Immigration Visa Interview Guide by kjj16796

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									                    Immigration Options
                             for MBA Students
                               Friday, October 24, 2008

                   H. Ronald Klasko, Esq.
 Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia                       New York
1800 JFK Blvd., 17th Floor         317 Madison Ave., Suite 1518
Philadelphia, PA 19103             New York, NY 10017
215.825.8600                       212.796.8840
rklasko@klaskolaw.com              www.klaskolaw.com
                       H. Ronald Klasko, Esq.
   Ron Klasko has been providing immigration assistance and solutions to leading
    universities, hospitals, and research institutions for over 25 years. Ron is a past National
    President of the American Immigration Lawyers Association. He has been a member of the
    AILA Board of Governors since 1980.
   His firm is the only immigration law firm global partner advocate of NAFSA: Association of
    International Educators. The firm has been selected as one of six top tier immigration firms
    in the United States for two consecutive years by the prestigious Chambers Global: The
    World's Leading Lawyers for Business (Chambers and Partners). This publication noted
    the firm as the “strongest in the country” when it comes to representing clients in the
    university research and medical sectors and recognized Ron as “a leading national
    practitioner who really does it all” who is “literally on the cutting edge” when it comes to
    immigration policy and legislative issues.
   Ron has been selected as one of twelve top tier immigration lawyers in the US by The
    Chambers Global Guide. He is selected annually for inclusion in Best Lawyers in
    America. The International Who’s Who of Business Lawyers 2007 edition selected Ron as
    the “most highly regarded” business immigration lawyer in the world.
   Ron is a frequent author and lecturer on hospital and university-related immigration law
    topics and is a former Adjunct Professor of Immigration Law at Villanova University Law
    School. Ron is a graduate of the University of Pennsylvania School of Law.

     Klasko, Rulon, Stock & Seltzer, LLP
                      Immigration Options
                for Students and Scholars
                                          Agenda

     H-1B Visas
     H-1B Quota
     Options for Dealing with H-1B Quota
     Quota-Exempt Employment
     Strategies to Enhance Chances of Getting H-1B
     Travel and Status Issues for H-1B Approvals
     Other Visa Options

    Klasko, Rulon, Stock & Seltzer, LLP
                  Immigration Options
            for Students and Scholars
                                      Agenda (cont’d)

    Other Options (EB-5)
    Travel Issues
    Question & Answer Session




Klasko, Rulon, Stock & Seltzer, LLP
                                          H-1B Visas
   Basic requirements
      Job           Offer
              Part-time              or full-time
      Bachelors                      or higher degree
              Determine U.S. equivalence of foreign degree
              Combination of education and experience

      Specialty                   occupation
              Job   requires bachelors or higher degree in
                 specific field
      Prevailing                    wage
    Klasko, Rulon, Stock & Seltzer, LLP
                               H-1B Visas (cont’d)

    Employer requirements
       U.S. employer
       Pay fees
       Post notice
       Keep public examination file




Klasko, Rulon, Stock & Seltzer, LLP
                                   H-1B Visas (cont’d)

    Procedure and processing time
        File Labor Condition Application with DOL
        File H-1B petition with CIS
        Change of status or consular visa issuance
        Processing time
               3 to 5 months
               15 days or less with premium processing ($1000)




    Klasko, Rulon, Stock & Seltzer, LLP
                                 H-1B Visas (cont’d)
   Length of approval and extensions
     3  year initial approval and 3 year extension
      6 year maximum – any combination of
       employers
      Extensions beyond 6 years
              Recapture time out of U.S.
              1 year extension if file labor certification application
               or immigrant petition one year before expiration
              3 year extension if immigrant petition approved and
               quota backlog
    Klasko, Rulon, Stock & Seltzer, LLP
                             H-1B Visas (cont’d)
   H-1B portability
      Present   or prior H-1B
      Commence employment upon new employer
       filing petition
   Spouses
      H-4           cannot work
   Travel
      Dual            intent

Klasko, Rulon, Stock & Seltzer, LLP
                                          H-1B Quota
   What is it, and what does it mean?
         65,000 visas
   Separate quota for US-educated advanced degree
    holders
         20,000 visas
   Separate options for Canada, Mexico, Australia, Chile and
    Singapore
         TN-1, E-3, H-1B
   Prospects for change
   Timing
         April 1 filing date
         October 1 start date
    Klasko, Rulon, Stock & Seltzer, LLP
                      Options for Dealing
                       with H-1B Quota

