Hot Topics in Immigration 2008 Tuesday, October 21, 2008 H. Ronald Klasko, Esq. Klasko, Rulon, Stock...

Hot Topics in Immigration 2008

Tuesday, October 21, 2008

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

Philadelphia New York1800 JFK Blvd., 17th Floor 317 Madison Ave. Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840

[email protected] 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 leading universities, research institutions, hospitals, multinational corporations, and individuals 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 recipients 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 and 2008 editions 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.


Introduction / Hot Topics

Immigration in the newsSystem brokenProspects for change


Quotas

H-1B H-2B Immigrants (green cards)


E-Verify

What is it? Advantages / disadvantages Why important

Pending legislationState legislationGovernment contractors ICE raidsOPT extension


EB-5s (Investors)

Individual Regional centers


Options for Corporate Hires / Transfers

L-1 (Intracompany transferee)Corporate relationship (parent, subsidiary,

affiliate, branch office)One year employment abroadExecutives, managers, specialized knowledge

employees onlyExecutives/managers – 7 years (3/2/2)Specialized employees – 5 years (3/2)


Options for Corporate Hires / Transfers

Start-up companies – 1 year initiallyMultinational manager green card option for

executives/managers onlyL-2 spouses can workDual intent for green card applicants

(cont’d)


E-2 (Treaty Investor) or E-1 (Treaty Trader) Companies

Only for nationals of treaty countries Company must be approved first

Nationality Substantial investment or substantial trade

Individual employees – managers, supervisors, essential skill employees

Visa one to five years; each entry two years E-1/E-2 spouses can work Modified dual intent


H-1B (Professional employees)

Specialty occupation Bachelors, bachelors equivalent or advanced

degree Quota

65,000 plus 20,000 for US advanced degrees Apply April 1; effective October 1 OPT can continue working Exemptions from quota Alternative options


H-1B (Professional employees)

H-1B portability Six years (3/3)

Possible extensions if green card in process H-4 spouses cannot work Dual intent for green card applicants

(cont’d)


O-1 (Extraordinary ability)

Standard very high Uses

In lieu of H-1BH-1B 6 years expiringJ-1 with two-year return requirementPrecursor to green card (EB-1)


Permanent Residence

General issues

Quotas Preference (EB-1, 2, 3) Country

Processing times When to start Travel issues Spouse and children issues


Permanent Residence

Multinational managersEB-1One year of active business operations

Extraordinary abilityEB-1Self-sponsored or employer-sponsored

National interest waiverEB-2Self-sponsored or employer-sponsored

(cont’d)


Permanent Residence

Labor certification (PERM)EB-2 or EB-3Employer must file and pay legal fees and

advertising costsElectronic filing/audit systemTimingRequirements

(cont’d)


Options for Individual Entrepreneurs and Investors

L-1 start-up company E-1/E-2 start-up company EB-5


Individual EB-5s

Amount of investment $500,000 or $1,000,000

New commercial enterprise Starting new business Acquiring/reorganizing business Expanding business – 40% of net worth or employees

Creating employment Adding 10 full-time jobs for U.S. workers Maintaining jobs for troubled businesses


Individual EB-5s

Involvement in the business Lawful source of funds/tracing of funds Conditional permanent residence

Condition removal

(cont’d)


Regional Center EB-5s Very successful program

U.S. – investment dollars and jobs Individual – best or only solution for many

Pilot program Extension pending

Advantages Usually $500,000 Indirect employment creation Investment project pre-approved Can live/work anywhere


Regional Center EB-5s

Choosing regional center 30 approved Philadelphia and Seattle most successful

(cont’d)


Questions ?


For Further Information

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

[email protected]

215-825-8600 (Philadelphia)

212-796-8840 (New York)

www.klaskolaw.com

Hot Topics in Immigration 2008 Tuesday, October 21, 2008 H. Ronald Klasko, Esq. Klasko, Rulon, Stock...

Documents

Transcript of Hot Topics in Immigration 2008 Tuesday, October 21, 2008 H. Ronald Klasko, Esq. Klasko, Rulon, Stock...