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Employment Workshop for International Students, Scholars, and Spouses Thursday, February 25, 2016 Lisa T. Employment Workshop for International Students, Scholars, and Spouses Thursday, February 25, 2016 Lisa T. Felix, Esq. Klasko Immigration Law Partners, LLP Philadelphia New York Chicago www. klaskolaw. com

Lisa T. Felix, Esq. Lisa Felix represents corporate and educational clients who seek to Lisa T. Felix, Esq. Lisa Felix represents corporate and educational clients who seek to hire or transfer foreign employees, as well as foreign individuals seeking employment in the United States. She advises employers on immigration compliance, responding to government investigations, and immigration strategy and planning. Before practicing as an attorney, Lisa worked extensively in higher education, providing immigration services to students, faculty, researchers, and administrators at the University of Pennsylvania, the State University of New York at Buffalo, and at Southern Illinois University–Carbondale’s branch campus in Niigata, Japan. Lisa is an active member of the American Immigration Lawyers Association, where she has served as co-chair of the AILA Philadelphia Chapter's Pro Bono Committee, and on the organizing committee of the chapter’s annual conference. Lisa is a returning member of NAFSA: Association of International Educators. Lisa is a 2005 graduate of Temple University’s Beasley School of Law. Klasko Immigration Law Partners, LLP

Immigration Options for Scholars and Researchers Agenda H-1 B Visas and Quota J-1 Visas Immigration Options for Scholars and Researchers Agenda H-1 B Visas and Quota J-1 Visas and Waivers O-1 Visas Permanent Residence Status Q&As For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

H-1 B Visas Basic requirements q q Job Offer Prevailing Wage Bachelors or higher H-1 B Visas Basic requirements q q 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 For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

H-1 B Quota What is it, and what does it mean? Separate quota for H-1 B 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 q April 1 filing date q October 1 start date For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Quota-Exempt Employment Who is not subject to the quota? q Universities q Nonprofit institutions Quota-Exempt Employment Who is not subject to the quota? q Universities q Nonprofit institutions affiliated with universities q Employed “at” university q Nonprofit or government research organization q Concurrent employment q Previous H-1 B For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

H-1 B Extensions Beyond 6 Years Recapture time out of U. S. 1 year H-1 B 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. eb 1 immigration. com Klasko Immigration Law Partners, LLP

J-1 Visas Who is subject to 2 -year return? What does it mean to J-1 Visas Who is subject to 2 -year return? What does it mean to be subject? Options if subject: q Return home Where is home? Aggregating trips? q O-1 q Waiver For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Avoiding Need for J-1 Waiver Medical Researchers q Who decides if 2 year return Avoiding Need for J-1 Waiver Medical Researchers q Who decides if 2 year return requirement? CIS – not DOS Visa, DS 2019, advisory opinion not determinative q Only subject if Skills list Government financing Graduate medical education or training For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Avoiding Need for J-1 Waiver (cont’d) q Skills list advocacy Country of citizenship or Avoiding Need for J-1 Waiver (cont’d) q Skills list advocacy Country of citizenship or country of last residence q Country of last residence vs. country of last permanent residence Proving different skills list category Effect of new country of citizenship For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Avoiding Need for J-1 Waiver (cont’d) q Government financing advocacy Must be during J Avoiding Need for J-1 Waiver (cont’d) q Government financing advocacy Must be during J status Indirect government financing Funds earmarked for exchange program For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Visa Options Without Needing Waiver Anything other than H or L visa or change Visa Options Without Needing Waiver Anything other than H or L visa or change of status q O-1, TN-1, E-3 ok q Change of status from F-1 (or other) to H-1 B ok q Labor certification and I-140 can be approved DS 230 immigrant visa application can be filed I-485 cannot be filed For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Fulfilling Two-Year Return Requirement Return to country of nationality or last residence? Can fulfill Fulfilling Two-Year Return Requirement Return to country of nationality or last residence? Can fulfill sequentially For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

J-1 Waiver Options No objection statement Exceptional hardship Persecution Interested government agency For more J-1 Waiver Options No objection statement Exceptional hardship Persecution Interested government agency For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

No Objection Statement Researchers only Usually not helpful if U. S. or international organization No Objection Statement Researchers only Usually not helpful if U. S. or international organization funding Quickest and easiest waiver Attitudes of different countries For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Exceptional Hardship Waiver Hardship to U. S. citizen or LPR spouse or child Hardship Exceptional Hardship Waiver Hardship to U. S. citizen or LPR spouse or child Hardship must be “exceptional” Very difficult For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Persecution Waiver Individualized persecution Similar to asylum For more information, visit www. eb 1 Persecution Waiver Individualized persecution Similar to asylum For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Interested Government Agency Waivers Research track q Usually through HHS q Peer review process Interested Government Agency Waivers Research track q Usually through HHS q Peer review process – unlike CIS filings For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

