Post Student Years: - PowerPoint Presentation

Slide1

Post Student Years: Immigration Options

April 12, 2017

William A. Stock

, Esq.Klasko Immigration Law Partners, LLPPhiladelphia  New Yorkwww.klaskolaw.com Slide2

William A. Stock, Esq.Bill Stock is a founding partner of Klasko Immigration Law Partners, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for nearly 20 years.

Bill is featured in

Chambers Global,

Best Lawyers in America, Pennsylvania Super Lawyers, Who’s Who of Business Lawyers and other guides to prominent attorneys. Bill serves as President of the American Immigration Lawyers Association (AILA), the 14,500 member national organization of immigration lawyers. He has long been active in the association on both a national and state level and has served several terms on the Association’s Board of Governors.  He is also active in NAFSA’s Region VIII and has been a Regulatory Ombudsman for the region on scholar and faculty issues.

Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and has served as an Adjunct Faculty Member at Villanova University School of Law.Slide3

AgendaNon-Immigrant StatusH-1B RequirementsH-1B AlternativesIntroduction to Permanent ResidencyQ&As

For more information, visit

www.klaskolaw.comSlide4

Maintaining Lawful StatusI-94, Arrival / Departure RecordTwo ways to obtain:Port of Entry – requires visaChange or Extension of statusGoverns StatusDenotes classification (F, J, H, O)

Denotes period of staySurrendered upon departure, given up with status

For more information, visit

www.klaskolaw.comSlide5

Maintaining Lawful StatusCrimes and visa cancellationsCan I work / invest / start a company?Transition times / change of status

For more information, visit

www.klaskolaw.com

(cont’d)Slide6

Executive Order – Travel BanSuspends all refugee admission to the U.S. for 120 DaysBans visa issuance or admission to the U.S. on most visa categories for 90 days for citizens of the following countries:Iran

LibyaSomalia

For more information, visit

www.klaskolaw.com

Sudan

Syria

YemenSlide7

Executive Order – Travel BanPermanent Residents exceptedDual citizens – can get visa and enter in passport of unbanned country No longer cancels existing visas Ends visa interview waiver program

Case-by-case waivers available

For more information, visit

www.klaskolaw.com

(cont’d)Slide8

Travel Ban – Temporary Restraining OrderTemporary Restraining Order stops the ban from going into effectOne court has blocked ban, one court refused to blockHeaded to Supreme Court

For more information, visit

www.klaskolaw.comSlide9

Other Possible Executive OrdersExpansion of travel ban or “extreme vetting”End to DACASite visits for all employment-based categoriesRevise practical training program for foreign students

Public benefitsH-4 employment authorizationOther changes

For more information, visit

www.klaskolaw.comSlide10

Post F/J NIV OptionsH-1B VisasH-1B: ‘specialty occupation’ Employer petition on your behalfLegal/filing fees to be paid by employer

Position that normally requires at least a bachelors degree in a related fieldEmployer must agree to pay ‘prevailing wage’

For more information, visit

www.klaskolaw.comSlide11

H-1B VisasPart-time or full-timeLength of approvalExtensionsPortabilityMaximum in H status 6 years totalCAP on number of H-1Bs issued each year

For more information, visit

www.klaskolaw.comSlide12

H-1B QuotaFor more information, visit www.klaskolaw.com

What is it and what does it mean?

20,000 for US awarded advanced degrees

FY 2014–18 gone on April 1-5 (Lottery)FY 2013 gone by June 7, 2012FY 2012 gone by October 19, 2011FY 2011 gone by December 22, 2010 Slide13

H-1B Quota(cont’d)For more information, visit www.klaskolaw.com

65,000 H-1Bs

FY 2014–18 gone on April 1-5 (Lottery)

FY 2013 gone by June 11, 2012FY 2012 gone by November 22, 2011FY 2011 gone by January 26, 2011 Slide14

Avoiding H-1B QuotaExemption based on employerUniversitiesNon-profits affiliated with universitiesIncreased scrutiny of affiliations

Non-profit research organizationsGovernment research organizations

For more information, visit

www.klaskolaw.comSlide15

Avoiding H-1B QuotaExemption based on employeePreviously counted (in last 6 years)Singapore/ChileConcurrent employment

(cont’d)

