Hiring Foreign Nationals: The “When”, “How”, and “Why” ?· Hiring Foreign Nationals: The…

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  • Hiring Foreign Nationals: The

    When, How, and Why at UIC

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    James Hammerschmidt

    Executive Director

    Office of International Services

  • OBJECTIVES

    Immigration processes

    Common types of immigration statuses/visa categories

    Current UIC procedures

    Current challenges/changes landscapes

    --Federal government requirements

    -- Hiring Civil Service Employees

    --- New hires vs. Position Conversions

    Questions

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  • IMMIGRATION-RELATED GOVERNMENT AGENCIES

    U.S. Department of Homeland Security

    U.S. Customs and Border Patrol (CBP)

    Ports-of-entry

    Local District Office (Chicago)

    Immigration and Customs Enforcement (ICE)

    Local District Office (Chicago)

    U.S. Citizenship & Immigration Services (USCIS)

    Service Centers

    U.S. Department of State

    Embassies and consulates abroad

    Visa Office in Washington D.C.

    Exchange Visitor Program Office

    U.S. Department of Labor

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  • TYPES OF IMMIGRATION/VISA CATEGORIES

    Nonimmigrant

    Temporary (have time limitations)

    Immigrant

    Permanent

    Annual quota limitations

    Dual Intent

    Temporary or Permanent (example: H-1B)

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  • Visa vs. Status

    Visa

    Stamp in passport

    Entry document

    Used to apply for admission to the US

    Obtained only outside the US

    Does not need to remain valid once admitted to the US

    Status

    I-94 Card now retrievable online at: http://i94.cbp.dhs.gov/

    Permission to stay in the US

    Assigned at port of entry (or upon approval from USCIS for a change of status)

    D/S (Duration of Status) or date-specific

    In conjunction with other immigration documents (I-797, I-20, DS-2019, etc.)

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  • COMMON NONIMMIGRANT CATEGORIES AT UIC

    B1/B2 or WB/WT: Tourist or Business Visitor

    F-1: Student

    J-1: Exchange Visitors or Students

    J-2: Dependents with work authorization (EADs)

    H-1B: Professionals in a Specialty Occupation

    E-3: Australian Specialty Occupation

    TN: Professionals under NAFTA (Canada/Mexico)

    O-1: Aliens of Extraordinary Ability

    PR/1-485 pending: Pending immigrants

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  • Temporary Work Visa/Permit Process

    Department identifies

    potential candidate

    Department official

    contacts OIS

    OIS makes initial

    assessment based

    on candidate's qualifications

    and job offered

    Department submits

    appropriate forms

    to OIS for processing

    OIS reviews applications and contacts

    department with questions

    OIS prepares and submits

    H-1B petition, TN application

    or O-1 petition to the immigration

    service (USCIS)

    OIS prepares the DS-2019 for the

    J-1 Exchange Visitor and notifies

    the department

    If in the US:

    obtains approval notice and

    checks-in with OIS

    If outside the US:

    Int'l applies for a visa (entry permit)

    and enters the US

    Int'l checks-in with OIS before beginning work/program

  • F-1 STUDENT

    If enrolled full-time - eligible to work on campus with OIS approval

    up to 20 hours/week during semester

    up to 40 hours/week during breaks

    Maximum of 20 hours/week or 50% appointment not both

    Can obtain maximum of 1 year* of Optional Practical Training (OPT)

    work authorization in field of study

    *Exceptions exist (cap-gap, STEM/17-month ext.)

    Employment Authorization Document (EAD Card)

    F-1/OPT/CPTs must check-in at OIS with offer letter, and

    immigration documents

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  • F-1 OPT vs. H-1B

    Reasons to use OPT:

    EAD provides work

    flexibility

    No obligation or filing fees

    for department

    Recommended to use OPT

    time before beginning H-1B

    time

    One-time benefit

    Travel flexibility

    Reasons not to use OPT:

    Usually not eligible for full

    UIC health benefits

    Stipend provided in

    most cases that covers

    part of health insurance

    cost

    Cannot recapture unused

    time of OPT

    Department wants to begin

    LPR process ASAP

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  • J-1 EXCHANGE VISITOR PROGRAM

    Objective: Temporary visits for cultural exchangeexpectation to

    return to home country with knowledge/experience obtained in U.S.

