Pathways to Permanent Residence - Klasko, Rulon, Stock & Seltzer
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Pathways to
Permanent Residence
Thursday, October 24, 2013
Suzanne B. Seltzer, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
New York
Philadelphia
317 Madison Avenue, Suite 1518
New York, NY 10017
212.796.8840
[email protected]
1800 John F. Kennedy Blvd., Floor 17
Philadelphia, PA 19103
215.825.8600
www.klaskolaw.com
Suzanne B. Seltzer is a partner of Klasko, Rulon, Stock & Seltzer LLP.
Ms. Seltzer is the Chair of the American Immigration Lawyer's Association
(AILA) USCIS Service Center Operations (SCOPS) Liaison Committee, is a
member of AILA’s InterAgency Liaison Committee, and recently completed
her tenure as Chair of the USCIS Policy and Benefits Liaison Committee and
as a NAFSA Regulatory Ombudsman. Ms. Seltzer speaks and writes
extensively on visa options for scientists and researchers.
She is listed in Best Lawyers in America, Chambers USA, New York
SuperLawyers, and the International Who's Who of Corporate Immigration
Lawyers.
A magna cum laude graduate of the University of Pennsylvania, Ms. Seltzer
received her law degree from Georgetown University’s Law Center (cum
laude).
Klasko, Rulon, Stock & Seltzer, LLP
Intro to Permanent Residency
Non-Immigrant Status, Immigrant Intent, and
Timing
Permanent Residency Quotas
Employment Based Permanent Residency
Self
Petitions
Employer Sponsored
Adjustment of Status and Maintenance of Status
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
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
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Immigrant vs. Nonimmigrant Visas
Immigrant Visa
Green
Card/Permanent Residency
Nonimmigrant Visa (NIV)
H, F, J, O, etc.
Limited duration
Specific to employer/institution
Specific to purpose (work/study/tourism)
May need to establish “non-immigrant” intent
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant to Immigrant
F-1 – attend school
F-1 OPT – start work
H-1B – continue working;
Cap subject? Cap exempt?
H-1B – change employer?
6 years maximum in H status
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant to Immigrant
H-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.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant Option:
H-1B and the Quota
What is it and what does it mean?
Who is not subject to the quota?
Universities
Nonprofit
institutions affiliated with universities
Nonprofit or government research organization
Previous H-1B under cap
Concurrent employment
Cap Exempt to Cap Subject
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant Option
J-1 Visa
Non-Immigrant Intent
Subject to 2-year rule?
What
does it mean to be subject?
Options if subject
Return home
Apply for a Waiver
Obtain an O-1 Visa
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
J-1 Nonimmigrant to LPR
J-1 two year home requirement
O-1
waiver
fulfill two years
H-1B and/or Apply for LPR
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Nonimmigrant Option:
O-1 Visa
Extraordinary Ability
Factors Considered in Initial Evaluation
1st
authored articles / presentations
Citations
Book chapters / review articles
Peer reviewer / manuscript reviewer
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
O-1 Option:
Alien of Extraordinary Ability
Document Intensive Petition
Important option if:
Cap
Subject H-1B
6 Years in H-1B
J Subject to 2 years
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Moving from Non-Immigrant
to Permanent Resident
Non-immigrant status does not convert to
green card
Important to maintain non-immigrant status
throughout green card application process
May be impediments to travel during this
process
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Application Pathways
for Permanent Residency
Family
Investment
Asylum
Employment
DV Lottery
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Residency Quotas
Annual Limit on Immigrant Visas (Permanent
Residency)
Per Country Limit – 7%
Allocated by:
Date – place in line
Preference Category
Priority
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Residency Quotas
Employment Based Preferences
First
Preference (EB-1)
Extraordinary Ability, Outstanding Researcher,
Multinational Executive
Second
Nat’l Interest Waivers, Advanced Degreed Professionals,
Bachelors plus 5 years exp.
Third
Preference (EB-2)
Preference (EB-3)
Skilled Worker (2+ years experience), Bachelor’s Degree
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Visa Bulletin for November 2013
Permanent Residency Quotas,
Where Are We Now?
