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Hot Topics in Immigration Law for Clinicians & Post-Docs

Hot Topics in Immigration Law for Clinicians & Post-Docs. Suzanne Seltzer, Esq. Kate Kalmykov, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor 317 Madison Ave., Suite 1518

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Hot Topics in Immigration Law for Clinicians & Post-Docs

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  1. Hot Topicsin Immigration Lawfor Clinicians & Post-Docs Suzanne Seltzer, Esq. Kate Kalmykov, 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 212.796.8840www.klaskolaw.com

  2. Suzanne B. Seltzer, Esq. • Suzanne B. Seltzer is a founding partner of Klasko, Rulon, Stock & Seltzer, LLP, and manages the New York office. Suzanne is well known for her representation of universities, hospitals and research institutions and their medical and research personnel in obtaining extraordinary ability and national interest waiver immigrant petitions, O-1 nonimmigrant visas, and waivers of the two-year home country residence requirement.  • Suzanne holds several leadership positions within the immigration bar. She is the current Chair of the Vermont Service Center Liaison Committee, co-Chairs the National Coalition for Access to Healthcare, and is the past Co-Chair of AILA’s NY District Director Liaison Committee. • Suzanne was honored with the Cornerstone Award by the Lawyers Alliance for New York in recognition of her outstanding contributions to pro bono work on behalf of non-profit agencies, and the Samuel E. Klein Pro Bono Award for her work on behalf of victims of human trafficking. • Suzanne is named in The Best Lawyers in America, Best Lawyers in New York, SuperLawyers, and holds the highest rating of “AV” (LexisNexis Martindale-Hubbell). • Suzanne obtained her JD from Georgetown University Law Center.

  3. Kate Kalmykov, Esq. • Kate Kalmykov, an Associate in the Firm's New York City office, focuses her practice on business immigration.  • Kate has extensive experience working with various human resources departments on employment verification and worksite enforcement matters including I-9 and H-1B audits.  • Kate has handled numerous family and naturalization based matters and has successfully resolved security name check delays for adjustment of status and naturalization applicants through the filing of mandamus actions in federal district court.  • Kate received her J.D. from the American University and is admitted to practice in New York and New Jersey.  • A member of the American Immigration Lawyers Association, Kate is a member of the Corporate Practice and CLE committees of its New York Chapter.

  4. Hot Topics in Immigration LawAgenda • Current Issues in H-1B Visas • Current Issues J-1 Visas • Current Issues in O-1 Visas • Permanent Residence Status • Travel Issues • Q&As

  5. H-1B • Basic requirements • Procedure and processing times • Specialty occupation issues • Part-time or full-time • Length of approval • Extensions • Portability • Travel

  6. 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 • Strategies and timing

  7. J-1 • Who is subject to 2-year home residency requirement? • What does it mean to be subject? • Options if subject • Return home • Where is home? • Aggregating trips • O-1 • Waiver

  8. J-1 Waiver Options • Waiver options • Hardship • Persecution • Federal government agency waiver • HHS waiver • VA waiver • ARC Waiver • DRA waiver • State 30 waiver (clinical only) • No objection waiver (researchers only)

  9. O-1 • Employer sponsored • Standards • Documentation • Reference letters • Processing time/issues • Length of approval • Extensions

  10. Permanent Resident Status • Family • Employment • Investment • Asylum • Timing • Quotas/priority dates • Processing times

  11. Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest Extraordinary Ability/Outstanding Researcher EB-1 Standards Documentation Reference letters National Interest Waiver EB-2 Standards Employment

  12. PERM program first of 3 steps Recruitment Prevailing wage Legal issues Timing Employer Pays I-140 Immigrant Petition second of 3 steps Permanent Resident StatusLabor Certification Application

  13. Permanent Resident StatusAdjustment of Status • Third Step • Timing • Preference categories/quotas • Priority dates • Processing times • Employment authorization • Advance parole • Adjustment portability • H-1b extensions

  14. 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’t travel • Canada/Mexico • Advance Parole

  15. Questions ?

  16. Contact Information Suzanne Seltzer, Esq. • Telephone: 212-796-8846 • Fax: 212-297-1799 • Email: sseltzer@klaskolaw.com Kate Kalmykov, Esq. • Telephone: 212-796-8856 • Fax: 212-297-1799 • Email: kkalmykov@klaskolaw.com Please also visit our website at www.klaskolaw.com

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