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Foreign National Physicians and Researchers: Institutional Immigration Law Considerations

Foreign National Physicians and Researchers: Institutional Immigration Law Considerations. William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518

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Foreign National Physicians and Researchers: Institutional Immigration Law Considerations

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  1. Foreign National Physicians and Researchers: Institutional Immigration Law Considerations William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840wstock@klaskolaw.comwww.klaskolaw.com

  2. 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 inThe 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.

  3. Choice of Visa Issues

  4. Advantages of J-1 • No employer sponsorship • No recordkeeping • No H-1B fees • No institutional liability • No prevailing wage • No posting • Spouse employment

  5. Advantages of H-1B • Easy to change programs • Moonlighting • Easier to retain after postdoc (no two year return) • Easier travel • Can do premium processing • Attract more qualified researchers

  6. Other Visa Options • O-1 • TN-1 • EAD • Change of status vs. visa processing

  7. H-1B Issues • Review of Eligibility Requirements • Wage Requirements • Public Examination Files • Eligibility for Change of Status • Multiple Employers • Part-time of Full-time

  8. Hot TopicsH-1B Issues(cont’d) • H-1B Quotas When Leaving Fox Chase • Who is subject? • Who is exempt? • Creative strategies for claiming exemption • Creative strategies for cap-subject • H-1B Fees • Who is subject? • What fees can be paid by foreign national?

  9. H-1B Issues(cont’d) • Six-Year Limit • Strategies to avoid • Strategies to extend • Institutional Liability Issues • Commencement Date • Wages • LCA/Public Examination File Requirements • Change of Location of Employment

  10. H-1B Issues(cont’d) • Institutional Policy Issues • Premium Processing • Volunteering • Travel

  11. Retaining J-1 IMGs and Researchers • Is doctor subject to 2-year return requirement? • If doctor is subject, does he/she need a waiver? • Institutional Policies on J-1 Waivers • Institutional Policies on O-1’s

  12. Types of J-1 Waivers • Clinical doctors • State 30 • Federal programs • Researchers • HHS waiver • Other government agencies • Other types of waivers • No objection • Persecution • Exceptional hardship

  13. Obtaining O-1 Visas • Proving extraordinary ability • Researchers • Clinical doctors • Length of stay

  14. Sponsoring for Permanent Residence • Choice of Who to Sponsor • Choice of When to Sponsor • Who can sign for institution? • Use of Referral to Outside Counsel • Sponsoring for Labor Certification • Extraordinary Ability • National Interest Waiver • Concurrent Processing

  15. PERM Policy Issues • Sponsor or not? • Payment of legal fees and advertising costs • Who’s in charge? • Limitation of authorized users? • Recruitment sources? • Experience gained with sponsoring employer • Date tracking system • Preparing/retaining audit file

  16. Travel Issues • Risks of Travel • Delays • Security Clearances • Denials of Visas • Alternatives to Avoid or Lessen Risks • Canada and Mexico • Advance Parole • Don’t Travel

  17. Institutional Responsibilities • Avoiding National Origin/Citizenship Discrimination • Questions to Ask/Not to Ask Job Applicants • Employment Application • Timing of Completion of 1-9 • Document Abuse • Importance of Consistency

  18. Questions ?

  19. Speaker Contact Information William A. Stock, Esq. Klasko, Rulon, Stock & Seltzer, LLP wstock@klaskolaw.com 215-825-8600 (Philadelphia) www.klaskolaw.com

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