   Quota-exempt employment
   Strategies to enhance chances of getting H-1B
   Alternative visa options
   Applying for permanent residence directly




Klasko, Rulon, Stock & Seltzer, LLP
           Quota-Exempt Employment

    Who is not subject to the quota?
        Universities
        Nonprofit institutions affiliated with universities
        Employed “at” university
        Nonprofit or government research organization
        Concurrent employment
        Previous H-1B


    Klasko, Rulon, Stock & Seltzer, LLP
             Strategies to Enhance
            Chances of Getting H-1B
   Obtaining masters degree
   Filing multiple years
   Filing first day
   Using previously-obtained degree
   Combination of education and experience
   Start your own business
      Apply            as H-1B employee

Klasko, Rulon, Stock & Seltzer, LLP
           Travel and Status Issues
              for H-1B Approvals

    Change of status vs. consular visa issuance
    Travel after April 1
    Maintaining status until October 1
       “Cap           gap” relief




Klasko, Rulon, Stock & Seltzer, LLP
                      Other Visa Options
   F-1
      OPT
                12 months or 29 months
      Going            back to school
                Advantages of Masters or PhD
   Working overseas for U.S. employer
      Entering   U.S. as B-1
      Eligibility for L-1 after one year

   Look at spouse’s status
      Spouse               of J,E and L can work

Klasko, Rulon, Stock & Seltzer, LLP
                 Other Visa Options (cont’d)
   E-1 Treaty Trader
         Substantial import or export
         Treaty country nationality
         Executive, supervisor, essential skill employee
   E-2 Treaty Investor
         Substantial investment
                No exact amount
         Treaty country nationality
         Investor or employee (executive, supervisory or essential skill)
   L-1 Intracompany Transferee
         Related company (equity ownership)
         One year employment overseas
         Managerial or specialized knowledge
                Overseas and U.S.

Klasko, Rulon, Stock & Seltzer, LLP
                   Other Visa Options (cont’d)
    H-3
        Corporate  trainee
        Training not available overseas
        Formal training program required
        Productive employment incidental to training
        Training will qualify for position abroad



    Klasko, Rulon, Stock & Seltzer, LLP
                 Other Visa Options (cont’d)

   H-2B
      Numerical                      quota and timing issues
              Can be skilled position but must be temporary
              Seasonal, peak-load, intermittent or one-time
               occurrence
              No U.S. workers available




Klasko, Rulon, Stock & Seltzer, LLP
               Other Visa Options (cont’d)
   O-1 Visas
     Employer sponsored
     Standards
              National or international reputation
     Documentation
     Reference  letters
     Length of approval
              3 years
              Unlimited one year extensions
     Spouses
              O-3 cannot be employed
Klasko, Rulon, Stock & Seltzer, LLP
               Other Visa Options (cont’d)
   J-1 Visas
     Trainee, researcher, scholar
     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
     Waiver

Klasko, Rulon, Stock & Seltzer, LLP
               Other Visa Options (cont’d)

   Waiver options
      No objection waiver
      Hardship
      Persecution
      Federal government agency waiver




Klasko, Rulon, Stock & Seltzer, LLP
                                 Other Options

    EB-5
       $500,000 or $1,000,000
       Own business or regional center
       New business or expand existing business
       Create 10 jobs
       Lawful source of funds




Klasko, Rulon, Stock & Seltzer, LLP
                                      Travel Issues
    Potential Problems
       Intent to return – F & J vs. H &O
       Visa interview delays
       Security clearances
       Technology Alert List
       222(g)

    Possible solutions
       Don’ttravel
       Canada/Mexico
       Advance Parole

Klasko, Rulon, Stock & Seltzer, LLP
                                Questions ?



Klasko, Rulon, Stock & Seltzer, LLP
               For Further Information
                      H. Ronald Klasko, Esq.
    Klasko, Rulon, Stock & Seltzer, LLP

                           rklasko@klaskolaw.com

                             215-825-8600 (Philadelphia)
                              212-796-8840 (New York)

                                www.klaskolaw.com

Klasko, Rulon, Stock & Seltzer, LLP

								
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