u.s. immigration options for the canadian mba options for employment thursday, february 12, 2015 h....
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U.S. Immigration OptionsU.S. Immigration Optionsfor the Canadian MBA
Options for EmploymentThursday, February 12, 2015
H. Ronald Klasko, Esq.
Klasko Immigration Law Partners, LLPPhiladelphia New York Chicago
www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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 Corporate Immigration Law edition selected Ron as one of the three “most highly regarded” immigration lawyers in the world from 2007 to 2013. 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
OPT
12 months
Usually best to use it
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
TN-1
NAFTA list of occupations Occupations related to MBA Special category: management consultant Advantages of TN-1
Speed of processing No quota No limit
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
TN-1
Disadvantage of TN-1 No dual intent
Procedure: At point of entry At USCIS
Choosing venue Length of approval and extensions Spouses
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
H-1B
Basic requirements Procedure and processing time Length of approval and extensions Quota and exemptions Advantages of H-1B
Portability Dual intent
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
H-1B
Disadvantages of H-1B More complicated and expensive Employer liabilities Prevailing wage requirement
Spouses
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
E-2 Treaty Investor
Must be employed by company > 50% Canadian owned
Company (or individual Canadian citizen) must make substantial investment
Executive, supervisor or essential skill employee Apply directly at U.S. Consulate Length of visa Length of admission
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
E-2 Treaty Investor
Advantages No limit on extensions Spouse can work
Disadvantage No dual intent
(cont’d)
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
L-1 Intracompany Transferee
Must have been employed by parent, subsidiary or affiliate company outside U.S. for 1 year
Executive, manager or specialized knowledge employee
Can apply at port of entry Length of admission 5 or 7 year limit
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
L-1 Intracompany Transferee
Advantages Dual intent Spouse can work
Disadvantage Restrictive interpretations
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
Options for Entrepreneurs
F-1 Starting business while a student Starting business on OPT
TN-1 Is there an employer? What is the occupation?
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Options for Entrepreneurs H-1B
Must be W-2 employee Company must control employee Issues
Specialty occupation Prevailing wage Financial ability to pay salary Real job to be done
Need for business planFor more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
Options for Entrepreneurs
E-2 Substantial investment Investor or employee Need for business plan
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
Options for Entrepreneurs
L-1 1 year start up visa Issues
Employees Capitalization Need for “manager” Place of business
Need for business plan
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
Permanent Residence
Employment Labor certification application (PERM) Multinational manager Extraordinary ability/national interest waiver
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Residence
Entrepreneurial EB-5 Extraordinary ability/national interest waiver
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
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
H. Ronald Klasko, Esq.
215.825.8600
Klasko Immigration Law Partners, LLP
Philadelphia New York Chicago
For Further Information
Klasko Immigration Law Partners, LLP
www.klaskolaw.com
www.eb1immigration.com
www.worksite-compliance.com
www.eb5immigration.com
http://blog.klaskolaw.com
online
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 immigration-related guidance is needed.
Copyright © 2015 Klasko Immigration Law Partners, LLP. All rights reserved.
Copyright © 2015. All rights reserved.