Permanent Residence Handled by Outside Counsel. Kathleen Grzegorek Certified Specialist in Immigration & Nationality Law
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1 Permanent Residence Handled by Outside Cunsel Kathleen Grzegrek Certified Specialist in Immigratin & Natinality Law
2 Terminlgy Permanent Residence Lawful Permanent Residence (LPR) status Green Card Live and wrk in the US indefinitely Can als lse this status Abandning residence Staying ut f the US fr 6-12 mnth perid (with exceptins) Criminal cnvictins Retain citizenship f hme cuntry 2 Stne Grzegrek & Gnzalez LLP, 2014
3 Different Paths t Permanent Residence Family Relatinships Spuse, Parent, Adult Sn/Daughter, Sibling Majrity f Green Cards given in Family Categry Investr Visas $500,000 (Reginal Center Investment Pl) t $1,000,000 (wn business) depending n investment Create jbs fr 10 US wrkers 2 year cnditinal residence Diversity Visa Prgram ( Lttery ) Held every year usually Octber t December Other (Asylum, Refugee, etc.) 3 Stne Grzegrek & Gnzalez LLP, 2014
4 Necessity f Planning Ahead If yu plan n staying in the United States lng-term, need t plan ahead It can take frm 1.5 t 10+ years t btain Permanent Residence depending n the preference categry and yur place f birth Sme natinalities such as India and China have lnger wait Can have H-1B status fr 6 years, but mre time is pssible IF yur green card applicatin is filed befre yu enter the 5 th year 4 Stne Grzegrek & Gnzalez LLP, 2014
5 Emplyment Based Green Card Categries Emplyment Based 1 st Preference (EB-1) Emplyment Based 2 nd Preference (EB-2) Emplyment Based 3 rd Preference (EB-3) 1. Extrardinary Ability (can be self-petitining) 2. Outstanding Prfessr/Researcher (emplyer spnsred) 1. Advanced Degree (labr certificatin required emplyer spnsred) 2. Natinal Interest Waiver (n labr certificatin required can be selfpetitining) Bachelr s Degree Skilled wrker
6 When Shuld Yu Cnsider Self-Spnsrship If an emplyer is unwilling t spnsr yu since the jb is temprary Emplyer spnsred categries require a permanent jb ffer Yu d nt want t be tied t the emplyer fr a certain length f time It can take 1.5 r mre years t prcess permanent residence The emplyer is new r future unstable Can be an issue with startups Payment f Fees Emplyer unwilling t pay Sme categries such as thse invlving labr certificatin require the emplyer t pay legal fees 6 Stne Grzegrek & Gnzalez LLP, 2014
7 First Preference Extrardinary Ability Level f expertise indicating that the persn is ne f the small percentage wh has arisen t the very tp f the field f endeavr Narrw the field Nt just Astrphysicist Astrphysicist in Csmic Micrwave Backgrund Helpful t be at least a few years ut frm Ph.D. and nt a recent graduate Will cntinue wrk in the area f extrardinary ability Wrk will substantially benefit prspectively the United States Sustained natinal r internatinal acclaim and whse achievements have been recgnized in the field thrugh extensive dcumentatin 7 Stne Grzegrek & Gnzalez LLP, 2014
8 At Least 3 f the Fllwing Categries Must Be Dcumented: Receipt f majr prizes r awards Include nly awards given during yur prfessinal career, awards given while yu were a student are nt recgnized fr immigratin purpses Evidence f membership in assciatins that require utstanding achievement Include assciatins where yu are invited t be a member r there are sme distinguishing criteria fr membership based n yur standing in the field Gd Natinal Academy f Sciences Bad thse that nly require a fee fr membership r a degree IEEE, American Physical Sciety, etc. 8 Stne Grzegrek & Gnzalez LLP, 2014
9 Extrardinary Ability Criteria - Cntinued Published material in prfessinal publicatins written by thers abut yur wrk Citatins d nt cunt here, but, if yu were quted and/r featured in either trade r general publicatins in the US r abrad TV interviews, ther press Evidence f yur participatin as a judge f the wrk f thers Referee n Jurnal Articles Asked yu specifically nt yur advisr Other editrial wrk (Assistant Editr) Cmmittees n grant prpsals Cnference rganizing cmmittees Telescpe Allcatin cmmittees 9 Stne Grzegrek & Gnzalez LLP, 2014
10 Extrardinary Ability Criteria - Cntinued Evidence f riginal scientific research Citatin Index Times cited Impact factr f jurnal Can als describe jurnal ranking Physical Review Letters is the 9 th highest ranked jurnal in the field f physics and astrnmy ut f 210 jurnals Imprtant articles that cited yur wrk Patents Include whether prvisinal, full, US r internatinal Indicate if it is being applied cmmercially Principal r C-Principal Investigatr Talks, particularly invited talks Measurements such as h-factr 10 Stne Grzegrek & Gnzalez LLP, 2014
