Immigration Opportunities for Post Doctoral Researchers

Immigration Opportunities for

Post Doctoral Researchers

Suzanne B. SeltzerKate Kalmykov

Klasko, Rulon, Stock & Seltzer, LLPPhiladelphia - New York

Klasko, Rulon, Stock & Seltzer, LLP

Immigration OpportunitiesAgenda

H-1B Quotas J-1 Waivers The O-1 Visa Permanent Residence Status Q&A’s


H-1B Quota What is it and what does it mean? Who is not subject to the quota?

Universities Nonprofit institutions affiliated with universities Employed “at” university Nonprofit or government research organization Previous H-1B under cap Concurrent employment

Cap Exempt to Cap Subject


J-1 Visa Who is subject to 2-year return?

Exchange Visitor Skills List Government Funding

U.S. or Home Country Direct or Indirect (i.e. – International

Organization that receives U.S. or home country funding)

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, What are the 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 Options

Waiver options Hardship Persecution No objection waiver Federal government agency waiver

Health & Human Services National Science Foundation Department of Energy


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)

Included in the Petition Supporting Documentation Reference letters

Independent referees Addressing O-1 criteria

Processing time/issues Length of approval Extensions


Permanent Residency/Green Card 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


How Do I Apply?

Family Investment Asylum Employment


Employment Based (EB) Permanent Residency

Employer-sponsored or self-sponsored Labor certification or extraordinary/national

interest/exceptional Multiple petitions Multi-Step Process

I-140 – establishing eligibility I-485 – register for permanent residency


Permanent Resident Quotas

Annual Limit on Permanent Residency Per Country Limit – 7% Allocated by:

Priority Date – place in line Preference Category


Permanent Resident Quotas

Employment Based Preferences First Preference (EB-1)

Extraordinary Ability, Outstanding Researcher Second Preference (EB-2)

Nat’l Interest Waivers, Advanced Degree Professionals, Bachelor’s plus 5 years exp.


Permanent Resident Quotas,How to Determine if Current

Visa Bulletin http://travel.state.gov/visa/frvi/bulletin/bulletin_136

0.html “Oversubscribed” versus “Available”

Available if: Visa Bulletin indicates “C” = current Priority date earlier than posted date


Employment Based (EB) Permanent Residency: Self-PetitionsExtraordinary Ability (I-140 Petition)

EB-1 Initial Evaluation Similar to O-1 Documentation/Reference Letters Similar to O-1 Slightly Higher Standard


Employment Based (EB) Permanent Residency: Self-PetitionsNational Interest Waiver (I-140 Petition)

EB-2 Three Prong Test

Substantial Intrinsic Merit National in Scope Substantially Better than Peers


Employment Based (EB) Permanent Residency: Employer-Sponsored Outstanding Researcher (I-140)

EB-1 Evaluation/Documentation Similar to O-1 Three Years Experience in Academic Field

If gained during studies, research must have been recognized as “outstanding”

“Permanent” or Tenure Track Job Offer Employer – Academia or Industry

If industry, must have 3 FT researchers If industry, must document accomplishments


Employment Based (EB) Permanent Residency: Employer-Sponsored PERM

EB-2, as long as job requires advanced degree Employer MUST Pay Costs Test of Job Market – Extensive Recruitment Minimum Requirements for Position Prevailing Wage from Department of Labor Filed with Department of Labor First of 3 steps (precedes I-140/I-485)


Permanent Resident StatusAdjustment of Status (I-485) Timing

Preference categories/quotas Priority dates Processing times

Concurrent filing (I-140/I-485) Employment Authorization Document (EAD) Advance Parole (AP) Adjustment portability


Questions

Any Questions?


Contact Information

Suzanne B. Seltzer, Esq. Telephone: 212-796-8846 Fax: 212-297-1799 Email: [email protected] http://www.klaskolaw.com/information-for-individuals.php

Kate Kalmykov, Esq. Telephone: 212-796-8856 Fax: 212-297-1799 Email: [email protected] http://www.klaskolaw.com/information-for-individuals.php

Documents

Immigration Opportunities for Post Doctoral Researchers