H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1601 Market Street, Suite 2600 317 Madison Avenue, Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 [email protected]www.klaskolaw.com Students, Students, Entrepreneurship Entrepreneurship and Visas and Visas Friday, October 10, 2014
36
Embed
H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP PhiladelphiaNew York 1601 Market Street, Suite 2600317 Madison Avenue, Suite 1518 Philadelphia,
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP
Philadelphia New York1601 Market Street, Suite 2600 317 Madison Avenue, Suite 1518Philadelphia, PA 19103 New York, NY 10017215.825.8600 212.796.8840
Ron Klasko is the Managing Partner of Klasko, Rulon, Stock & Seltzer, LLP and has been providing immigration assistance and solutions to universities for over 30 years.
Ron is a past National President of the American Immigration Lawyers Association and served for 3 years as the bar association’s 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 30 universities and hospitals to address students and scholars.
Ron has been selected as one of six top tier immigration lawyers in the US by Chambers Global and the firm has been selected as a top tier immigration law firm by U.S. News and World Report. He is selected annually for inclusion in Best Lawyers in America. The International Who’s Who of Business Lawyers Corporate Immigration Law edition selected Ron as one of the three “most highly regarded” immigration lawyers in the world from 2007 to 2013. He is a frequent author and lecturer on 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. He has helped thousands of students navigate the complicated process of obtaining working visas and green cards.
Klasko, Rulon, Stock & Seltzer, LLP
2014 Issues
More job offers H-1B quota issues Tensions for investors and entrepreneurs
between: Obama Administration support vs. USCIS restrictive attitudes
Legislative inaction
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Employment Options for the F-1 Student
20 hours per week on campus OPT after complete studies Options for the entrepreneur
On-campus employment must be services for students OPT employment must be related to studies
Starting company while a student See “Murky F-1 Employment Issues”
(http://www.klaskolaw.com)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H-1B – General Issues
General requirements Procedure and processing time Length of approval and extensions H-1B portability Travel – dual intent
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Quota
Past years 2014 What it means Employment during “cap gap”
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Issues for Start-Up Business
Must establish company with employer tax I.D. number
Company can be 100% owned by H-1B employee Must be W-2 employee Company separate entity from owner/employee Independent Board of Directors or other mechanism
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Issuesfor Start-Up Business
Company must prove
Financial ability to pay salary Profits and/or capitalization
Real job to be done by H-1BPlace of business
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Issuesfor Start-Up Business
Importance of business plan/financial projections Other employees helpful – not required Prevailing Wage
CEO vs. function-descriptive position
“Specialty Occupation” Use of concepts learned in courses
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
H-1B Issuesfor Search Funds
Proving real business Proving 3 years Job description Specialty occupation Other issues
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Other Nonimmigrant (Temporary) Options Treaty (E) Visas
Must be national of treaty country http://www.travel.state.gov./visa
Company must be owned at least 50% by treaty country nationals
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
(cont’d)
Other Nonimmigrant (Temporary) Options Treaty (E) Visas
Visa for 1 to 5 years Each entry limited to two years Visa and entry can be extended indefinitely
No quota Spouse can work
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Treaty traders (E-1) “Substantial” import or export Majority between U.S. and treaty country Can be manager, supervisor or “essential skill”
employee
(cont’d)
Other Nonimmigrant (Temporary) Options Treaty (E) Visas
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Other Nonimmigrant (Temporary) Options Treaty (E) Visas
Treaty investors (E-2) “Substantial” investment
No exact amount Varies depending upon type of investment Relevant issues
Amount of investment Number of employees Needs of business Likely profitability and growth potential
Business plan and financial projections critical
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Visa applicant can beInvestor orManager, supervisor or essential employee
(cont’d)
Other Nonimmigrant (Temporary) OptionsTreaty (E)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Intracompany Transferee(L-1) Visas
National of any country No quota Length of visa
Start up 1 year Established business 3 years Maximum length 7 years
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Intracompany Transferee(L-1) Visas
Spouse can work Must be “international” business
Business outside U.S. with at least 50% common ownership
Must be employed by that business one year Type of employment (in U.S. and overseas companies)
Manager or executive “Specialized knowledge” employee
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Intracompany Transferee(L-1) Visas
(cont’d) Start-up issues
Place of business Employees Capitalization Need for “manager” Business plan and financial projections
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Extraordinary Ability (O-1) Visas
National or international renown “One of a few at the top of his peers” Must be employer or agent
Can be own company Length of visa
3 years 1 year extensions Can extend indefinitely
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident Status
Family Employment Investment Asylum Lottery
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident Status Investment (EB-5)
http://www.eb5immigration.com
Amount of investment $1,000,000 or $500,000 in “targeted employment area”
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Two possibilities Individual investment
Requires 10 full time US citizen or permanent resident employees
Regional center investment Over 500 USCIS – approved regional centers Mostly $500,000 investment Indirect employment creation ok 90-95% of all EB-5 applications
(cont’d)
For more information, visit www.klaskolaw.com
Permanent Resident Status Investment (EB-5)
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident Status Investment (EB-5)
Lawful source of funds Extensive documentation required Can be gift
Must prove giftor's source of funds
Can borrow money
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident Status Investment (EB-5)
Nature of investor’s relationship to business Do not have to be employee (but can) Do not have to be owner (but can)
Cannot be purely passive Limited partner ok
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusEmployment
Employer-sponsored or self-sponsored Labor certification or extraordinary / national
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
Usually not available to owner of business
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusEmployment
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
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusEmployment
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)
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Permanent Resident StatusEmployment
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
(cont’d)
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
Materials
Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
For more information, visit www.klaskolaw.com
Klasko, Rulon, Stock & Seltzer, LLP
For Further Information
H. Ronald Klasko, Esq.Klasko, Rulon, Stock & Seltzer, LLP
Offices:Philadelphia New York1601 Market Street 317 Madison Avenue Suite 2600 Suite 1518Philadelphia, PA 19103 New York, NY 10017
Klasko, Rulon, Stock & Seltzer, LLP
www.klaskolaw.com
www.eb5immigration.com
www.eb1immigration.com
www.worksite-compliance.com
http://blog.klaskolaw.com
online
Klasko, Rulon, Stock & Seltzer, LLP
DISCLAIMER / COPYRIGHT NOTICE
The materials contained in this PowerPoint does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.