permanent residence options for clinicians and researchers h. ronald klasko, esq. klasko, rulon,...

Permanent Residence OptionsPermanent Residence Options forfor Clinicians and Researchers Clinicians and Researchers

H. Ronald Klasko, Esq.Klasko, Rulon, Stock & Seltzer, LLP

Philadelphia New York1800 JFK Blvd., 17th Floor 317 Madison Ave., Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840

rklasko@klaskolaw.com www.klaskolaw.com

Klasko, Rulon, Stock & Seltzer, LLP

H. Ronald Klasko, Esq.

Ron Klasko has 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, which is the first immigration law firm global partner of NAFSA: Association of International Educators, is authorized counsel for the University of Texas system. The firm has been selected as one of six top tier immigration firms in the United States for four 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.

Klasko, Rulon, Stock & Seltzer, LLP

Issues

Employer-sponsored, family-sponsored or self-sponsored

Quotas/timing issues Impact on visa status Impact on family Impact on travel

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Permanent Resident Status

Family Investment Asylum Lottery Employment

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Spouse of U.S. citizenNo quota waitEAD and AP within 3 monthsTravel may result in loss of status unless H-1B

All other relationshipsLong quota waitNo interim benefits

Family

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Investment

$500,000 or $1,000,000 Individual investment or regional center

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Asylum

Individualized fear of persecution Race, religion, nationality, political opinion,

social group, sexual persuasion

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Lottery

Only specified countries One year window www.travel.state.gov Effect of application on future visa applications

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Permanent Resident StatusEmployment

Employer-sponsored or self-sponsored Labor certification or extraordinary/national

interest/exceptional Multiple petitions

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Permanent Resident StatusEmployment (cont’d)

Quotas Visa Bulletin (www.travel.state.gov) Per country of birth, per preference category, per

fiscal year Filing date is “priority date” EB-1 (extraordinary ability, outstanding researcher)

No quota wait

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Permanent Resident StatusEmployment (cont’d)

Quotas EB-2

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

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Permanent Resident StatusEmployment (cont’d)

Self-SponsoredExtraordinary 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

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Permanent Resident StatusEmployment (cont’d)

National Interest Waiver EB-2 Standard

Exceptional ability or advanced degree National priority National impact

Extensive documentation required Reference letters critical

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Permanent Resident StatusEmployment (cont’d)

Employer-SponsoredOutstanding Researcher

EB-1 “Permanent position” Similar to extraordinary ability

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Permanent Resident StatusEmployment (cont’d)

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

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Permanent Resident StatusEmployment (cont’d)

Choosing Referees How many? Good C.V.’s Prestigious institutions Geographical diversity

One per institution

Impartiality

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Permanent Resident StatusEmployment (cont’d)

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

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EB-1 for Clinicians

GeneralWhy more difficult than researchersCan be done for residents?Still need waiver for I-485

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EB-1 for Clinicians

How prove extraordinary ability as a clinician? Rare expertise in sophisticated procedures or

technologies Complicated diagnoses missed by other specialists Unusual success rate Novelty of procedures “Wow” cases Prestige of institution

(cont’d)

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EB-1 for Clinicians

Difficult surgical proceduresPrestigious fellowshipsSignificance of Board certification or “Diplomate”Judge of medical students, residents, or nursesGrand round presentationsHigh salary

(cont’d)

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Special Handling Labor Certification (PERM)

Employer-sponsored Must be “some classroom teaching” Nationwide competitive recruitment

At least one print ad

“Selected” within last 18 months EB-2

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Can apply to attendings and other clinicians if “some classroom teaching” Can be very small percentage Can be teaching of residents in a classroom

Choice if selection more than 18 months ago “Reselection”

One national print ad

Regular recruitment Most qualified standard still applies

Special Handling Labor Certification (PERM)

(cont’d)

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Permanent Resident StatusEmployment (cont’d)

Timing Electronic filing 10 months? Possibility of audit First of three steps Importance of filing before end of 5th year in H-1B

status

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Permanent Resident StatusEmployment (cont’d)

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

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Permanent Resident StatusEmployment (cont’d)

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)

Klasko, Rulon, Stock & Seltzer, LLP

Permanent Resident StatusEmployment (cont’d)

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

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Questions ?Questions ?

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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