Fundamentals of
Immigration Law
William A. Stock, Esq. Klasko, Rulon, Stock and Seltzer, LLP
1800 JFK Blvd. Suite 1700 Philadelphia, PA 19103 215.825.8600 wstock@klaskolaw.com 317 Madison Ave. Suite 1518 New York, NY 10017 212.796.8840 www.klaskolaw.com
William A. Stock, Esq.
William A. Stock is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to leading universities, research institutions, hospitals, multinational corporations, and individuals for nearly 15 years. Bill is featured in The Chambers Global Guide, The Best Lawyers in America, and other guides to prominent attorneys. He is active in the American Immigration Lawyers Association on a national level, and in 2000 he received AILA’s Joseph Minsky Award, given to the lawyer under age 35 who has made the most outstanding contributions to the field of immigration law. Bill is a graduate of the University of Minnesota Law School and is a frequent author and lecturer on business-related immigration topics and currently is an Adjunct Faculty Member at Villanova University School of Law.
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Introduction
Key Concepts Employment-Based Nonimmigrant Procedures and Categories
Recruiting and Retaining Physicians
Employment-Based Immigrant Procedures and Categories Recruitment Questions About Immigration Status
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Nonimmigrant Concepts and Procedures
Key Distinctions
Citizen vs. Foreign National Immigrant vs. Nonimmigrant “Visa” vs. “Status”
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Key Distinction #1
Citizen vs. Foreign National
All
Noncitizens are subject to immigration law (including exclusion and deportation for violations of the law), whether on a temporary visa or admitted for permanent residence Immigration law treats all non-U.S. citizens the same (mostly)
U.S.
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Key Distinction #2
Immigrants vs. Nonimmigrants
Immigrants/Permanent Residents are allowed to live and work in the United States without restriction Law Presumes “Immigrant Intent” of All Noncitizens (unless they can prove qualification for a nonimmigrant category)
Nonimmigrants are admitted for a specific, temporary purpose enumerated in the Immigration and Nationality Act
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Nonimmigrant Concepts and Procedures (continued)
Basic Procedures
Employer Visa Petition Employee Visa Application Change of Status Extension of Status Adjustment of Status
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Employment-Based Nonimmigrant Categories
Visitors (B) Students (F) Professional Workers (H-1B) Exchange Visitors (J) Extraordinary Ability (O-1) Canadian & Mexican Professionals (TN-1) Family Members (F-2, J-2, H-4, L-2, O-3, TD)
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Retaining J-1 Physicians and Researchers
Is doctor subject to 2-year return requirement?
If doctor is subject, does he/she need a waiver? O-1 as a Temporary Option
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Hiring J-1 Physicians & Researchers
Clinical doctors
State 30 Federal programs HHS waiver Other government agencies No objection Persecution Exceptional hardship
Researchers
Other types of waivers
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Employment-Based Immigrant Procedures and Categories
Extraordinary Ability Outstanding Researchers Professionals with Advanced Degrees Professionals and Skilled Workers Labor Certification Requirement Policy Issue: Evaluation of Permanent Residence Eligibility at Time of Hire
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Recruitment Questions About Immigration Status
Non-Discrimination Requirement
No Discrimination Allowed Between U.S. Citizens, U.S. Nationals, Permanent Residents, Asylees, Refugees, and 1986 amnesty program’s “Temporary Residents.”
Recruiters NOT allowed to ask “Are you a U.S. Citizen?” or “Do you have a Green Card?” Recruiters NOT allowed to request specific documents or to require “more or different” documents than the minimum required.
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Recruitment Questions About Immigration Status (continued)
Employers May Elect Not to Hire Candidates Needing “Immigration Sponsorship.”
Recruiters ARE allowed to ask “Are you legally authorized to work in the United States?” followed by “Will you now or in the future require sponsorship for an employment visa status?” (e.g., H-1B visa status)
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Questions ?
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For Further Information
William A. Stock, Esq.
Klasko, Rulon, Stock and Seltzer, LLP
1800 John F. Kennedy Blvd., Suite 1700 Philadelphia, PA 19103
wstock@klaskolaw.com
215-825-8600 www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP