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Hiring Internationals at IUHiring Internationals at IU
Presented by:
Charles Bankart
Assistant Director for Scholar Services
Rendy Schrader
Associate Director, Office for International Services
Non-ImmigrantNon-Immigrant Letters A-V, end date, restrictions Letters A-V, end date, restrictions B-1/B-2, F-1/F-2, J-1/J-2 are commonB-1/B-2, F-1/F-2, J-1/J-2 are common
Non-immigrant work visas:Non-immigrant work visas:– F-1 Practical TrainingF-1 Practical Training– J -1 Academic TrainingJ -1 Academic Training– J -1 Faculty or ResearcherJ -1 Faculty or Researcher– J -2 Spouse or ChildJ -2 Spouse or Child– H-1 Specialty OccupationH-1 Specialty Occupation– O-1 Extraordinary O-1 Extraordinary – TN (Treaty NAFTA --Canada/MexicoTN (Treaty NAFTA --Canada/Mexico
Knowing your options….Knowing your options…. Short-term VisitorsShort-term Visitors
– Visa waivers for business & tourist purposes (WB/WT)Visa waivers for business & tourist purposes (WB/WT)– Tourist and business visas (B-1 and B-2)Tourist and business visas (B-1 and B-2)– J-1 Visa for short-term visits (6 mths or less)J-1 Visa for short-term visits (6 mths or less)
Longer-term Visitors and International HiresLonger-term Visitors and International Hires– Visiting visas for professors & researchers (J-1)Visiting visas for professors & researchers (J-1)– Employment-based visas (H-1B)Employment-based visas (H-1B)
When a Visa Isn’t an IU Issue or Necessary When a Visa Isn’t an IU Issue or Necessary – Canadians, asylees, permanent residents, & those Canadians, asylees, permanent residents, & those
here under sponsorship from another program (e.g. here under sponsorship from another program (e.g. Fulbright)Fulbright)
University HR
Departmental Needs
StudentsDOL
DHS
Pre-Grad Visa PropertiesPre-Grad Visa Properties
VisaVisa Hrs/weekHrs/week RequirementsRequirements
F-1F-1
F-1F-1
J-1 StudJ-1 Stud
J-1 SchoJ-1 Scho
20 or less20 or less
More than 20More than 20
AnyAny
AnyAny
No permission neededNo permission needed
Permission neededPermission needed
Check with OISCheck with OIS
Check with OISCheck with OIS
SAAs vs.HourliesSAAs vs.Hourlies
SAAsSAAs
Contract Contract
vs. vs.
realityreality
HourliesHourlies
Hours = hoursHours = hours
Combinations??
Post Grad + Visa PropertiesPost Grad + Visa Properties
F-1, on OPTF-1, on OPT 1 yr., related to study1 yr., related to study
J-1 student, on ATJ-1 student, on AT 18-36 mo., total18-36 mo., total
J-1 Scholar, on ATJ-1 Scholar, on AT Very specific timingVery specific timing
J-2 dependentJ-2 dependent Tied to J-1 timingTied to J-1 timing
TN (Canadians & TN (Canadians & Mexicans)Mexicans)
1 year, but specific 1 year, but specific professions onlyprofessions only
J-1 ResearcherJ-1 Researcher 3 yrs., defined purpose3 yrs., defined purpose
IU Roles for Hiring PurposesIU Roles for Hiring Purposes(Post Grad)(Post Grad)
VisaVisa OIS RolesOIS Roles Dept. RoleDept. Role
F-1F-1 NoneNone Collect EADCollect EAD
J-1 studentJ-1 student Dep. on Dep. on sponsorsponsor
Verify w/OISVerify w/OIS
J-1 scholarJ-1 scholar Process DS-Process DS-20192019
Work w/OISWork w/OIS
J-2J-2 NoneNone Collect EADCollect EAD
TNTN Assist w/doc Assist w/doc prepprep
Specific Specific guidelinesguidelines
H-1B CharacteristicsH-1B Characteristics
3 years, renewable to 6 years max3 years, renewable to 6 years max Job specificJob specific Job must require BachelorsJob must require Bachelors Salary must be competitiveSalary must be competitive Allow processing timeAllow processing time
Labor Condition Application Labor Condition Application (LCA)(LCA)
Establishes salary conditions with the Establishes salary conditions with the Department of Labor (NOT USCIS) forDepartment of Labor (NOT USCIS) for
H-1B visa.H-1B visa.
Has no relationship to Labor Certification Has no relationship to Labor Certification (LC) and permanent residence application.(LC) and permanent residence application.
H-1B Visa Petition (USCIS)H-1B Visa Petition (USCIS)
Document that position requires a Document that position requires a professional.professional.
