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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 the Founder and Vice Chair of the Healthcare Interest Group of NAFSA. • 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 Visas • Employer sponsored • Standards • National or international reputation • Documentation • Reference letters • Length of approval • 3 years • Unlimited one year extensions • Spouses • O-3 cannot be employed

  10. Permanent Resident Status • Family • Employment • Investment • Asylum • Timing • Quotas / priority dates • Processing times

  11. Family • Spouse of U.S. citizen • No quota wait • EAD and AP within 3 months • All other relationships • Long quota wait • No interim benefits

  12. Investment • $500,000 or $1,000,000 • Individual investment or regional center

  13. Asylum • Individualized fear of persecution • Race, religion, nationality, political opinion, social group, sexual persuasion

  14. Lottery • Only specified countries • One year window • www.travel.state.gov

  15. Employer-sponsored or self-sponsored Labor certification or extraordinary/national interest/exceptional Multiple petitions Permanent Resident StatusEmployment

  16. Self-Sponsored Extraordinary ability EB-1 Standard National or international reputation “One of few at the top of peers” Key is defining field of expertise specifically Extensive documentation required Reference letters critical Permanent Resident StatusEmployment(cont’d)

  17. National Interest Waiver - Research EB-2 Standard Exceptional ability or advanced degree National priority National impact Extensive documentation required Reference letters critical Permanent Resident StatusEmployment(cont’d)

  18. National Interest Waiver - Clinical Shortage area 5 year commitment Permanent Resident StatusEmployment (cont’d)

  19. Permanent Resident StatusEmployment (cont’d) • Evaluating Eligibility • 1st listed author publications • Impact factor? • Citations • Presentations • 1st listed abstracts • Book chapters • Honors and awards • Manuscripts reviewer • Importance/narrowness of field of expertise • Referees

  20. Permanent Resident StatusEmployment (cont’d) • Choosing Referees • How many? • Good C.V.’s • Prestigious institutions • Geographical diversity • One per institution • Impartiality

  21. Permanent Resident StatusEmployment (cont’d) • Other Factors • Not a peer review process • Importance of job title? • Importance of employer sponsorship? • File now, or wait?

  22. Labor Certification Application (PERM) EB-2 or EB-3 Employer must: Pay attorney fees and advertising costs Define “minimum requirements” Engage in required recruitment (approximately 4-5 months) Interview U.S. worker applicants Prove unavailability of qualified, interested, and available U.S. worker Pay prevailing wage Permanent Resident StatusEmployment(cont’d)

  23. Timing Electronic filing 8 months? Possibility of audit First of three steps Importance of filing before end of 5th year in H-1B status Permanent Resident StatusEmployment(cont’d)

  24. I-140 Petition 1st step for EB-1 and national interest waiver 2nd step for PERM Employee documents education and experience If adjustment of status, file concurrently with I-485 if quota current If consular immigrant visa processing, approval sent to National Visa Center Permanent Resident StatusEmployment(cont’d)

  25. I-485 (Application for Adjustment of Status to Permanent Resident) Cannot file until quota is current Importance of filing Do not need to maintain visa status Can file for spouse and child Can get Employment Authorization Document (EAD) Permanent Resident StatusEmployment(cont’d)

  26. Can get advance parole travel document Eliminate need to obtain visas Can still maintain and extend H-1B status Can leave employer if I-140 approved I-485 pending 180 days Similar occupation Permanent resident upon approval Timing and delay issues Permanent Resident StatusEmployment(cont’d)

  27. 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

  28. Questions ?

  29. 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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