11 Big Science and Dcumenting Specific Scientific Cntributins Issue with bth Extrardinary Ability and NIW petitins is the rle f an individual within a large science prject Explain the prject, gals, budget, participants, etc. Describe the Jb versus the Rle within the prject Describe hw publicatin f results is handled JPL/NASA awards 11 Stne Grzegrek & Gnzalez LLP, 2014
12 Extrardinary Ability Criteria - Cntinued Testimny frm schlars r public figures regarding yur cntributins Letters frm the US and abrad, academia, industry and/r gvernment research institutins Peple with whm yu have cllabrated and peple with whm yu have n cnnectin Letters d nt need t be f recent date, yu can gather letters nw even if yu wn t be filing the case fr a few years CV f letter writer is helpful 12 Stne Grzegrek & Gnzalez LLP, 2014
13 Extrardinary Ability Criteria - Cntinued Authrship f schlarly bks r articles in the field Articles Explain hw authrs are listed fr particular field Bks r chapters in bks Abstracts and cnference prceedings given less weight 13 Stne Grzegrek & Gnzalez LLP, 2014
14 Secnd Preference Natinal Interest Waiver The nrmal requirement f an apprved labr certificatin may be waived if it can be demnstrated that it wuld be in the natinal interest t d s Saves much time and allws self-spnsrship Must have Masters r Ph.D. A few exceptins fr thse with much experience Wrk must be in the Natinal Interest such as: Imprving the U.S. ecnmy Imprving health care Imprving the envirnment f the U.S. and making mre prductive use f natural resurces Invlving a request frm an interested U.S. gvernment agency 14 Stne Grzegrek & Gnzalez LLP, 2014
15 Extensive Dcumentatin Required Dcumentatin wuld include everything fr the First Preference plus evidence that: Requiring a labr certificatin is against the natinal interest Yur research is f substantial intrinsic merit Must shw yur wrk individually is f merit nt just a member f a grup that has merit Yur wrk is natinal in scpe 15 Stne Grzegrek & Gnzalez LLP, 2014
16 Requiring a labr certificatin is against the natinal interest Cngress created the natinal interest waiver in rder t address the limitatins f the labr certificatin prcess The labr certificatin prcess serves the natinal interest by prtecting United States jbs and preventing freign natinals frm immigrating where there is a willing, able, and minimally qualified United States wrker. Hwever: There are freign natinals wh prvide unique and substantial benefits t an entire field f endeavr abve and beynd what culd reasnably be expected as part f the jb Certain psitins, especially thse in the science and engineering fields, clearly emphasize natinal cntributins and demand the best and mst qualified applicants 16 Stne Grzegrek & Gnzalez LLP, 2014
17 Requiring a labr certificatin is cntrary t the natinal interest because Time Cnstraints The labr certificatin prcess is lng Demnstrate participatin in the labr certificatin prcess wuld result in great expenditure and lss f time t train a new emplyee fr the psitin wh is unlikely t be familiar with the prjects already being cnducted Difficult r Impssible t Quantify Skills and Experience Qualities that are extremely rare, due t the specialized nature f research Cmbinatin f skills/experience is rare Fr example: The wrk requires the melding f mdeling expertise, and data analysis paired with utstanding sftware engineering skills Security Issues Any special cnsideratins such as advancing the research is hampered by security clearance requirements 17 Stne Grzegrek & Gnzalez LLP, 2014
18 Substantial Intrinsic Merit Defining substantial intrinsic merit Research that is inherently beneficial Demnstrating yur research is f substantial intrinsic merit Describe the research in detail fr a general audience Use simple t understand graphs, phts, etc. JPL has sme stunning and breathtaking phts! Fcus n the prpsed emplyment and nt just qualificatins and past wrk This is particularly imprtant with entrepreneurs 18 Stne Grzegrek & Gnzalez LLP, 2014
19 Natinal in Scpe Research is f natinal r internatinal impact Nt just a lcal prblem Funding Can shw the backing f an interested gvernment agency t demnstrate natinal imprtance Gvernment spnsred studies regarding targeted research areas 19 Stne Grzegrek & Gnzalez LLP, 2014
20 What Categry, Extrardinary Ability (EB-1) r Natinal Interest Waiver (EB-2)? Visa Backlg If India r China natinal, want t file under EB-1 given significant backlg in EB-2 Timing Issues Prcessing times fr bth categries are at least 4 6 mnths Can premium prcess (an extra $1,225) an EB-1 but nt an NIW Strength f Evidence NIW standard is slightly lwer, sme impact n the field as a whle, while EB-1 is majr significance t the field 20 Stne Grzegrek & Gnzalez LLP, 2014
