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

    1

  • 2

    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

    3

  • 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

    4

  • TYPES OF IMMIGRATION/VISA CATEGORIES

    Nonimmigrant

    Temporary (have time limitations)

    Immigrant

    Permanent

    Annual quota limitations

    Dual Intent

    Temporary or Permanent (example: H-1B)

    5

  • 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.)

    6

  • 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

    7

  • 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

    9

  • 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

    10

  • 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.

    11

  • 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

    12

  • 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)

    13

  • 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

    14

  • 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

    15

  • 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

    16

  • 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.

    17

  • 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

    18

  • 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

    19

  • 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

    20

  • 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

    21

  • BREAKDOWN OF H-1B GENERAL TIME LINES

    OIS (after all information received): 1-3 days

    Immigration Tracker: Departments Intake, Internationals Questionnaires

    and Supplemental Page

    Request Forms - signed, hard copies

    Supporting documentation from the Checklist

    U.S. Department of Labor

    Prevailing Wage Determination: approximately 45-60 days

    Labor Condition Application: 10 business days (processing and posting)

    U.S. Citizenship & Immigration Services (adjudication)

    Regular processing: 2-5 months

    Optional Premium Processing : 15 business days

    U.S. Postal Service (approval notice): 4-15 business days

    22

  • CURRENT CHALLENGES/CHANGES IN THE

    LANDSCAPE Federal Level:

    Background/security check delays

    Visas at consulates

    USCIS filings Stricter legal standards

    Department of Homeland Security Site Visits

    Department of Labor and PERM Regulations

    University Level: Civil Service Positions

    Minimum requirements

    Classification type: union vs. non-union

    New hires vs. position conversions

    Faculty and IT positions

    23

  • O-1 ALIEN OF EXTRAORDINARY ABILITY

    An individual alien who has extraordinary ability in the sciences,

    arts, education, business, or athletics.

    Initial petitions = 3 years maximum

    Subsequent petitions = 1 year increments

    Immigrant intent: if O-1 has an I-485 adjustment application pending,

    may NOT apply for extension of O-1 status

    High burden of proof is required by the employer.

    24

  • LEGAL PERMANENT RESIDENCY (LPR)

    May live and work in the U.S. permanently in same manner as a

    U.S. citizen

    Eligible to become naturalized U.S. citizen after 5 years as a

    permanent resident (3 years if married to U.S. citizen

    sponsor/petitioner)

    25

  • EMPLOYMENT-BASED IMMIGRANT

    CATEGORIES USED BY UIC

    First preference:

    outstanding researcher or professor

    No Labor Certification Required

    Immigrant petition filed with DHS

    Adjustment application or consular processing by the

    beneficiary

    26

  • EMPLOYMENT-BASED CATEGORIES (CONT.)

    Second preference

    advance degree professional or exceptional

    ability

    Labor certification is obtained first

    Teaching positions

    Non-teaching positions

    Immigrant petition filed with DHS

    Adjustment application or consular processing by the

    beneficiary

    27

  • EMPLOYMENT-BASED CATEGORIES (CONT.)

    Third preference

    Professionals (individuals hold at least a bachelors degree in specific field of endeavor)

    Labor certification is obtained first

    Non-teaching positions

    Immigrant petition filed with DHS

    Adjustment application or consular processing by beneficiary

    28

  • LPR POINTS TO CONSIDER

    Beneficiary

    If Pending LPR petition and he/she wants to change departments:

    New position must have similar job requirements and duties

    Must be approved by OIS prior to the change

    H1B petition will need to be amended before change occurs

    Administrator

    Must be permanent position as defined by HR and immigration law

    Funding for at least 5 years

    If position eliminations related to similar jobs have occurred in the past 6 month within Department:

    These individuals must be notified and considered for the job

    29

  • LPR APPROXIMATE TIME FRAMES

    Labor Certification

    PERM Labor Certification process for teaching appointments6 to 9 months

    Contact OIS before beginning recruitment process

    I-140 Immigrant petition

    Approximately 2- 4 months

    Premium Processing available now 15 business days

    Adjustment (I-485) / Consular Processing

    6 -12 months

    30

  • OTHER IMMIGRATION-RELATED MATTERS

    Volunteerism use caution; discuss with OIS prior

    Notify OIS prior to any changes in job/program objectives, funding,

    locations, etc.

    International must notify OIS immediately of residential address change

    Social Security Administration Procedures

    Not all internationals are eligible for SSNs

    Must have a bona fide offer of employment

    31

  • DEPARTURE FORM

    Complete Departure Verification Form (DVF) (available for

    download at www.ois.uic.edu)

    For Js and Hs transferring-out to another institution:

    Before resignation/leaving, J/H should discuss process with an

    OIS advisor

    Employment and status must be continuous

    32

    http://www.ois.uic.edu/

  • QUESTIONS

    33

  • HELPFUL WEBSITES:

    OIS: http://www.ois.uic.edu

    US Dept of State: http://www.travel.state.gov/

    US Visas: http://www.unitedstatesvisas.gov/

    USCIS, DHS: http://www.uscis.gov/

    US-ICE, DHS: http://www.ice.gov/

    34

    http://www.ois.uic.edu/http://www.travel.state.gov/http://www.unitedstatesvisas.gov/http://www.uscis.gov/http://www.ice.gov/

  • CONTACT INFORMATION:

    Office of International Services (MC 326)

    2160 Student Services Building

    1200 West Harrison Street

    Chicago, IL 60607

    Tel: 312-996-3121

    Fax: 312-996-9432

    www.ois.uic.edu

    35

    http://www.ois.uic.edu/

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