Visa and Permanent Residence Options Harvard Business School Visa and Permanent Residence Options...

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  • Visa and Permanent Residence Options for the MBA Graduate

    Harvard Business School

    H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP

    Philadelphia New York1800 JFK Blvd., 17th Floor317 Madison Ave., Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840 www.klaskolaw.com

    Klasko, Rulon, Stock & Seltzer, LLP

    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 universities, hospitals, and research institutions for over 25 years.

    Ron is a past National President of the American Immigration Lawyers Association and served for 3 years as the bar associations General Counsel. His firm is the first immigration law firm global partner of NAFSA: Association of International Educators. Mr. Klasko has been invited by more than 25 universities and hospitals to address students and scholars.

    Ron has been selected as one of six top tier immigration lawyers in the US by The Chambers Global Guide. He is selected annually for inclusion in Best Lawyers in America. The International Whos Who of Business Lawyers 2007 and 2008 Corporate Immigration Law editions selected Ron as the most highly regarded immigration lawyer in the world. He is a frequent author and lecturer on hospital and university-related immigration law 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

    Klasko, Rulon, Stock & Seltzer, LLP

    2009 IssuesFewer job offersFewer employers willing to sponsorImpact of layoffsTARP restrictionsLabor certification applications difficult or impossibleH-1B quotaIncreased opportunities for investors and entrepreneurs

    Klasko, Rulon, Stock & Seltzer, LLP

    General H-1B IssuesEmployer preconceptions and misconceptionsTimingPremium ProcessingPortabilityEmployer requirements

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B Quota

    Numbers65,00020,000 extra for U.S. mastersQuota used upPast years2009File April 1; Start October 1Employment during cap gapTravel Issues

    Klasko, Rulon, Stock & Seltzer, LLP

    Quota Exempt H-1BUniversityNon-profit companyAffiliated with universityResearch organizationEmployed at university or other quota-exempt employerConcurrent employmentPrevious H-1B

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1Bs for TARP RecipientsAttestations by covered employersNo Layoffs of U.S. WorkersEssentially equivalent jobs90 days before and after H-1B filing dateMust Recruit for U.S. WorkersInternal and external recruitmentMust offer job to equally or better qualified U.S. worker

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1Bs for TARP RecipientsWhich Employers are Required to Make the Additional Attestations:Recipients of TARP funds http://www.financialstability.gov/latest/index.html(Note: This website lists recipients of TARP funding, but not recipients of direct Federal Reserve credit, so it is not all-inclusive). It is best to discuss with the prospective employer if they are considered a TARP recipient.Recipients of FRA Section 13 funds Recipient determination depends upon the type of borrowing arrangement between the entity and the Federal Reserve (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B for TARP RecipientsTerm Asset-Backed Securities Loan Facility (TALF) (received discounted government loans)May be more to come

    Does Not Apply to Every H-1BApplies to new hires after February 17, 20092 year program till February 16, 2011 Only Relevant to H-1B

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B for TARP RecipientsHires before February 17, 2009H-1B extensions not coveredOPT change of status to H-1B not covered

    Hires after February 17, 2009New H-1B hires coveredOPT hires changing status to H-1BMay not be coveredSome employers rescinding offers(contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B Issues for Start-Up BusinessMust establish company with employer tax I.D. numberCompany can be 100% owned by H-1B employee Must be W-2 employeeCompany separate entity from owner/employee

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B Issues for Start-Up Business Company must proveFinancial ability to pay salaryProfits and/or capitalizationReal job to be done by H-1BPart time or full timePlace of business(contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B Issues for Start-Up Business

    Importance of business plan/financial projectionsOther employees helpful not requiredPrevailing WageCEO vs. function-descriptive position

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Impact of Employer Cutbackson H-1B EmployeeTermination or layoffImpact of severance payImpact on OPTLeave of absenceReduction in salary or benefits

    Klasko, Rulon, Stock & Seltzer, LLP

    H-1B Time LimitsLength of approval and extensions3 year initial approval and 3 year extension6 year maximum any combination of employersExtensions beyond 6 yearsRecapture time out of U.S.1 year extension if file labor certification application or immigrant petition one year before expiration3 year extension if immigrant petition approved and quota backlog

