Employing Foreign Nationals Employing Foreign Nationals at UCSBat UCSB

Billy Ko – Scholar SpecialistBilly Ko – Scholar SpecialistTanya Plant – Immigration CounselorTanya Plant – Immigration Counselor

Office of International Students & ScholarsOffice of International Students & ScholarsAugust 18, 2009August 18, 2009

The Four QuestionsThe Four Questions When you first learn that your Department intends to hire/host someone When you first learn that your Department intends to hire/host someone

who is from another country, you will be able to make the best decisions who is from another country, you will be able to make the best decisions related to timing and paperwork if you obtain the following information: related to timing and paperwork if you obtain the following information:

Nationality of the visitor.Nationality of the visitor. What is their country of citizenship, and are they a Permanent Resident What is their country of citizenship, and are they a Permanent Resident of any other country? of any other country?

Length of U.S. stay.Length of U.S. stay. What time have they already spent in the U.S. (if any), and how long What time have they already spent in the U.S. (if any), and how long does your Dept. intend to employ/host them at UCSB (estimate)? does your Dept. intend to employ/host them at UCSB (estimate)?

Payment method and starting date.Payment method and starting date. Will the person bring their own funding, or will they be on Dept. payroll? Will the person bring their own funding, or will they be on Dept. payroll? When would your Department like to have them start? When would your Department like to have them start?

Past U.S. visas used, and when (including present). Past U.S. visas used, and when (including present). What U.S. visa categories has this person used in the past, and for how What U.S. visa categories has this person used in the past, and for how long did they stay in the U.S. in each category? long did they stay in the U.S. in each category?

NOTE:NOTE: The visitor’s passport identification page is required along with The visitor’s passport identification page is required along with the Four Questions Form.the Four Questions Form.

Employment Visa Categories at UCSBEmployment Visa Categories at UCSB F1 Optional Practical Training – 12 months F1 Optional Practical Training – 12 months - with possibility of 17 month extension for STEM employment- with possibility of 17 month extension for STEM employment

J1 Academic Training – 18 months J1 Academic Training – 18 months - or 36 months for Postdoctoral Position- or 36 months for Postdoctoral Position

H-1B Specialty OccupationH-1B Specialty Occupation- position requires Bachelor’s Degree Minimum.- position requires Bachelor’s Degree Minimum.- 6 year maximum limit for H1B continuous employment- 6 year maximum limit for H1B continuous employment

J-1 Exchange Visitor Categories:J-1 Exchange Visitor Categories:- Research Scholar/Professor – 5 years- Research Scholar/Professor – 5 years- Short-Term Scholars – 6 months- Short-Term Scholars – 6 months

TN – North American Free Trade Agreement for Citizens of Canada or TN – North American Free Trade Agreement for Citizens of Canada or MexicoMexico

- up to 24 months – renewable without limit as long as - up to 24 months – renewable without limit as long as position is temporaryposition is temporary

ProcessingProcessing Time Frames Time Frames H-1B and TN – Processing times vary. Check with OISS 5-6 months H-1B and TN – Processing times vary. Check with OISS 5-6 months in advance.in advance.

J-1 – DS-2019 Processing: 1 weekJ-1 – DS-2019 Processing: 1 week

F1 – Optional Practical Training (OPT) – apx. 90 daysF1 – Optional Practical Training (OPT) – apx. 90 days

NOTE: NOTE: employment only begins after EAD card is receivedemployment only begins after EAD card is received

J1 Academic Training – timing varies, but job offer letter required for J1 Academic Training – timing varies, but job offer letter required for processing by J1 program sponsorprocessing by J1 program sponsor

NOTE: NOTE: Additional time necessary if visitor is abroad and requires a new Additional time necessary if visitor is abroad and requires a new entry travel visaentry travel visa

Hiring into Permanent Positions at Hiring into Permanent Positions at UCSBUCSB

UCSB applies to sponsor selectees for permanent positions through UCSB applies to sponsor selectees for permanent positions through Labor CertificationLabor Certification

- otherwise the employment will end with the - otherwise the employment will end with the end of visa permission period.end of visa permission period.

Labor Certification requires documentation related to open Labor Certification requires documentation related to open recruitment and applicant qualifications. The department should recruitment and applicant qualifications. The department should begin this process at the time of selection for appointment because begin this process at the time of selection for appointment because of the short window of opportunity to submit the application to the of the short window of opportunity to submit the application to the Department of Labor. Department of Labor.

For the Labor Certification instructions and document checkist, visit For the Labor Certification instructions and document checkist, visit OISS website at:OISS website at: http://oiss.sa.ucsb.edu/Departments/LaborCertification.aspxhttp://oiss.sa.ucsb.edu/Departments/LaborCertification.aspx

PPSPPS I-9 form must be completed on or before first day of I-9 form must be completed on or before first day of providing providing

servicesservices to UCSB to UCSBNOTE:NOTE: See See http://oiss.sa.ucsb.edu/Departments/I-9FormInstructions.aspx

Department Department must see originalmust see original documents and copy these to attach to documents and copy these to attach to I-9 formI-9 form

Payroll end date must match or come before the employment Payroll end date must match or come before the employment authorization end date for the visa categoryauthorization end date for the visa category

Appointment end date reflects Appointment end date reflects intendedintended position duration position duration NOTE:NOTE: benefits are connected to the appointment line benefits are connected to the appointment line

For employment extension – Department should begin processing at For employment extension – Department should begin processing at least 3 months before payroll end date least 3 months before payroll end date

Update I-9 form to reflect new employment Update I-9 form to reflect new employment permissionpermission period period requested/approvedrequested/approved

Departmental Assistance with Accident Departmental Assistance with Accident and Health Insurance Coverage/ and Health Insurance Coverage/

InformationInformation Insurance coverage Insurance coverage during travel to U.S.during travel to U.S. important – please important – please

remind visitor to obtainremind visitor to obtain

Insurance coverage Insurance coverage before employment-before employment- based coveragebased coverage takes takes affectaffect – please remind visitor they must provide this – please remind visitor they must provide this

Insurance coverage offered by UCSB position should be clearly Insurance coverage offered by UCSB position should be clearly defined by UCSB departmentdefined by UCSB department so that additional coverage can be so that additional coverage can be

obtained before travel to the U.S. if necessary. obtained before travel to the U.S. if necessary.

NOTE:NOTE: J-1 Exchange Visitors must meet US Dept. of State’s J-1 Health J-1 Exchange Visitors must meet US Dept. of State’s J-1 Health Insurance requirement: Insurance requirement: http://exchanges.state.gov/jexchanges/sponsors/how-to-administer-a-http://exchanges.state.gov/jexchanges/sponsors/how-to-administer-a-program/administration.html#insuranceprogram/administration.html#insurance

NOTE:NOTE: All family comingAll family coming with the visitor must be covered as well with the visitor must be covered as well

ResourcesResources

OISS Homepage: OISS Homepage: www.oiss.sa.ucsb.edu

For outside health insurance - For outside health insurance - http://oiss.sa.ucsb.edu/Scholars/Insurance.aspxhttp://oiss.sa.ucsb.edu/Scholars/Insurance.aspx

For housing - For housing - http://oiss.sa.ucsb.edu/Scholars/Housing.aspxhttp://oiss.sa.ucsb.edu/Scholars/Housing.aspx

For tax and withholding information -For tax and withholding information - http://accounting.ucsb.edu/Forms/formsinfo/19/http://accounting.ucsb.edu/Forms/formsinfo/19/