Document that foreign national Document that foreign national fulfills position requirements.fulfills position requirements.
Submit application with approved Submit application with approved LCALCA
**May apply up to 6 months in **May apply up to 6 months in advance of start dateadvance of start date
H-1B FeesH-1B Fees
$185 application fee$185 application fee
$500 anti-fraud detection fee$500 anti-fraud detection fee
Permanent ResidencyPermanent Residency
Many different employment-based Many different employment-based routes to PRroutes to PR
PERM provides new guidelinesPERM provides new guidelines Allow long processing timesAllow long processing times
PERMPERM
New: electronic labor certification New: electronic labor certification filing procedure, effective March 28.filing procedure, effective March 28.
Time limits for recruitment:Time limits for recruitment:– Regular, within 180 days of submittingRegular, within 180 days of submitting– Teaching, within 18 months of offer Teaching, within 18 months of offer
letterletter
Processing within 60 days?Processing within 60 days?
LABOR CERTIFICATIONLABOR CERTIFICATIONTEACHINGTEACHING
– No re-advertisingNo re-advertising
– Can hire best qualified, not just Can hire best qualified, not just minimumminimum
– Normally no salary issueNormally no salary issue
LABOR CERTIFICATIONLABOR CERTIFICATIONNON-TEACHINGNON-TEACHING
– Extensive advertising requirements beyond Extensive advertising requirements beyond initial adinitial ad
– No experience/qualifications count if gained No experience/qualifications count if gained in the positionin the position
– Only minimum requirements Only minimum requirements
– Salary requirementsSalary requirements
Steps to Permanent Residence: Steps to Permanent Residence: Employment-Based Employment-Based
ImmigrationImmigration 1: Labor Certification 1: Labor Certification 2: I-140 petition2: I-140 petition 3: Form I-485 for Permanent Residence 3: Form I-485 for Permanent Residence
(Green Card), (Green Card),
OROR 1. I-140 based on Outstanding, 1. I-140 based on Outstanding,
Extraordinary, National InterestExtraordinary, National Interest 2. Form I-485 for Permanent Residence 2. Form I-485 for Permanent Residence
(Green Card).(Green Card).
ArrivalArrival
J-1 Scholar Check-in with OIS (MANDATORY)J-1 Scholar Check-in with OIS (MANDATORY)
Weekly Scholar Orientation (Fridays @ 9), Weekly Scholar Orientation (Fridays @ 9), Franklin Hall 306 (Scholar Guidebook).Franklin Hall 306 (Scholar Guidebook).
H-1B Employee Guidebook. H-1B Employee Guidebook.
Short-term visitors on a tourist or business Short-term visitors on a tourist or business classification may need to visit OIS classification may need to visit OIS if they if they are receiving paymentare receiving payment (must have ITIN or (must have ITIN or SSN).SSN).
PeopleSoft ConnectionsPeopleSoft Connections
1. Dept. initiates E-doc
(Add or proceed to Hire)
2. Dept. sends supporting docs to OIS
3. OIS approves, files docs
4. PS generates ID and confirms with department
5. OIS processes immigration documents if needed
A note on Social SecurityA note on Social Security
Job Offer letter requiredJob Offer letter required– On letterheadOn letterhead– Include titleInclude title– Signed by employerSigned by employer
DepartureDeparture Letting OIS know of all international Letting OIS know of all international
scholar departures (Js, Hs).scholar departures (Js, Hs).
Maintaining contact.Maintaining contact.
Possibility of establishing institutional Possibility of establishing institutional affiliations.affiliations.
Future visits.Future visits.
The Role of OISThe Role of OIS Departmental AdvisorDepartmental Advisor
– Help construct job ads for employeesHelp construct job ads for employees– Guide departments through forms & processesGuide departments through forms & processes– Advise on most appropriate visa optionsAdvise on most appropriate visa options
Scholar AdvisorScholar Advisor– Extensions of stayExtensions of stay– Changes of statusChanges of status– Visa optionsVisa options– Travel and work permissionTravel and work permission– OrientationOrientation– Individual Tax ID Number ApplicationsIndividual Tax ID Number Applications– Referral agent (immigration lawyers, income tax)Referral agent (immigration lawyers, income tax)
State and Federal Government LiaisonState and Federal Government Liaison
Good times to contact OIS:Good times to contact OIS:
Considering hiring an international Considering hiring an international professor or researcher.professor or researcher.
Hosting an international visitor.Hosting an international visitor. Placing a job ad for a position.Placing a job ad for a position. Extending a scholar’s stay at IUExtending a scholar’s stay at IU Helping scholars move from one visa Helping scholars move from one visa
class to another.class to another. When a scholar arrives on campus.When a scholar arrives on campus. When a scholar leaves campus. When a scholar leaves campus.
