Nataliya Rymer, an Associate in the Firm’s Philadelphia office, focuses her practice on employment-based and family-based immigration

Nataliya Rymer, an Associate in the Firm’s Philadelphia office, focuses her practice on employment-based and family-based immigration. 

• Nataliya Rymer, an Associate in the Firm’s Philadelphia office, focuses her practice on employment-based and family-based immigration. 

• Nataliya received her law degrees from Temple University (J.D., 2005; LL.M., Transnational Law, 2006) and her Bachelor of Arts Degree in Psychology from Boston College (2000). Nataliya is currently admitted to practice law in New York.  She is also admitted to practice before the U.S. District Court for the Southern District of New York and the U.S. Court of Appeals for the Second Circuit, and she is a member of the American Immigration Lawyers Association. 

• Nataliya has experience in a wide range of immigration matters, including labor certification applications, nonimmigrant visas, employment-based and self-sponsored immigrant petitions, family-sponsored immigrant petitions, waivers of inadmissibility, removal defense, asylum, and federal court litigation for immigration issues.

Procedure and processing times

• Procedure and processing times

• LCA delays

• Quota issues

• Part-time or full-time

• Length of approval

• Extensions

• Portability

• Spouses

What is it, and what does it mean?

• What is it, and what does it mean?

• Separate quota for US-educated advanced degree holders

• Separate options for Canada, Mexico, Australia, Chile and Singapore

• Prospects for change

• Timing

• April 1 filing date
• October 1 start date

Quota-exempt employment

• Quota-exempt employment

• Strategies to enhance chances of getting H-1B

• Alternative visa options

• Applying for permanent residence directly

Who is not subject to the quota?

• Who is not subject to the quota?

• Universities
• Nonprofit institutions affiliated with universities
• Employed “at” university
• Nonprofit or government research organization
• Concurrent employment
• Previous H-1B

Change of status vs. consular visa issuance

• Change of status vs. consular visa issuance

• Travel after April 1

• Maintaining status until October 1

Potential Problems

• Potential Problems

• Intent to return – F & J vs. H &O
• Visa interview delays
• Security clearances
• Technology Alert List
• 222(g)

• Airport Questioning

• Proving employment
• Terms and conditions of employment
• Knowledge of H-1B petition

Authorization to Live & Work Indefinitely in the United States

• Authorization to Live & Work Indefinitely in the United States

• “Immigrant Visa”

• The “Green Card” or “Form I-551”

• Not always ‘forever’ – may be abandoned or taken away

Immigrant Visa

• Immigrant Visa

• Green Card / Permanent Residence

• Non-Immigrant Visa (NIV)

• H, F, J, O, etc
• Limited duration
• Specific to employer/institution
• Specific to purpose (work/study/tourism)

Annual Limit on Permanent Residency

• Annual Limit on Permanent Residency

• Per Country Limit – 7%

• Allocated by:

• Priority Date – place in line
• Preference Category

Family

• Family

• Investment

• Asylum

• Employment

• DV Lottery

Employment Based Preferences

• Employment Based Preferences

• First Preference (EB-1)
• Extraordinary Ability, Outstanding Researcher, Multinational Executive
• Second Preference (EB-2)
• Nat’l Interest Waivers, Advanced Degreed Professionals, Bachelors plus 5 years experience
• Third Preference (EB-3)
• Skilled Worker (2+ years experience), Bachelor’s Degree

Visa Bulletin for May 2012

• Visa Bulletin for May 2012

“Oversubscribed” versus “Available”

• “Oversubscribed” versus “Available”

• Available if:
• Visa Bulletin indicates “C” = current
• Priority date earlier than posted date
• FY2012 Forecast
• EB-2
• China – no further movement until FY 2013
• India – no further movement until FY 2013
• EB-1 – expected to remain current

Employer-sponsored or self-sponsored

• Employer-sponsored or self-sponsored

• Extraordinary/National Interest/Exceptional

• Multiple petitions

• Multi-Step Process

• Non-Immigrant Status?

Extraordinary Ability/EB-1 (I-140, filing fee $580)

• Extraordinary Ability/EB-1 (I-140, filing fee $580)

• “One of a Few at the Top”
• Factors Considered in Initial Evaluation
• 1st authored articles/impact factors
• Citations to 1st authored work
• Conference Presentations
• Peer Review/Manuscript Review Work
• References from independent Experts
• Documenting Regulatory Criteria
• Preparation/Processing Times

National Interest Waiver/EB-2 (I-140, filing fee $580)

• National Interest Waiver/EB-2 (I-140, filing fee $580)

• Three Prong Test
• Field is of Substantial Intrinsic Merit
• National Impact of Your Contributions
• You Are “Substantially Better” Than Your Peers
• Preparation/Processing Times

Outstanding Researcher/EB-1 (I-140, filing fee $580)

• Outstanding Researcher/EB-1 (I-140, filing fee $580)

• Similar to Extraordinary Ability
• At least 3 Years experience
• Permanent job offer
• Qualified Employers:
• Academic Institutions
• Industry
• At least 3 FT researchers
• Recognition in field

Timing

• Timing

• Preference categories/quotas
• Priority dates
• Processing times

• Concurrent filing (I-140/I-485)

• I-485 filing fee $1,070, includes:

• Employment authorization (I-765)
• Advance parole (I-131)

Travel

• Travel

• Extensions of Status

• Dependents

• Eligibility for OPT

Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.

• Please visit www.klaskolaw.com to download this PowerPoint presentation and relevant articles.

Nataliya Rymer, Esq.

• Nataliya Rymer, Esq.

• Klasko, Rulon, Stock & Seltzer, LLP

• E-mail: [e-mail]

• Telephone: [phone] (Philadelphia)

• 212-796-8840 (New York)

• Website: www.klaskolaw.com

• www.eb1immigration.com

• www.eb5immigration.com

• Blog: http://blog.klaskolaw.com

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.

• 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.

• Copyright © 2012 Klasko, Rulon, Stock & Seltzer, LLP. All rights reserved.