Bringing the World to Catholic

Transcription

1 Bringing the World to Catholic Basics of Hiring Foreign Nationals Laura Simkiss International Student & Scholar Services

2 Who are we?

3 International Student & Scholar Services Welcome & Cultural Adjustment Institutional compliance with immigrationrelated regulations Immigration advising & processing immigration benefits

4 Student Support Programs Informational Workshops OPT Taxes Employment Academic Support Workshop on academic integrity, Writing skills Close collaboration with Center for Academic success Identifying international students facing academic difficulty early in semester Cultural Adjustment Support Partnering with counseling center Streamline referral process between Dean of Students office, ISSS & Counseling On-going workshops

5 Social Activities for Students & Scholars Monthly Coffee Hours International Week Events Thanksgiving celebration Nationality Club Advising & Support

6 Success in the Numbers Students 605 F-1s 25 J-1s Scholars & other Foreign National Employees 65 J-1s 25 H-1Bs 1 O-1 & 2 TNs 10 LPRs

7 Learning Objectives & Expectations Understand basic information needed to determine which visa is appropriate for your request Receive an overview of relevant immigration regulations Know the roles of the Sponsoring department, ISSS, & the Employee/Scholar Be familiar with steps in requesting a J-1 and H-1B

8 Immigration Basics Introduction to US Immigration System J-1 Exchange Visitor Program H-1B Professional Working Visas Employment-Based Immigration Labor Certification

9 Today s focus: 3 Groups in the US Citizens Immigrants Nonimmigrants

10 Immigrants Green card holders Permanent residents Immigrants Coming to US permanently Numerically limited Visa bulletin Priority date

11 Nonimmigrants Coming to the US temporarily Nonimmigrant intent J-1 Scholar Dual intent - only for H s and L s Important Visas to Know: H-1B, J-1, O-1 Immigrants vs. nonimmigrants

12 Purpose of J-1 Program Fulbright-Hayes Mutual Educational & Cultural Exchange Act 1961 Not intended for mutual understanding between the people of the U.S. and other countries. to fill long-term positions; for tenure-track positions; to avoid H-1B wage requirements.

13 Why Does it Need a Crosscultural Component? Through The Catholic University s Program sponsor designation We are entrusted to implement a cultural exchange program in collaboration with host organizations, partners and participants, themselves.

14 J-1 Categories & Durations J-1 Category Purpose Time Limits Professor Primarily teach, lecture, observe, or consult. May also conduct research. 3 weeks - 5 years Research Scholar Primarily conduct research, observe, or consult in connection with research project. May also teach. 3 weeks - 5 years Short-term Scholar Professor or Research Scholar on shortterm trip to lecture, observe, consult, train, or demonstrate special skills. 1 day to 6 months

15 J-1 Exchange visitor Eligibility Education: Bachelor s minimum Proof of English language proficiency Experience & professional credentials $2,000/month Dependents: $600/month

16 Medical Insurance Requirements $100,000 medical benefits per person per accident/illness $25,000 for repatriation of remains, in event of death in U.S. $50,000 for medical evacuation in event of illness $500 or less in deductible per accident/illness

17 Research Scholar & Professor Restrictions 12-month bar: after previous J participation 2-year bar: Research Scholar/Professor repeat participation

18 2-year Home Country Physical Presence Not all J-1 status holders are subject to requirement 3 ways to be subject Skills List Government funding Foreign Medical Graduates

19 2-year Home Country Physical Presence Individuals subject cannot: change from J to anything else (except A or G) inside the US apply for an H or L visa become a permanent resident

20 The J-1 Sponsorship Process 1. Department and Scholar complete & submit respective portions of the J request forms to ISSS with supporting documentation. 2. ISSS creates record in Student and Exchange Visitor Information System (SEVIS) and issues DS ISSS returns DS-2019 and relevant information to requesting School/Department to be sent to Scholar. 4. Scholar or School/Department pays SEVIS fee. 5. Scholar processes visa application (if outside U.S.) 6. Scholar enters the U.S. and is granted J-1 status at the U.S. Port of Entry.