For more information, visit www.klaskolaw.comSlide16

Adjudications difficultiesSite visitsEmployers less willing to sponsor

For more information, visit www.klaskolaw.com

Future of H-1BSlide17

Greatly increased minimum wagesNo lottery; preference by salary / educationLabor market testsVery difficult to make these changes

For more information, visit www.klaskolaw.com

Future of H-1B (statutory)Slide18

H-1B Alternatives: LsL-1: ‘intracompany transfer’Must have worked for petitioning company overseas for at least one year in the last three years For execs, managers, or special knowledgeSpouse eligible for employment authorizationMaximum 7 years in L status

NOTE: H & L combined – max 7 years

For more information, visit

www.klaskolaw.comSlide19

Alternatives: EsMust be national of treaty country http://www.travel.state.gov/visa Employing company must be owned at least 50% by treaty country nationalsNo quota and can be extended indefinitelySpouse eligible for employment authorization

For more information, visit www.klaskolaw.comSlide20

Alternatives: TNCitizens of Canada and MexicoMust have employer and job offerProfession must be on the NAFTA listApplicant must have qualifications as indicated on NAFTA listMust evidence non-immigrant intentPlans to renegotiate NAFTA

For more information, visit www.klaskolaw.comSlide21

AlternativesI visa – journalists for media outside USO visaArtists with distinction in field; orScientists with extraordinary abilityE-3 – Australians only, similar to H-1BDependent on spouse visa

For more information, visit www.klaskolaw.comSlide22

Permanent Residence 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

For more information, visit www.klaskolaw.comSlide23

Nonimmigrant to ImmigrantF-1 – attend schoolF-1 OPT – start work

H-1B/L-1 – continue working;

max 6 years total in H, 7 in L

H-1B – change employer, continues to count against 6 years maximum (L trickier to change)For more information, visit www.klaskolaw.comSlide24

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.comSlide25

How Do I Apply?Family InvestmentAsylumEmploymentDV Lottery

For more information, visit

www.klaskolaw.comSlide26

Permanent Residence QuotasFor more information, visit www.klaskolaw.com

Annual Limit on Permanent Residency

Per Country Limit – 7%

Allocated by:Priority Date – place in linePreference CategorySlide27

Permanent Residence QuotasEmployment Based Preference Categories:First Preference (EB-1)Extraordinary Ability

Outstanding Researcher Multinational Executive

Second Preference (EB-2)Advanced Degreed Professionals

EquivalentBachelors plus 5 years experienceExceptional AbilityFor more information, visit www.klaskolaw.com

(cont’d)Slide28

Third Preference (EB-3)Skilled Worker (2+ years experience) Bachelor’s DegreeFifth Preference (EB-5)$1 Million Investment in the U.S. that creates at least 10 U.S. jobs

Permanent Residence Quotas

For more information, visit

www.klaskolaw.com(cont’d)Slide29

Permanent Residency Quotas, Where Are We Now?Visa Bulletin for April 2017

Employment

Based

All Charge-ability Areas Except Those

Listed

CHINA- mainland

b

orn

INDIA

MEXICO

PHILIPPINES

1

st

C

C

C

C

C

2

nd

C

01MAR13

22APR09 

C

C

3

rd

C

01MAY14

01JUL05

C

01SEP13

Other Workers*

C

01AUG09

01JUL05

C

01SEP13

4

th

C

C

C

C

C

Certain Religious

Workers

C

C

C

C

C

5

th

Targeted Employment

Areas/Regional

Centers and Pilot

Programs

C

15JUN14

C

C

CSlide30

Considerations in Employment Based ApplicationsEmployer-sponsored or self-sponsoredLabor certification or extraordinary/NIW

Filing multiple under different categories? Multi-Step Process

Department of Labor?USCIS: I-140

USCIS: I-485Non-Immigrant Status?For more information, visit www.klaskolaw.comSlide31

MaterialsPlease visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.

For more information, visit

www.klaskolaw.comSlide32

For more information, visit www.klaskolaw.comSlide33

William A. Stock, Esq.wstock@klaskolaw.com215.825.8600

Klasko Immigration Law Partners, LLP

Philadelphia

 New YorkFor Further InformationSlide34

www.klaskolaw.com www.eb1immigration.com

www.worksite-compliance.com

www.eb5immigration.comhttp://blog.klaskolaw.com

onlineSlide35

DISCLAIMER / COPYRIGHT NOTICEThe 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 © 2017 Klasko Immigration Law Partners, LLP.All rights reserved.

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