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Post-Residency Options for International Medical Graduates

Post-Residency Options for International Medical Graduates. H. Ronald Klasko, Esq. K lasko , R ulon , S tock & S eltzer , LLP 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017

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Post-Residency Options for International Medical Graduates

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  1. Post-Residency Options forInternational Medical Graduates H. Ronald Klasko, Esq. Klasko, Rulon, Stock& Seltzer, LLP 1800 JFK Blvd. Suite 1700 317 Madison Ave. Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 rklasko@klaskolaw.comwww.klaskolaw.com

  2. H. Ronald Klasko, Esq. • Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to individuals, multinational corporations, research institutions, hospitals, and leading universities for over 25 years. • Ron is a former National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s General Counsel. He is a past Chair of AILA’s Department of Labor National Liaison Committee, its Task Force on H and L Visas and Business Immigration Committee. Mr. Klasko is one of only two recipient of the American Immigration Lawyers Association Founders Award, bestowed upon the individual who has had the most positive impact on immigration law. • Ron has been chosen as one of twelve top tier immigration lawyers in the U.S. 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 Corporate Immigration Law edition selected Ron as the “Most Highly Regarded” business immigration lawyer in the world. He is a frequent author and lecturer on business-related immigration 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.

  3. Post-Residency Options Agenda • Current Issues in H-1B Visas • Current Issues J-1 Visas • Current Issues in O-1 Visas • Permanent Residence Status • Travel Issues • Q & A

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

  5. 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

  6. H-1B Quota (cont.) • Strategies and timing if subject to the quota • File April 1st if qualified for job • Explore O-1 • Go to cap-exempt institution for 1 year

  7. J-1 • 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

  8. J-1 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 Primary Care Shortage area Employment • 5 year commitment

  12. PERM program Recruitment Prevailing wage Legal issues Timing First of 3 Steps I-140 Permanent Resident StatusLabor certification application

  13. Permanent Resident StatusAdjustment of Status • 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. For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP 1800 John F. Kennedy Blvd., Suite 1700 Philadelphia, PA 19103 rklasko@klaskolaw.com 215-825-8600 www.klaskolaw.com

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