Immigration Immigration Opportunities Opportunities
for Clinicians andPost Doctoral Researchers
Klasko, Rulon, Stock & Seltzer, LLP
Suzanne B. SeltzerKate Kalmykov
Philadelphia - New York
Immigration OpportunitiesAgenda
J-1 Waivers The O-1 Visa Permanent Residence Status Q&As
J-1 Visa Who is subject to 2-year return?
Exchange Visitor Skills List Right Skill? Right List?
Government Funding U.S. or Home Country Direct or Indirect
Graduate Medical Training
What Does it Mean to be Subject? Ineligible for Certain Visas
H-1B L-1 K
Ineligible to apply for final step of Green Card I-485 IV Consular Processing But may commence initial steps…
If Subject, are there Options? Return home
Where is home? Aggregating trips
Apply for a Waiver Obtain an O-1 Visa
Requires an employer willing to sponsor Must Demonstrate “Outstanding” in field
J-1 Waiver OptionsWaiver options
HardshipPersecutionNo objection waiver (researchers only)
J-1 Waiver OptionsFederal government agency waiver
National Science FoundationDepartment of EnergyHealth & Human Services U.S. Dep’t of Veteran’s Affairs Appalachian Regional CommissionDelta Regional Authority waiver
State 30 waiver (clinical only)
O-1 Alien of Extraordinary Ability Factors Considered in Initial
Evaluation 1st authored articles/impact factors Citations to 1st authored work Conference presentations Book Chapters/review articles Peer reviewer/manuscript reviewer
O-1 (cont’d) What’s Included in the Petition
Reference letters Independent referees Addressing O-1 criteria
Corroborating Documentation Processing time/issues Length of approval Extensions
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
Immigrant vs. Non-Immigrant Visas
Immigrant Visa Green Card/Permanent Residency
Non-Immigrant Visa (NIV) H, F, J, O, etc Limited duration Specific to employer/institution Specific to purpose (work/study/tourism)
Permanent Residency Quotas
Annual Limit on Permanent Residency Per Country Limit – 7% Allocated by:
Priority Date – place in line Preference Category
How Do I Apply?
Family Investment Asylum Employment DV Lottery
Permanent Residency Quotas Employment Based Preferences
First 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
Degree
Permanent Residency Quotas, Where Are We Now?Visa Bulletin for March 2010
All Chargeability Areas Except Those Listed
CHINA-mainland born
INDIA MEXICOPHILIPP-INES
EmploymentBased
1st C C C C C
2nd C 08JUL05 01FEB05 C C
3rd 15DEC02 15DEC02 01JUL01 01JUL02 15DEC02
Permanent Residency Quotas,Where are We Now? “Oversubscribed” versus “Available”
Available if: Visa Bulletin indicates “C” = current Priority date earlier than posted date
Best Case Scenario for FY2010 EB-2
China – October 2005 India – February/March 2005
EB-1 – expected to remain current
Employment Based (EB) Permanent Residency
Employer-sponsored or self-sponsored Labor certification or
extraordinary/national interest/exceptional Multiple petitions Multi-Step Process Non-Immigrant Status?
Employment Based (EB) Permanent Residency: Self-PetitionsExtraordinary Ability/EB-1 (I-140, filing fee $475)
“One of a Few at the Top” Factors Considered in Initial Evaluation
1st authored articles/impact factors Citations to 1st authored work Conference Presentations Peer Review/Manuscript Review Work References from independent Experts Documenting Regulatory Criteria
Preparation/Processing Times
I-140 Self-Petitions (cont’d)National Interest Waiver/EB-2 (I-140, filing fee
$475) Three Prong Test
Field is of Substantial Intrinsic Merit National Impact of Your Contributions You Are “Substantially Better” Than Your Peers
Preparation/Processing Times
Employment Based: Employer Sponsored
Outstanding Researcher/EB-1 (I-140, filing fee $475) Similar to Extraordinary Ability At least 3 Years experience Permanent job offer Qualified Employers:
Academic Institutions Industry
at least 3 FT researchers Recognition in field
Employment Based: Employer Sponsored
Labor Certification Application (PERM) Employer MUST Pay Costs Recruitment Prevailing wage Timing First of 3 steps
2nd Step – I-140 3rd Step – I-485 or IV Consular Process
No filing fee for this step
(cont’d)
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 $1010, includes:
Employment authorization (I-765) Advance parole (I-131)
Permanent Resident StatusAdjustment of Status (I-485)
Adjustment portability H-1B Extensions
One Year Three years
Spouses
(cont’d)
Issues Relating to NIV Status During Permanent Residency Process
Travel Extensions of Status Dependents Eligibility for OPT
Questions?
Contact InformationSuzanne B. Seltzer, Esq.Kate Kalmykov, Esq.
Telephone: 212-796-8840 Fax: 212-297-1799 Email:
[email protected] [email protected]
Websites: www.klaskolaw.com http://blog.klaskolaw.com www.eb5immigration.com www.worksite-compliance.com