HHS Waivers Key Issues q Importance of research program Does not have to be HHS Waivers Key Issues q Importance of research program Does not have to be NIH funded q Essentiality and uniqueness of foreign national Recruitment (unavailability of U. S. researchers) q Future of program and future of foreign national q Bench research (at least 30 hours per week) vs. clinical research q Excellence of foreign national’s research For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

HHS Waivers (cont’d) Other Issues q Involvement of NIH scientists familiar with the research HHS Waivers (cont’d) Other Issues q Involvement of NIH scientists familiar with the research q Impact of Fulbright funding q Timing For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Other Medical Research Waivers Usually limited to agency contracts, grants or research programs Examples Other Medical Research Waivers Usually limited to agency contracts, grants or research programs Examples include NSF, DOD, NASA, DOE and DOI For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Obtain an O-1 Visa Requires an employer willing to sponsor Must Demonstrate “Outstanding” in Obtain an O-1 Visa Requires an employer willing to sponsor Must Demonstrate “Outstanding” in field Does not ‘waive’ the two years, just puts it off for awhile For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

O-1 Alien of Extraordinary Ability Factors Considered in Initial Evaluation q 1 st authored O-1 Alien of Extraordinary Ability Factors Considered in Initial Evaluation q 1 st authored articles/impact factors q Citations to 1 st authored work q Conference presentations q Book chapters / review articles q Peer reviewer / manuscript reviewer For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

O-1 What’s included in the petition q Reference letters Independent referees Addressing O-1 criteria O-1 What’s included in the petition q Reference letters Independent referees Addressing O-1 criteria q Corroborating (cont’d) documentation Processing time/issues Length of approval Extensions Spouses For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Family Investment Asylum Lottery Employment For more information, visit www. eb Permanent Resident Status Family Investment Asylum Lottery Employment For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Family Spouse of U. S. citizen q No quota wait q EAD and AP Family Spouse of U. S. citizen q No quota wait q EAD and AP within 3 months q Travel may result in loss of status unless H-1 B All other relationships q Long quota wait q No interim benefits For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Investment $500, 000 or $1, 000 Individual investment or regional center For more information, Investment $500, 000 or $1, 000 Individual investment or regional center For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion Asylum Individualized fear of persecution Race, religion, nationality, political opinion, social group, sexual persuasion For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Lottery Only specified countries One year window www. travel. state. gov Effect of application Lottery Only specified countries One year window www. travel. state. gov Effect of application on future visa applications For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Permanent Resident Status Employment Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Quotas q Visa (cont’d) Bulletin (www. travel. state. gov) q Permanent Resident Status Employment Quotas q Visa (cont’d) Bulletin (www. travel. state. gov) q Per country of birth, per preference category, per fiscal year q Filing date is “priority date” q EB-1 (extraordinary ability, outstanding researcher) No quota wait For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Quotas (cont’d) q EB-2 National interest waiver Labor certification requiring Permanent Resident Status Employment Quotas (cont’d) q EB-2 National interest waiver Labor certification requiring q q q Masters degree Bachelors degree plus 5 years progressive experience, or Exceptional ability No quota wait, except China and India q EB-3 Labor certification requiring bachelors or 2 years experience Long quota wait for all countries For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Residency Quotas, Where Are We Now? Visa Bulletin for March 2016 Employment Based Permanent Residency Quotas, Where Are We Now? Visa Bulletin for March 2016 Employment Based All Chargeability Areas CHINA- Except Those mainland born Listed INDIA MEXICO PHILIPPINES 1 st C C C 2 nd C 01 AUG 12 15 OCT 08 C C 3 rd 01 JAN 16 01 JUN 13 15 JUL 04 01 JAN 16 15 MAR 08 Other Workers* 01 JAN 16 01 FEB 07 15 JUL 04 01 JAN 16 15 MAR 08 4 th C C Certain Religious Workers C C C 22 JAN 14 C C C 5 th Targeted Employment Areas/Regional Centers and Pilot Programs Klasko Immigration Law Partners, LLP

Permanent Residency Quotas, Where Are We Now? “Oversubscribed” versus “Available” q Oversubscribed if: Cut-off Permanent Residency Quotas, Where Are We Now? “Oversubscribed” versus “Available” q Oversubscribed if: Cut-off date indicated in chart Priority date must be earlier than posted date q Available if: Visa Bulletin indicates “C” = current For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Residency Quotas Predictions from DOS for FY 2013 q EB-1 usage is extremely Permanent Residency Quotas Predictions from DOS for FY 2013 q EB-1 usage is extremely high, so numbers are not dropping down into EB-2 q EB-2 India will remain in 2006 for some time q EB-2 worldwide may ‘retrogress’ towards the end of FY 2013 q EB-3 will continue to move forward slowly For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Self-Sponsored q Extraordinary EB-1 Standard ability National or international reputation Permanent Resident Status Employment Self-Sponsored q Extraordinary EB-1 Standard ability National or international reputation q “One of few at the top of peers” q Key is defining field of expertise specifically q Extensive documentation required Reference letters critical For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP (cont’d)

