elise a. fialkowski, esq. klasko, rulon, stock & seltzer, llp philadelphia new york 1800 john f....
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Elise A. Fialkowski, Esq. Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia New York1800 John F. Kennedy Blvd., Floor 17 317 Madison Avenue, Suite 1518 Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840efialkowski@klaskolaw.com www.klaskolaw.com
Tuesday, October 22, 2013
Immigration OptionsImmigration Optionsfor Scholars and Researchers
Biomedical Postdoctoral Programs
Klasko, Rulon, Stock & Seltzer, LLP
Elise Fialkowski is a partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, multinational corporations, and individuals for nearly 20 years.
Elise has particular expertise in worksite enforcement and she leads our worksite compliance practice. Elise regularly counsels clients regarding I-9 compliance, E-Verify, Social Security no-match letters and H-1B Labor Condition Application (LCA) compliance. She works with employers to develop proactive compliance programs and assists employers with internal audits and training. Elise has also successfully represented companies facing I-9 and H-1B LCA audits and investigations.
Elise has long been active in AILA having served as Chair of the Philadelphia Chapter and on national committees. She currently serves on AILA’s TSC Liaison Committee and Philadelphia USCIS Liaison Committee.
Elise has been named in Pennsylvania SuperLawyers, The International Who’s Who of Corporate Immigration Lawyers and the International Who’s Who of Business Lawyers. A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, Elise received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991).
A Phi Beta Kappa graduate of the University of North Carolina at Chapel Hill, (B.A.1987), Elise received her law degree from the Villanova University School of Law (J.D., magna cum laude, 1991).
Klasko, Rulon, Stock & Seltzer, LLP
Intro to Permanent Residency Non-Immigrant Options, Immigrant Intent, and
Timing Permanent Residency Quotas Employment Based Permanent Residency
Self Petitions Employer Sponsored
Adjustment of Status and Maintenance of Status
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
What is Permanent Residency?
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.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Immigrant vs. Nonimmigrant Visas
Immigrant VisaGreen Card/Permanent Residency
Nonimmigrant Visa (NIV)H, F, J, O, etc.Limited durationSpecific to employer/institutionSpecific to purpose (work/study/tourism)May need to establish “non-immigrant” intent
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant to Immigrant
F-1 – attend school
F-1 OPT – start work
H-1B – continue working; Cap subject? Cap exempt?
H-1B – change employer? 6 years maximum in H status
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
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
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant Option:H-1B and the Quota
What is it and what does it mean? Who is not subject to the quota?
Universities Nonprofit institutions affiliated with universities Nonprofit or government research organization Previous H-1B under cap Concurrent employment
Cap Exempt to Cap SubjectFor more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant OptionJ-1 Visa
Non-Immigrant Intent Subject to 2-year rule?
What does it mean to be subject?Options if subject:
Return home Apply for a Waiver Obtain an O-1 Visa
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
J-1 Nonimmigrant to LPRJ-1 two year home requirement
waiver fulfill two years
H-1B and/or Apply for LPR
For more information, visit www.eb1immigration.com
O-1
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant Option:O-1 Visa
Extraordinary Ability Factors Considered in Initial Evaluation
1st authored articles / presentationsCitationsBook chapters / review articlesPeer reviewer / manuscript reviewer
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
O-1 Option:Alien of Extraordinary Ability
Document Intensive Petition Important option if:
Cap Subject H-1B 6 Years in H-1BJ Subject to 2 years
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Moving from Non-Immigrant to Permanent Resident
Non-immigrant status does not convert to green card
Important to maintain non-immigrant status throughout green card application process
May be impediments to travel during this process
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Application Pathwaysfor Permanent Residency
Family Investment Asylum Employment DV Lottery
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Residency Quotas
Annual Limit on Immigrant Visas (Permanent Residency)
Per Country Limit – 7% Allocated by:
Priority Date – place in line Preference Category
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Residency Quotas
Employment Based PreferencesFirst Preference (EB-1)
Extraordinary Ability, Outstanding Researcher, Multinational Executive
Second Preference (EB-2) Nat’l Interest Waivers, Advanced Degreed Professionals,
Bachelors plus 5 years exp.Third Preference (EB-3)
Skilled Worker (2+ years experience), Bachelor’s DegreeFor more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Residency Quotas, Where Are We Now?
Vis
a B
ulle
tin fo
r N
ove
mb
er 2
013 Employment
Based
All Charge-ability Areas Except Those
Listed
CHINA- mainland born
INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 08OCT08 15JUN08 C C
3rd 01OCT10 01OCT10 22SEP03 01OCT10 15DEC06
Other Workers* 01OCT10 01OCT10 22SEP03 01OCT10 15DEC06
4th C C C C C
Certain Religious Workers C C C C C
5th Targeted Employment
Areas/Regional
Centers and Pilot
Programs
C C C C C
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based (EB) Permanent Residency
Employer-sponsored or self-sponsored Labor certification or outstanding researcher;
extraordinary or national interest waiver Multiple petitions Multi-Step Process
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based (EB) Permanent Residency: EB-1
Extraordinary Ability/EB-1 (I-140, filing fee $580)
‘Self-Petition’ – no need for employer sponsorFactors Considered in Initial Evaluation
1st authored articles/impact factors Citations to 1st authored work Peer Review/Manuscript Review Work References from independent experts Documentation meeting regulatory Criteria
Preparation/Processing TimesFor more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based: EB-1
Outstanding Researcher/EB-1 (I-140, filing fee $580) Similar to Extraordinary Ability Employer sponsored petition At least 3 Years experience Permanent job offer Qualified Employers:
Academic Institutions Industry
At least 3 FT researchers Recognition in field
(cont’d)
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
EB-1 Two Part Analysis
Introduced in December 2010 Does Petition Contain Evidence of Requisite Number of
Criteria?
‘Final Merits Analysis’ – does evidence demonstrate that beneficiary is one of a very few at the top of the field?
USCIS provides no clear guidelines for applying final merits analysis
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based: EB-2
National Interest Waiver/EB-2 (I-140, filing fee $580)
Self-Petition, no employer sponsor requiredThree Prong Test
Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based: Employer Sponsored
Labor Certification Application (PERM) Employer MUST Pay Costs Recruitment
Special Handling – involves teaching Professional – minimum requirements
Prevailing wage First of 3 steps
2nd Step – I-140 3rd Step – I-485 or IV Consular Process
(cont’d)
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusAdjustment of Status (I-485)
Timing Preference categories/quotas Priority dates Processing times
Concurrent filing (I-140/I-485) I-485 filing fee $1070, includes:
Employment authorization (I-765) Advance parole (I-131)
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusAdjustment of Status (I-485)
Adjustment portability H-1B Extensions
One yearThree years
Spouses
(cont’d)
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Materials
Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Questions?
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
For Further InformationElise A. Fialkowski, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
E-mail: efialkowski@klaskolaw.com
Telephone: 215-825-8600 (Philadelphia)
212-796-8840 (New York)
Offices:Philadelphia New York1800 John F. Kennedy Blvd. 317 Madison AvenueFloor 17 Suite 1518Philadelphia, PA 19103 New York, NY 10017
Klasko, Rulon, Stock & Seltzer, LLP
www.klaskolaw.com
www.eb1immigration.com
www.worksite-compliance.com
www.eb5immigration.com
http://blog.klaskolaw.com
online
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 © 2013 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved.
Copyright © 2013. All rights reserved.
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