    Klasko, Rulon, Stock & Seltzer, LLP

    Other Visa OptionsF-1Going back to schoolAdvantages of Masters or PhDWorking overseas for U.S. employer Entering U.S. as B-1Eligibility for L-1 after one yearLook at spouses statusSpouse of J,E and L can work Country-Specific Options: TN-1, E-3, H-1B1

    Klasko, Rulon, Stock & Seltzer, LLP

    Other Nonimmigrant (Temporary) Options Treaty (E) VisasMust be national of treaty country http://www.travel.state.gov./visaCompany must be owned at least 50% by treaty country nationals

    Klasko, Rulon, Stock & Seltzer, LLP

    Other Nonimmigrant (Temporary) Options Treaty (E) Visas(contd)Visa for 1 to 5 yearsEach entry limited to two yearsVisa and entry can be extended indefinitelyNo quotaSpouse can work

    Klasko, Rulon, Stock & Seltzer, LLP

    Other Nonimmigrant (Temporary) Options Treaty (E) VisasTreaty traders (E-1)Substantial import or exportMajority between U.S. and treaty countryCan be manager, supervisor or essential skill employee

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Other Nonimmigrant (Temporary) Options Treaty (E) VisasTreaty investors (E-2)Substantial investmentNo exact amountVaries depending upon type of investment Relevant issuesAmount of investmentNumber of employeesNeeds of businessLikely profitability and growth potentialBusiness plan and financial projections critical

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Other Nonimmigrant (Temporary) Options Treaty (E) Visas

    Visa applicant can beInvestor orManager, supervisor or essential employee

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Intracompany Transferee (L-1) VisasNational of any countryNo quotaLength of visaStart up 1 yearEstablished business 3 yearsMaximum length 7 years

    Klasko, Rulon, Stock & Seltzer, LLP

    Intracompany Transferee (L-1) VisasSpouse can work Must be international businessBusiness outside U.S. with at least 50% common ownershipMust be employed by that business one yearType of employment (in U.S. and overseas companies)Manager or executiveSpecialized knowledge employee

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Intracompany Transferee (L-1) VisasStart-up issuesPlace of businessEmployeesCapitalizationNeed for managerBusiness plan and financial projections

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Extraordinary Ability (O-1) VisasNational or international renownOne of a few at the top of his peersMust be employer or agentCan be own companyLength of visa3 years1 year extensionsCan extend indefinitely

    Klasko, Rulon, Stock & Seltzer, LLP

    Corporate traineeTraining not available overseasFormal training program requiredProductive employment incidental to trainingTraining will qualify for position abroadTrainee (H-3) Visa

    Klasko, Rulon, Stock & Seltzer, LLP

    Permanent Resident StatusFamilyEmploymentInvestmentAsylumLottery

    Klasko, Rulon, Stock & Seltzer, LLP

    Spouse of U.S. citizenNo quota waitEAD and AP within 3 monthsAll other relationshipsLong quota waitNo interim benefits

    Family

    Klasko, Rulon, Stock & Seltzer, LLP

    AsylumIndividualized fear of persecutionRace, religion, nationality, political opinion, social group, sexual persuasion

    Klasko, Rulon, Stock & Seltzer, LLP

    LotteryOnly specified countriesOne year windowwww.travel.state.gov

    Klasko, Rulon, Stock & Seltzer, LLP

    Permanent Resident Status Investment(EB-5)http://www.eb5immigration.com No quota delayAmount of investment$1,000,000 or$500,000 in targeted employment area

    Klasko, Rulon, Stock & Seltzer, LLP

    Permanent Resident Status Investment (EB-5)Type of investmentGenerally cashAt riskCannot use debt with investment enterprise as collateral

    (contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Permanent Resident Status Investment (EB-5)Type of businessActive businessNew business or expansion of existing business40% increase in net worth or number of employees(contd)

    Klasko, Rulon, Stock & Seltzer, LLP

    Permanent Resident Status Investment (EB-5)

    Employment creation10 new or 10 additional full-time jobsU.S. citizens or permanent residentsSaving 10 jobs in troubled business

    (contd)

    Klas