immigration options for scholars and researchers wednesday, october 8, 2008

Immigration OptionsImmigration Options for Scholars and Researchers

Wednesday, October 8, 2008

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

[email protected] www.klaskolaw.com

mailto:[email protected]

Klasko, Rulon, Stock & Seltzer, LLP

H. Ronald Klasko, Esq.

Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP, the first immigration law firm global partner of NAFSA: Association of International Educators. He has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals 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 recipients 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 and 2008 editions 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 and Lehigh University (magna cum laude 1971).

http://www.klaskolaw.com/our-team.php?action=view&id=1


Hot Topics in Immigration LawAgenda

Current Issues in H-1B Visas Current Issues in J-1 Visas Current Issues in O-1 Visas Permanent Residence Status Travel Issues Q&As

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H-1B Visas Basic requirements

Job Offer Prevailing Wage Bachelors or higher degree Specialty occupation

Procedure and processing times Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Spouses Travel



H-1B Quota What is it, and what does it mean? Separate quota for US-educated advanced

degree holders Separate options for Canada, Mexico, Australia,

Chile and Singapore Prospects for change Timing

April 1 filing date October 1 start date



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



Quota-Exempt Employment

Who is not subject to the quota?UniversitiesNonprofit institutions affiliated with universitiesEmployed “at” universityNonprofit or government research organizationConcurrent employmentPrevious H-1B



Travel and Status Issues for H-1B Approvals

Change of status vs. consular visa issuance Travel after April 1 Maintaining status until October 1



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



J-1 Visas (cont’d)

Waiver options No objection waiver HardshipPersecutionFederal government agency waiver



O-1 Visas Employer sponsored Standards Documentation Reference letters Processing time/issues Length of approval Extensions Spouses



Permanent Resident Status

Family Investment Asylum Employment



Permanent Resident StatusEmployment

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

interest/exceptional Multiple petitions



Permanent Resident StatusEmployment (cont’d)

Extraordinary ability/Outstanding Researcher EB-1 Standards Documentation Reference letters

National Interest Waiver EB-2 Standards



Permanent Resident StatusEmployment (cont’d)

Labor Certification Application (PERM) Employer Sponsored Recruitment Prevailing wage Legal issues Timing First of 3 steps



Permanent Resident StatusAdjustment of Status (I-485)

Timing Preference categories/quotas Priority dates Processing times

Concurrent filing (I-140/I-485) Employment authorization Advance parole



Permanent Resident StatusAdjustment of Status (I-485) (cont’d)

Adjustment portability H-1B Extensions

One Year Three years

Spouses



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 ?


For Further Information

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

[email protected]

215-825-8600 (Philadelphia)

212-796-8840 (New York)

www.klaskolaw.com

mailto:[email protected]

immigration options for scholars and researchers wednesday, october 8, 2008

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