Permanent Resident Status Employment q National Interest Waiver EB-2 Standard Exceptional ability or advanced Permanent Resident Status Employment q National Interest Waiver EB-2 Standard Exceptional ability or advanced degree q National priority q National impact q Extensive documentation required Reference letters critical For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP (cont’d)

Permanent Resident Status Employment (cont’d) Employer-Sponsored q Outstanding Researcher EB-1 “Permanent position” Similar to Permanent Resident Status Employment (cont’d) Employer-Sponsored q Outstanding Researcher EB-1 “Permanent position” Similar to extraordinary ability For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Evaluating Eligibility (cont’d) CV Evaluation q 1 st listed author Permanent Resident Status Employment Evaluating Eligibility (cont’d) CV Evaluation q 1 st listed author publications In process; submitted; accepted; published; cited q Impact factor? q Citations Footnote Text q Presentations 1 st listed abstracts Oral vs. poster For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP q Book chapters q Honors and awards q Manuscript reviewer q Media

Permanent Resident Status Employment Evaluating Eligibility Evaluation Outside of CV q Importance/narrowness of field Permanent Resident Status Employment Evaluating Eligibility Evaluation Outside of CV q Importance/narrowness of field of expertise q Ability to explain importance q Significant contributions to field First, only, best, new discovery? Impact on field and other researchers New? Old? Sustained? q Referees For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP (cont’d)

Permanent Resident Status Employment Choosing Referees q How many? q Good C. V. ’s Permanent Resident Status Employment Choosing Referees q How many? q Good C. V. ’s q Prestigious institutions q Geographical diversity One per institution q Impartiality For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP (cont’d)

Permanent Resident Status Employment Other Factors q Not a peer review process q Importance Permanent Resident Status Employment Other Factors q Not a peer review process q Importance of job title? q Importance of employer sponsorship? q File now, or wait? q Choice of attorney For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP (cont’d)

New EB-1 Guidance (Kazarian) Issued December 2010 Establishes Two-Part Analysis of EB-1 q Does New EB-1 Guidance (Kazarian) Issued December 2010 Establishes Two-Part Analysis of EB-1 q Does petition contain evidence of requisite number of criteria? q ‘Final Merits Analysis’ – does evidence demonstrate that beneficiary is one of a very few at the top of the field? For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

New EB-1 Guidance (cont’d) Implications of Two Part Analysis q ‘Final merits analysis’ is New EB-1 Guidance (cont’d) Implications of Two Part Analysis q ‘Final merits analysis’ is an opportunity to second guess the criteria – more subjective adjudication q USCIS provides no clear guidelines for applying final merits analysis q Confusion among adjudicators as to the correct standards to apply For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment (cont’d) Labor Certification Application (PERM) q Employer Sponsored q Recruitment Permanent Resident Status Employment (cont’d) Labor Certification Application (PERM) q Employer Sponsored q Recruitment q Prevailing wage q Legal issues q Timing q First of 3 steps For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Timing q Electronic (cont’d) filing q Timing varies q Possibility Permanent Resident Status Employment Timing q Electronic (cont’d) filing q Timing varies q Possibility of audit q First of three steps q Importance of filing before end of 5 th year in H-1 B status For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment I-140 Petition (cont’d) q 1 st step for EB-1 and Permanent Resident Status Employment I-140 Petition (cont’d) q 1 st step for EB-1 and national interest waiver q 2 nd step for PERM Employee documents education and experience q If adjustment of status, file concurrently with I-485 if quota current q If consular immigrant visa processing, approval sent to National Visa Center For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment (cont’d) I-485 (Application for Adjustment of Status to Permanent Resident) Permanent Resident Status Employment (cont’d) I-485 (Application for Adjustment of Status to Permanent Resident) q Cannot file until quota is current q 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. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Permanent Resident Status Employment Can get advance parole travel document Eliminate need to obtain Permanent Resident Status Employment Can get advance parole travel document Eliminate need to obtain visas q Can still maintain and extend H-1 B status q Can leave employer if I-140 approved q I-485 pending 180 days q Similar occupation q Permanent resident upon approval Timing and delay issues For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP (cont’d)

Materials Please visit www. klaskolaw. com to download this Power. Point presentation and relevant Materials Please visit www. klaskolaw. com to download this Power. Point presentation and relevant articles. For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

Questions? For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, Questions? For more information, visit www. eb 1 immigration. com Klasko Immigration Law Partners, LLP

For Further Information Lisa T. Felix, Esq. lfelix@klaskolaw. com 215. 825. 8600 Klasko Immigration For Further Information Lisa T. Felix, Esq. lfelix@klaskolaw. com 215. 825. 8600 Klasko Immigration Law Partners, LLP Philadelphia New York Chicago Klasko Immigration Law Partners, LLP

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DISCLAIMER / COPYRIGHT NOTICE The materials contained in this Power. Point does not constitute DISCLAIMER / COPYRIGHT NOTICE The materials contained in this Power. Point 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 © 2016 Klasko Immigration Law Partners, LLP. All rights reserved. Klasko Immigration Law Partners, LLP Copyright © 2016. All rights reserved.