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:

sseltzer@klaskolaw.com kkalmykov@klaskolaw.com

Websites: www.klaskolaw.com http://blog.klaskolaw.com www.eb5immigration.com www.worksite-compliance.com