21 J-1 supporting documents Part A - Completed by Sponsoring Department Part B - Completed by the International Scholar Copy of CV/resume Copy of educational documentation Copy of passport Copy of invitation letter from Department Copy of financial documentation showing ability to cover costs (for any funds NOT provided by Catholic)

22 J-1 Costs and Timeframes Costs $180 SEVIS Fee (must be paid by anyone prior to submission of visa application) Visa application Fee Any reciprocity fee Timeframes: Relatively quick After receiving completed request forms and supporting documentation, ISSS processes J-1 requests in 5 7 days Government processing times for the applications

23 J-1 Transfers Department: J-1 Request Form to ISSS Scholar: Request Form, Transfer Form, copy of passport, medical insurance If funded through source other than CUA, Scholar submits evidence of financial support for duration requested ISSS produces new DS2019 for J-1 Scholar 5 7 days * Can request up to the full remaining time possible for J category

24 J-1 Extensions Department submits J-1 Extension Request Form to ISSS Department/Scholar submits copy of passport, medical insurance If funded through source other than CUA, Scholar submits evidence of financial support for duration requested ISSS produces new DS2019 for J-1 Scholar 5 7 days * Can extend up to the full amount of time possible for J category

25 J-1 Reporting Requirements Catholic University must report the following: Scholar's arrival in the US Changes in Scholar's name and home address Changes in the activities Changes in locations of activities Authorization for incidental lectures & consultations Changes in funding Any extensions of stay Early departure from the US Out-of-country participation * Incident Reporting *

26 Applying for a Visa Citizens of all countries except Canada Visa Waiver: citizens of some countries not requiring a visitor visa when coming to US as a visitor for business or pleasure for less than 90 days Visas obtained at US consulate outside US Varies from one country to another. Scholar should research requirements 2-minute interview to tell their story

27 J-2 Dependent Work Authorization Adjudicated by USCIS: Duration varies Submit forms and filing fee: $410 Application process: 90+ days EAD (Employment Authorization Document) Card issued by mail

28 H-1B Professional Working Visa

29 H-1B Professional Working Visa (1) theoretical and practical application of highly specialized knowledge and Temporary (nonimmigrant) workers in specialty occupations that require: (2) attainment of a bachelor's or higher degree, or equivalent experience, in the specific specialty for entry into the occupation.

30 H-1B Professional Working Visa At Catholic: Full-time positions only Lecturers & Adjuncts generally not supported Long-term commitment (3 year increments)

31 H-1B Duration 6 years total (3 year increments) Extensions beyond 6 th year MAY be possible

32 H-1B: Costs Costs paid by the Department H-1B Filing Fee (Form I-129) (all H petitions subject): $460 Anti-Fraud Fee : $500 Any associated legal fees A separate check must be cut for each filing fee Costs paid by the Employee OR the Department OPTIONAL Premium Processing Fee: $1,410 IF applicable: Change of Status/Extension for H-4 Dependents (1 fee covers all dependents): $370 Costs paid by the Employee Visa application Fee and Any reciprocity Fees.

33 The Required Wage Required prevailing wage defined by Department of Labor Wage depends upon: occupation level of responsibility relative wages paid by the University wages paid by area employers for the position

34 H-1B: The Required Wage Two wage comparisons Once these wage levels are determined, Required to pay the higher of either the actual wage or the prevailing wage. Must pay at least 100% of the prevailing wage.

35 The H-1b Sponsorship Process 1. Department submits H-1B Request form, Export Controls Addendum & Position Description to ISSS 2. ISSS sends online questionnaires to employee 3. Employee submits supporting documents and questionnaires 1. Credential Evaluation of diplomas 2. Immigration Documents 4. ISSS establishes employee s current immigration status, develops strategy for H-1B or other status 5. ISSS determines prevailing wage requirements for H-1B 1. Comparison of Prevailing and Actual wages 2. If no wage issues, ISSS prepares and sends posting notice to department 6. Department requests checks for filing fees 7. Department posts notices 8. ISSS submits Labor Condition Application to the Department of Labor 9. ISSS drafts departmental support letter. Sends to department. 10. ISSS prepares physical petition 11. Once LCA certified by DOL, ISSS obtains authorized signatures (Provost or VP Finance) 12. Department submits checks, support letters, and LCA s with Acknowledgements of Postings 13. ISSS mails petition