All Chargeability Areas
Except Those
Listed
CHINAmainland born
INDIA
MEXICO
PHILIPPINES
1st
C
C
C
C
C
2nd
C
08OCT08
15JUN08
C
C
3rd
01OCT10
01OCT10
22SEP03
01OCT10
15DEC06
Other Workers*
01OCT10
01OCT10
22SEP03
01OCT10
15DEC06
4th
C
C
C
C
C
Certain Religious
Workers
C
C
C
C
C
C
C
C
C
C
Employment
Based
5th
Targeted Employment
Areas/Regional
Centers and Pilot
Programs
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based (EB)
Permanent Residency
Employer-sponsored or self-sponsored
Labor certification or outstanding researcher;
extraordinary or national interest waiver
Multiple petitions
Multi-Step Process
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based (EB)
Permanent Residency: EB-1
Extraordinary Ability/EB-1 (I-140, filing fee $580)
‘Self-Petition’ – no need for employer sponsor
Factors Considered in Initial Evaluation
1st authored articles/impact factors
Citations to 1st authored work
Peer Review/Manuscript Review Work
References from independent experts
Documentation meeting regulatory Criteria
Preparation/Processing
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Times
Employment Based: EB-1
(cont’d)
Outstanding Researcher/EB-1 (I-140, filing fee $580)
Similar
to Extraordinary Ability
Employer sponsored petition
At least 3 Years experience
Permanent job offer
Qualified Employers:
Academic Institutions
Industry
At least 3 FT researchers
Recognition in field
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
EB-1 Two Part Analysis
Introduced in December 2010
Does
Petition Contain Evidence of Requisite Number of
Criteria?
‘Final
Merits Analysis’ – does evidence demonstrate that
beneficiary is one of a very few at the top of the field?
USCIS
provides no clear guidelines for applying final
merits analysis
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based: EB-2
National Interest Waiver/EB-2 (I-140, $580)
Self-Petition,
no employer sponsor required
Two Pathways to NIW
Three Prong Test
Field is of Substantial Intrinsic Merit
National Impact of Your Contributions
You Are “Substantially Better” Than Your Peers
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based: EB-2
(cont’d)
NIW cont’d:
Past
Record of Achievement Must Justify
Your Prospective Benefit to U.S.
Preparation/Processing
India/China
backlog
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Times
National Interest Waiver
(cont’d)
Second Pathway – Physicians only
5 Year Commitment to MUA/HPSA
5
Year Contract
Letter from State Department of Health supporting
petition
Proof work location is physically located in HPSA/MUA
Will not get green card until 5 year service is complete
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Based:
Employer Sponsored
Labor Certification Application (PERM)
Employer
MUST Pay Costs
Recruitment
Special Handling – involves teaching
Professional – minimum requirements
Prevailing
wage
First of 3 steps
2nd Step – I-140
3rd Step – I-485 or IV Consular Process
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
(cont’d)
Permanent Resident Status
Adjustment of Status (I-485)
Timing
Preference
categories/quotas
Priority dates
Processing times
Concurrent filing (I-140/I-485)
I-485 filing fee $1,070, includes:
Employment
authorization (I-765)
Advance parole (I-131)
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident Status
Adjustment of Status (I-485)
(cont’d)
Adjustment portability
H-1B Extensions
One
Year
Three years
Spouses
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Materials
Please visit www.klaskolaw.com to download this
PowerPoint presentation and relevant articles.
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
Questions?
For more information, visit www.eb1immigration.com
Klasko, Rulon, Stock & Seltzer, LLP
For Further Information
Suzanne B. Seltzer, Esq.
Klasko, Rulon, Stock & Seltzer, LLP
E-mail:
[email protected]
Telephone:
212-796-8840 (New York)
215-825-8600 (Philadelphia)
Offices:
New York
317 Madison Avenue
Suite 1518
New York, NY 10017
Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia
1800 John F. Kennedy Blvd.
Floor 17
Philadelphia, PA 19103
online
www.klaskolaw.com
www.eb1immigration.com
www.worksite-compliance.com
www.eb5immigration.com
http://blog.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
DISCLAIMER / COPYRIGHT NOTICE
The 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 immigrationrelated guidance is needed.
Copyright © 2013 Klasko, Rulon, Stock & Seltzer, LLP.
All rights reserved.
Klasko, Rulon, Stock & Seltzer, LLP
Copyright © 2013. All rights reserved.