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