21 Applying in Mre Than One Categry Yu can apply under mre than ne categry, the dcumentatin is similar If unsure, what categry, r, applying in bth, ask letter writers t cver bth extrardinary ability and why yur wrk is in the natinal interest 21 Stne Grzegrek & Gnzalez LLP, 2014
22 Timeline fr Entire Permanent Residence Prcess Frm I-140 petitin Apprximately 2 weeks t 6+ mnths Add in time if a Request fr Evidence (RFE) is issued Can require a simple r cmplex respnse Adjustment f Status Apprximately 4-6+ mnths Can file adjustment cncurrently with I-140 Petitin t save time Hwever, if I-140 is denied, then I-485 is denied 22 Stne Grzegrek & Gnzalez LLP, 2014
23 First Step File I-140 Petitin Decisin Apprval Request fr Further Evidence (RFE) USCIS may request further dcumentatin r clarificatin n certain pints befre it will make a decisin Denial Des nt bar future applicatins, hwever, it des need t be listed n the future applicatin Yu shuld shw that there is new dcumentatin, new research, etc. that was nt available fr the first petitin 23 Stne Grzegrek & Gnzalez LLP, 2014
24 Secnd Step Adjustment f Status Adjustment f Status Can als file fr emplyment authrizatin dcument (EAD) and travel dcument (advance parle) fr yu, as well as yur spuse and children Nrmally takes 3 mnths t prcess Usually takes 6-8+ mnths Medical exam and ptential interview can be dne where yu live in the US 24 Stne Grzegrek & Gnzalez LLP, 2014
25 Variables in Prcessing Times Visa Bulletin Visa Quta System Security Clearances and Backgrund Checks Family Situatins USCIS dependent variables Depending n numerus utside factrs such as legislatin, USCIS wrklads, etc. case prcessing times can vary 25 Stne Grzegrek & Gnzalez LLP, 2014
26 Apprval/Denial Rates Apprval Rates fr I-140 Petitins in the Extrardinary Ability Categry is 62% (mst recent year available) The numbers include cases that aren t cmparable such as cases in business, arts, etc. If yur case is weak Wait until yu have mre experience, research results, etc. Find an emplyer Generally, an emplyer spnsred petitin wuld have a better chance f success than a self-spnsred petitin because f lwer standard (extrardinary ability v. utstanding researcher that has a 91% apprval rate) 26 Stne Grzegrek & Gnzalez LLP, 2014
27 Family Situatin Spuse and unmarried children under 21 years are included in yur case Hwever, if yu marry after receiving permanent residence, wait list fr spuse is apprximately 1+ years Same sex spuses nw allwed t btain permanent residence thrugh spuse 27 Stne Grzegrek & Gnzalez LLP, 2014
28 Entrepreneurs N entrepreneur categry f immigratin N neat fit in law fr entrepreneurs; perceptin is that administratin f immigratin laws is in hands f enfrcement first bureaucracy, and advancement f entrepreneurship is nt a pririty Insufficient immigrant visa allcatin causes severe backlg and leads t Brain Drain Likely nly a small number in backlg wuld qualify fr an entrepreneur visa 28 Stne Grzegrek & Gnzalez LLP, 2014
29 Ptential Changes Targeted at Entrepreneurs - Elements Clarify the standard by which a natinal interest waiver may be granted t freign inventrs, researchers and funders f start-up enterprises t benefit the U.S ecnmy Authrize parle, n a case-by-case basis, t eligible inventrs, researchers and funders f start-up enterprises wh may nt yet qualify fr a natinal interest waiver, but wh: Have been awarded substantial U.S. investr financing; r Otherwise hld the prmise f innvatin and jb creatin thrugh the develpment f new technlgies r the pursuit f cutting-edge research 29 Stne Grzegrek & Gnzalez LLP, 2014
30 Hw Much Des it Cst? Immigratin attrneys charge either n a fixed fee basis r based n the amunt f time spent n the case Balance csts against the reputatin f the law firm and its track recrd Many emplyers will pay immigratin fees r part f the fees Gvernment Filing Fees I-140 Petitin $580 Additinal $1,225 fr premium prcessing (EB-1) I-485 Applicatin $1, Stne Grzegrek & Gnzalez LLP, 2014
31 Stne Grzegrek & Gnzalez LLP Our Firm Frmed in 2005 by Lincln Stne and Kathleen Grzegrek Is a Full-Service immigratin firm Can d mst types f immigratin cases Active vlunteer and public service wrk Diverse grup f 24 highly qualified attrneys 5 are Certified Immigratin Specialists 40 supprt staff Fluent in Arabic, Armenian, Cantnese, Farsi, French, Gujarati, Hindi, Italian, Japanese, Krean, Mandarin Chinese, Russian, Spanish, Tagalg, Urdu and Vietnamese Lcated in dwntwn Ls Angeles 31 Stne Grzegrek & Gnzalez LLP, 2016
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