specified countries
One year window
Apply in October
www.travel.state.gov
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment



Employer-sponsored or self-sponsored
Labor certification or extraordinary/national
interest/exceptional
Multiple petitions
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment

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

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
(cont’d)
Permanent Resident Status
Employment
 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

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
(cont’d)
Permanent Resident Status
Employment

Employer-Sponsored
 Outstanding
(cont’d)
Researcher
EB-1
 “Permanent position”
 Similar to extraordinary ability

 Multinational
Manager
EB-1
 Same as L-1 except must be manager or executive
overseas

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Evaluating Eligibility

1st listed author publications



Citations
Presentations



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

Impact factor?
1st listed abstracts
Book chapters
Honors and awards
Manuscripts reviewer
Importance/narrowness of field of expertise
Referees
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment
 Labor
Certification Application (PERM)
(cont’d)
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

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment
(cont’d)

Timing
 Electronic
filing
 Varies (presently approximately 8 months)
 Possibility of audit
 First of three steps
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Quotas



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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Quotas

(cont’d)
EB-2 (national interest waiver and labor certification)
 National
interest waiver
 Labor certification requiring



 No

Masters degree
Bachelors degree plus 5 years progressive experience, or
Exceptional ability
quota wait, except China and India
EB-3
 Labor
certification requiring bachelors or 2 years
experience
 Long quota wait for all countries
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment
 I-140 Petition
1st step for EB-1 and national interest waiver
2nd step for PERM
(cont’d)
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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment

I-485 (Application for Adjustment of Status
(cont’d)
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)

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident Status
Employment

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

For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
(cont’d)
Materials
Please visit www.klaskolaw.com to download this
PowerPoint presentation and relevant articles.
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
For Further Information
H. Ronald Klasko, Esq.
[email protected]
215.825.8600
Klasko Immigration Law Partners, LLP
Philadelphia
Klasko Immigration Law Partners, LLP

New York

Chicago
online
www.klaskolaw.com
www.eb1immigration.com
www.worksite-compliance.com
www.eb5immigration.com
http://blog.klaskolaw.com
Klasko Immigration Law Partners, 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 immigrationrelated guidance is needed.

Copyright © 2015 Klasko Immigration Law Partners, LLP.
All rights reserved.
Klasko Immigration Law Partners, LLP
Copyright © 2015. All rights reserved.