Contact Info, Resources, and Contact Info, Resources, and QuestionsQuestions
Charlie Bankart – 856-1223, Charlie Bankart – 856-1223, cbankart@indiana.educbankart@indiana.edu Assistant Director for Scholar ServicesAssistant Director for Scholar Services
Martha Wailes – 855-9086, Martha Wailes – 855-9086, mwailes@indiana.edumwailes@indiana.edu Senior Immigration AdvisorSenior Immigration Advisor
Noemi Sarrion-Cortes – 855-9086, Noemi Sarrion-Cortes – 855-9086, nsarrion@indiana.edunsarrion@indiana.edu Scholar Services Office Assistant Scholar Services Office Assistant
Jennifer Bowen – 855-9086, Jennifer Bowen – 855-9086, jabowen@indiana.edujabowen@indiana.edu
Assistant Director for Assistant Director for StudentStudent Services Services
Web URL: Web URL: www.indiana.edu/~intlserv/www.indiana.edu/~intlserv/
The Value of International The Value of International Collaboration and ExchangeCollaboration and Exchange
We must maintain a concern for the We must maintain a concern for the development and needs of the world development and needs of the world beyond our borders…great universities beyond our borders…great universities such as Indiana University offer the such as Indiana University offer the most promising possibility for putting most promising possibility for putting this concern into action. this concern into action. (Herman B. (Herman B. Wells, 1958)Wells, 1958)
Quoted by President Herbert on October 6, 2004 in a hearing Quoted by President Herbert on October 6, 2004 in a hearing before the U.S. Senate Committee on Foreign Relationsbefore the U.S. Senate Committee on Foreign Relations
Some of the facts:Some of the facts:
International students from 130 countries are in International students from 130 countries are in IU classrooms & adding their unique IU classrooms & adding their unique perspectives to discussions.perspectives to discussions.
3,300 international students at IUB, 4,600 3,300 international students at IUB, 4,600 students overall.students overall.
IU has over 400 formal affiliations and IU has over 400 formal affiliations and exchanges with institutions abroad.exchanges with institutions abroad.
452 J-1 Scholars (up 21%!) and 126 new H-1B 452 J-1 Scholars (up 21%!) and 126 new H-1B Employees last year alone.Employees last year alone.
The Office of International The Office of International ServicesServices
Franklin Hall 306, Bloomington, Indiana 47405
Office Hours: Monday – Friday 9 am - 12pm, 1pm - 4pm
Phone: (812) 855-9086 Fax: (812) 855-4418E-mail: intlserv@indiana.eduInternet: http://www.indiana.edu/~intlserv
Services ProvidedServices Provided
Advise and assist students & scholars with emergency situations of all kinds
Answer questions and handle concerns about visa documents and regulations
Issue visa documents for travel and to a student’s or scholar’s stay in the United States
Assist with visa documents for dependent family members
Provide assistance with applications to change visa status
Supply information on travel to Canada, Mexico and other countries
Assist with paperwork to withdraw from all classes
Certify a student’s enrollment at Indiana Certify a student’s enrollment at Indiana UniversityUniversity
Provide financial budgeting and planning advice Provide financial budgeting and planning advice and counselingand counseling
Provide short term loansProvide short term loans Assist with mandatory student health insurance Assist with mandatory student health insurance
program enrollmentprogram enrollment Write letters to sponsors and home governmentsWrite letters to sponsors and home governments Advise and assist students and scholars with Advise and assist students and scholars with
personal concerns at IUpersonal concerns at IU
Leo R. Dowling International Leo R. Dowling International CenterCenter
111 S. Jordan Avenue, Bloomington, Indiana 47405Office Hours: Monday – Friday 9 am - 12pm, 1pm - 5pmPhone: (812) 855-7133Fax: (812) 855-7111E-mail: intlcent@indiana.eduInternet: http://www.indiana.edu/~intlserv
Programs & ServicesPrograms & Services
Host weekly Friday afternoon International Coffee Hours
Host weekly Language coffee/tea hours various languages
Host Friday lunch-time concerts Welcome visitors who would like to know about the
cultures of the world Provide US income tax advising through the VITA
Program Make information available about international
student groups on campus Plan and run New International Student
Orientation Program
Work with international student groups to put on and publicize eventsHost information sessions on employment and more…Provide referrals to BWF Host Friendship Family ProgramServe as home for the BWF Loan Closet Rooms are available for meetings and events! See our web page at: http://www.indiana.edu/~intlcent/resources/ic/facilities.html or call 855-7133 for details.
StaffSandy Britton Assistant Directorsbritton@indiana.eduicevents@indiana.edu
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