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Lisa T. Felix, Esq. | Michelle T. Kobler, Esq.
Klasko Immigration Law Partners, LLP
Philadelphia New York Chicago
Immigration Optionsfor Scholars and Researchers
Thursday, Apr i l 9 , 2015
Klasko Immigration Law Partners, LLP
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.
Lisa T. Felix, Esq.
Klasko Immigration Law Partners, LLP
Michelle T. Kobler, Esq.
Michelle Kobler is an Associate in the Firm’s Philadelphia office, and focuses her practice on both employment-based and family-based immigration.
A graduate of Wellesley College (B.A., 2006), Michelle received her law degree from the George Washington University Law School (J.D., with Honors, 2011). Michelle is currently admitted to practice in New York and Massachusetts and is a member of the American Immigration Lawyers Association. She has experience representing clients before Immigration Court and the Citizenship and Immigration Services.
Klasko Immigration Law Partners, LLP
Immigration Options for Scholars and Researchers
Agenda Nonimmigrant vs. Immigrant Nonimmigrant:
H-1B Visas and Quota J-1 Visas and Waivers O-1 Visas Others
Permanent Residence Q&As
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Immigrant vs. Nonimmigrant Visas
Immigrant VisaGreen Card/Permanent Residency
Nonimmigrant Visa (NIV)H, F, J, O, etc.Limited durationSpecific to employer/institutionSpecific to purpose (work/study/tourism)May need to establish “non-immigrant” intent
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Common Nonimmigrantto Immigrant Progression
F-1 – attend school
F-1 OPT – start work
H-1B – continue working; Cap subject? Cap exempt?
H-1B – change employer? 6 years maximum in H status
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Nonimmigrant to ImmigrantH-1B – change employer, requires new petition
may start working under ‘H-1B portability’
4th Year H-1B status – start thinking about LPR
Maintain NIV status until LPR
6 years in H-1B, other options? Eligible to file adjustment of status?
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
H-1B Visas Basic requirements
Job Offer Prevailing Wage Bachelors or higher degree Specialty occupation
Procedure and processing times – Start with ISSS Specialty occupation issues Part-time or full-time Length of approval Extensions Portability Spouses Travel
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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 Timing
April 1 filing date October 1 start date
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Quota-Exempt Employment
Who is not subject to the quota?UniversitiesNonprofit institutions affiliated with universitiesEmployed “at” universityNonprofit or government research organizationConcurrent employmentPrevious H-1B
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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 visa Waiver
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Avoiding Need for J-1 Waiver Researchers
Who decides if 2 year return requirement? CIS – not DOS Visa, DS 2019, advisory opinion not determinative
Only subject if Skills list Government financing Graduate medical education or training
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Avoiding Need for J-1 Waiver
Skills list advocacy Country of citizenship or country of last residence
Country of last residence vs. country of last permanent residence
Proving different skills list category Effect of new country of citizenship
(cont’d)
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Avoiding Need for J-1 Waiver
Government financing advocacy Must be during J status Indirect government financing Funds earmarked for exchange program
For more information, visit www.klaskolaw.com
(cont’d)
Klasko Immigration Law Partners, LLP
Visa Options Without Needing Waiver
Anything other than H or L visa or change of statusO-1, TN-1, E-3 okChange of status from F-1 (or other) to H-1B okLabor certification and I-140 can be approved
DS230 can be filed I-485 cannot be filed (except clinical NIW)
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Fulfilling Two-Year Return Requirement
Return to country of nationality or last residence? Can fulfill sequentially
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
J-1 Waiver Options
No objection statement Exceptional hardship Persecution Interested government agency
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Nonimmigrant Option:O-1 Visa
Extraordinary Ability Factors Considered in Initial Evaluation
1st authored articles / presentationsCitationsBook chapters / review articlesPeer reviewer / manuscript reviewer
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Other Nonimmigrant Employment Options
B-1/B-2 (Visitor for Business/Pleasure) TN (Canada/Mexico) L-1 (Intracompany Transferee) E-1/E-2 (Treaty Trader/Investor) E-3 (Australia)
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
What is Permanent Residency?
Authorization to Live & Work Indefinitely in the United States
“Immigrant Visa” The “Green Card” Not always ‘forever’ – may be abandoned or
taken away
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Application Pathwaysfor Permanent Residency
Family Investment Asylum Employment DV Lottery
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Residency Quotas
Annual Limit on Immigrant Visas (Permanent Residency)
Per Country Limit – 7% Allocated by:
Priority Date – place in line Preference Category
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
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
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Investment
$500,000 or $1,000,000 Individual investment or regional center
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Asylum
Individualized fear of persecution Race, religion, nationality, political opinion,
social group, sexual persuasion
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Lottery
Only specified countries One year window www.travel.state.gov Effect of application on future visa applications
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Resident StatusEmployment
Employer-sponsored or self-sponsored Labor certification or
extraordinary/national interest/exceptional Multiple petitions
For more information, visit www.klaskolaw.com
Klasko Immigration Law Partners, LLP
Permanent Residency Quotas Employment Based Preferences
First Preference (EB-1) Extraordinary Ability, Outstanding Researcher, Multinational
Executive Second Preference (EB-2)
Nat’l Interest Waivers, Labor Certification for Advanced Degreed Professionals, Bachelors plus 5 years exp.
Third Preference (EB-3) Skilled Worker (2+ years experience), Labor Certification for
Bachelor’s Degree
For more information, visit www.eb1immigration.com
Klasko Immigration Law Partners, LLP
Permanent Resident StatusEmployment
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
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
Questions?
Klasko Immigration Law Partners, LLP
Lisa T. Felix, Esq.215.825.8612
Michelle T. Kobler, Esq.215.825.8606
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.