1 / 22

Immigration Opportunities for Post Doctoral Researchers

Immigration Opportunities for Post Doctoral Researchers. Suzanne B. Seltzer Kate Kalmykov Klasko, Rulon, Stock & Seltzer, LLP Philadelphia - New York. Immigration Opportunities Agenda. H-1B Quotas J-1 Waivers The O-1 Visa Permanent Residence Status Q&A’s. H-1B Quota.

bowersm
Download Presentation

Immigration Opportunities for Post Doctoral Researchers

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Immigration Opportunities for Post Doctoral Researchers Suzanne B. Seltzer Kate Kalmykov Klasko, Rulon, Stock & Seltzer, LLP Philadelphia - New York

  2. Immigration OpportunitiesAgenda • H-1B Quotas • J-1 Waivers • The O-1 Visa • Permanent Residence Status • Q&A’s

  3. 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 • Cap Exempt to Cap Subject

  4. J-1 Visa • Who is subject to 2-year return? • Exchange Visitor Skills List • Government Funding • U.S. or Home Country • Direct or Indirect (i.e. – International Organization that receives U.S. or home country funding) • Graduate Medical Training

  5. What Does it Mean to be Subject • Ineligible for Certain Visas • H-1B • L-1 • K • Ineligible to apply for final step of Green Card • I-485 • IV Consular Processing • But may commence initial steps…

  6. If Subject, What are the Options • Return home • Where is home? • Aggregating trips • Apply for a Waiver • Obtain an O-1 Visa • Requires an employer willing to sponsor • Must Demonstrate “Outstanding” in field

  7. J-1 Waiver Options • Waiver options • Hardship • Persecution • No objection waiver • Federal government agency waiver • Health & Human Services • National Science Foundation • Department of Energy

  8. O-1 – Alien of Extraordinary Ability • Factors Considered in Initial Evaluation • 1st authored articles/impact factors • Citations to 1st authored work • Conference presentations • Book Chapters/review articles • Peer reviewer/manuscript reviewer

  9. O-1 (Cont’d) • Included in the Petition • Supporting Documentation • Reference letters • Independent referees • Addressing O-1 criteria • Processing time/issues • Length of approval • Extensions

  10. Permanent Residency/Green Card • 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

  11. How Do I Apply? • Family • Investment • Asylum • Employment

  12. Employment Based (EB) Permanent Residency • Employer-sponsored or self-sponsored • Labor certification or extraordinary/national interest/exceptional • Multiple petitions • Multi-Step Process • I-140 – establishing eligibility • I-485 – register for permanent residency

  13. Permanent Resident Quotas • Annual Limit on Permanent Residency • Per Country Limit – 7% • Allocated by: • Priority Date – place in line • Preference Category

  14. Permanent Resident Quotas • Employment Based Preferences • First Preference (EB-1) • Extraordinary Ability, Outstanding Researcher • Second Preference (EB-2) • Nat’l Interest Waivers, Advanced Degree Professionals, Bachelor’s plus 5 years exp.

  15. Permanent Resident Quotas,How to Determine if Current • Visa Bulletin • http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html • “Oversubscribed” versus “Available” • Available if: • Visa Bulletin indicates “C” = current • Priority date earlier than posted date

  16. Employment Based (EB) Permanent Residency: Self-Petitions Extraordinary Ability (I-140 Petition) • EB-1 • Initial Evaluation Similar to O-1 • Documentation/Reference Letters Similar to O-1 • Slightly Higher Standard

  17. Employment Based (EB) Permanent Residency: Self-Petitions National Interest Waiver (I-140 Petition) • EB-2 • Three Prong Test • Substantial Intrinsic Merit • National in Scope • Substantially Better than Peers

  18. Employment Based (EB) Permanent Residency: Employer-Sponsored • Outstanding Researcher (I-140) • EB-1 • Evaluation/Documentation Similar to O-1 • Three Years Experience in Academic Field • If gained during studies, research must have been recognized as “outstanding” • “Permanent” or Tenure Track Job Offer • Employer – Academia or Industry • If industry, must have 3 FT researchers • If industry, must document accomplishments

  19. Employment Based (EB) Permanent Residency: Employer-Sponsored • PERM • EB-2, as long as job requires advanced degree • Employer MUST Pay Costs • Test of Job Market – Extensive Recruitment • Minimum Requirements for Position • Prevailing Wage from Department of Labor • Filed with Department of Labor • First of 3 steps (precedes I-140/I-485)

  20. Permanent Resident StatusAdjustment of Status (I-485) • Timing • Preference categories/quotas • Priority dates • Processing times • Concurrent filing (I-140/I-485) • Employment Authorization Document (EAD) • Advance Parole (AP) • Adjustment portability

  21. Questions Any Questions?

  22. Contact Information Suzanne B. Seltzer, Esq. • Telephone: 212-796-8846 • Fax: 212-297-1799 • Email: sseltzer@klaskolaw.com • http://www.klaskolaw.com/information-for-individuals.php Kate Kalmykov, Esq. • Telephone: 212-796-8856 • Fax: 212-297-1799 • Email: kkalmykov@klaskolaw.com • http://www.klaskolaw.com/information-for-individuals.php

More Related