    Health insurance requirement

    Substantial Presence UIC policies not sufficient

    Eligibility:

    Knowledge and experience in a specific field (ex. Molecular Biology)

    Adequate funding

    English proficiency

    UIC Categories: Student Intern, Short-term Scholar, Research Scholar, Professor, Specialist

    Each category has specific uses, limitations, requirements, etc.

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  • J-1 POINTS TO CONSIDER

    Regulatory restrictions: 212e, 12 & 24-month bars

    30-day grace period

    Prepare for departure No employment allowed

    Taking classes permitted

    But must be incidental to UIC program/research Direct patient contact or care

    Not allowed for UIC-sponsored J-1s Change in activities, worksite, funding, etc.

    Consult OIS first

    Interdepartmental transfer - download form from website

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  • J-1 SHORT TERM SCHOLAR

    Purpose: For short-term visits to lecture, observe, consult, train, or

    demonstrate special skills.

    No longer used for research

    Maximum 6-month stay

    2 year home residency requirement possible 212(e)

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  • J-1 RESEARCH SCHOLAR/PROFESSOR

    Purpose: To engage in research, teaching, and lecturing with US colleagues.

    Maximum 5-year stay

    2-Year Home Residency Requirement 212(e) possible

    12-Month bar

    J-1 student or J-2

    Does not affect short-term scholars or visits less than six months

    24-Month bar

    Would affect a prior Research Scholar

    Once program ends, not able to repeat for 24 months from date of departure (date taken from OIS Departure Verification Form)

    Does not need to remain in home country

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  • J-1 STUDENT INTERN

    Purpose: For students enrolled in a degree program overseas.

    Maximum12 month stay

    2-Year Home Residency 212(e) Requirement possible

    Intention to return home and graduate

    UIC program/visit is essential to their degree program

    Less than 20% clerical work

    Need DS-7002 signed by multiple parties

    English proficiency 3 ways to validate

    Program evaluation required prior to departure

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  • H-1B SPECIALTY OCCUPATION

    Temporary, professional/specialty position

    Immigrant and nonimmigrant intent (dual intent)

    Employment-based (employer petitions for employee)

    Bachelors degree or higher required in a specialized field

    Educational credential evaluation required for all foreign degrees

    Appropriate state licensure prior to filing, if required for the job

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  • H-1B SPECIALTY OCCUPATION (CONT.)

    Maximum of 6 years H-1B time, unless:

    Recapturing time requires evidence of time outside U.S.

    In the LPR process I-140 approval, I-140 pending for 365 days,

    or Labor Certification pending for 365; may be eligible for 1 or 3

    year extension

    Academic institutions not subject to yearly cap

    Must be paid prevailing wage as determined by US Department of

    Labor.

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  • TYPES OF H-1B PETITIONS

    New

    Change of Status (COS) within the U.S.

    Overseas

    Portability

    Transferring H1B from another employer to UIC

    Extension (may include an amendment)

    Extending the status of current UIC H1B employee

    Amendment

    Notifying immigration of change in job duties

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  • HUMAN RESOURCES POINTS TO CONSIDER

    Changes to original UIC appointment

    Usually requires an H-1B amendment to be submitted to USCIS

    I.e. Change from full-time to part-time

    I.e. Change in departments or job duties

    Allow 6-8 weeks for amendment to be processed by OIS

    Dual Titles contact OIS to discuss

    Return cost home obligation of department if job ends sooner than requested H-1B end date.

    LOA OIS must be notified in writing by department

    Benefits - H-1Bs must receive full UIC benefits

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  • HUMAN RESOURCES POINTS TO CONSIDER

    (CONT.)

    Collective Bargaining Agreement

    Is the salary for this position determined by Collective Bargaining

    Agreement?

    If so, OIS is required to obtain a copy of the Collective

    Bargaining Agreement prior to submitting the Prevailing

    Wage Request to US Department of Labor

    If Collective Bargaining Agreement applies to the position, notice

    must be provided to the Collective Bargaining

    Representative/Union prior to filing of the H-1B application

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  • H-1B GENERAL TIME LINES

    From the time OIS receives a complete Request to H-1B Approval

    Notice in-hand:

    New with optional premium processing: 6-10 weeks

    New, with regular processing: 4-6 months

    In certain cases listed below, only a Receipt Notice is necessary in

    order to begin employment:

    Portability, Extension, and Concurrent: 6-8 weeks

    Amendment: processing time varies, 3-8 weeks