36 Export Controls Addendum Export Administration Regulations (EAR) International Traffic in Arms Regulations (ITAR) University policy: Export Controls Addendum Compliance: H-1Bs & O-1s

37 Employee s Required Documents Completed Online Questionnaires Copy of diploma or official student transcript (certified translation and/or credential evaluation) CV Copy of photo & biographical information page of passport Copy of Form I-94 Copies of immigration documents of any previously held status Subject J-1: waiver of two-year home country residence requirement (I-612 Approval on Form I-797) If in US, 3 most recent paystubs Currently in H-1B status: former Forms I-797 If Approved I-140 petition, copy of I-140 Approval Notice IF THERE ARE DEPENDENT FAMILY MEMBERS WHO ARE IN THE US (and wish to change to, or extend, H4 status) Form I-539 Evidence of current nonimmigrant status for each dependent applying for the change of status Copy of each I-94 card for family member Copy of marriage certificate and translation (if spouse is applying) Copies of Birth certificate(s), for a dependent child below the age of 21 Copies of the photo and biographical pages of passports Copies of previously issued visa stamps

38 Initiated no earlier than 6 months before requested start date on H-1B After receiving completed request forms and supporting H-1B: Timeframes documentation, +/- 30 days for ISSS processing: A A few few days days a few a few weeks: identify identify proper proper coding coding for for the the position position + establish + establish Prevailing wage; Prevailing wage; business business days: days: Post Post position position announcement announcement consecutive business days; consecutive business days; 7 business 7 business days: days: Electronically Electronically submit Labor submit Condition Labor Application Condition to Application Department to Department of Labor; of Labor; Obtain filing fees, letters and Obtain supporting filing fees, documents; letters & supporting A few days: documents; Prepare physical A petition few days: Prepare physical petition Government processing times for the applications: Current H- 1B: 9 10 months Optional Premium Processing: Guarantees a response (not a decision) within 15 calendar days Visa Processing times: Varies from US Consulate to Consulate

39 H-1B Change of Employer Same process as initial H-1B request Initiated no earlier than 6 months before requested start date on H-1B +/- 30 days for ISSS processing Portability* Government processing times: 9 11 months OR 15 calendar days * Employment with the new employer can begin on the later of the date the petition is received by USCIS or the requested employment start date of the petition, whichever is later

40 H-1B Extensions Same process as initial H-1B request Initiated no earlier than 6 months before requested start date on H-1B +/- 30 days for ISSS processing 240-day Rule * Government processing times: 9 11 months OR 15 calendar days * Can continue working for 240 days beyond expiration of current H-1B

41 H-4 Dependents Spouses & unmarried minor children (under 21) Study permitted Generally ineligible to work Certain H-4 spouses of H- 1Bs seeking employmentbased LPR status may apply for an Employment Authorization Document.

42 J-1 vs H-1B Processing times J-1 Lead time: 2+ months if outside the US 1 week if transferring from another sponsor H-1B Lead time: 2-3 months if already on H- 1B elsewhere or extending 9-11 months for new H-1B 2-3 months if premium (expedited) processed

43 Next Steps: Permanent Residency H-1B: To retain employee beyond 6 years: permanent residency process is next step. Special H-1B Extensions beyond 6 years

44 Employment-Based Immigration EB-1 Outstanding Professor/Researc her, Multinational Manager/Executive Outstanding Ability Alien (in arts, science, business, education or athletics) EB-2 Advanced Degree Professional and National Interest Waiver Labor Certification Required EB-3 Skilled and Professional Worker Labor Certification Required EB-4 Special Immigrant & EB-5 Immigrant Investor

45 Labor Certification * Test of US Labor Market to determine if US Citizen available * Must obtain official prevailing wage determination (8-10 weeks) * Then minimum 60-day recruitment period * Uses PERM Online Filing System * 6-12 month processing time (depending on if audited) * Filing of LC establishes priority date * Must meet minimum job requirements * Based on an OFFER of permanent, full-time employment

46 Questions? Laura Simkiss International Student & Scholar Services Pryzbyla, Room 201