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Presented by Jan Keiser Immigration Compliance Specialist International Programs Global Services Department (IP-GS) 03/20/2013 1 International Programs Global Services (IP-GS) International Scholar Services Slide 2 Disclaimer 03/20/2013 2 Information presented here subject to change Not final, not conclusive Continue to incorporate updates and feedbacks Slide 3 IP Organization 03/20/2013 3 http://ip.wsu.edu/ IP organizational chart International Research Department, Bryan 206 Global Learning Department Education Abroad, Bryan 105 IALC, McAllister Global Services Department International student services team, Bryan 108 International scholar services team, Bryan 206 International admissions team, Bryan 206 Slide 4 International scholar services team Bryan 206 03/20/2013 4 Jan Keiser, Immigration Compliance Specialist All WSU permanent residence services H-1B, TN, E-3, and other intl scholar services J-1 scholar services for branch campuses: Spokane, Tri-Cities and Vancouver Rob Cassleman, International Scholar Advisor J-1 international scholar services for Pullman H-1B, TN, E-3, and other intl scholar services Fulbright J-1 students from foreign countries Jody White, International Program Specialist H-1B intake and travel packet Immigration Tracker and file management Scholar and family dependent social and cultural programs Slide 5 Processes 03/20/2013 5 When there is an international candidate you intend to hire, contact Jan/Rob for visa category recommendation (H-1B or J-1 scholar) and other relevant information. For H-1B initiation, e-mail Jody White at jody.white@wsu.edu jody.white@wsu.edu For J-1 scholar initiation, go to: http://ip.wsu.edu/depts/hosting/scholars/forms-and- FAQ.html http://ip.wsu.edu/depts/hosting/scholars/forms-and- FAQ.html For Permanent Residence (PR/Green Card) questions, contact Jan. For H-1B, J-1, TN or any other visa categories, contact Rob/Jan. Slide 6 Interviewing Questions Related to Employment Eligibility 03/20/2013 6 The Immigration Reform and Control Act of 1986 (IRCA) protects two (2) types of employment discrimination: Citizenship status (M-274 U.S. citizens, recent permanent residents, temporary residents under the IRCA legalization program, asylees and refugees are protected. ) National origin (M-274: An employees national origin relates to the employees place of birth, country of origin, ethnicity, ancestry, native language, accent, or the perception that he or she looks or sounds foreign. All U.S. citizens and employmentauthorized individuals are protected from national origin discrimination. ) M-274 Handbook for Employers, USCIS Slide 7 Notes for the Employer 03/20/2013 7 The employer should not ask for copies of any specific documentation; to do so is a violation of the Immigration Reform and Control Act of 1986 (IRCA). Employees may complete Section 1 of Form I-9 at any time between acceptance of a job offer and the first day of employment. Documentation showing identity and employment authorization must be provided by the employee within 3 business days of their effective date of employment. Self-disclosure regarding visa status or visa-related sponsorship requirements by a prospective international employee is allowable. Slide 8 The employer may ask these questions, but must ask all candidates 03/20/2013 8 Are you authorized to work indefinitely in the U.S. for any employer? Will you now or in the future need a work visa sponsorship from a new U.S. employer if you are offered this position? If a candidate indicates that he/she is not a U.S. citizen, or looks or sounds foreign, the employer should not request to see employment eligibility verification documents before hire. Slide 9 H-1B Challenges (1) 03/20/2013 9 Is the offered position eligible for H-1B visa status? Is the offered position a specialty occupation? Must be in a specific field of endeavor. Must require minimum Bachelor degree as entry to the occupation. Must pay either Prevailing Wage or actual wage, whichever is higher. Must request a new DOL (Dept. of Labor) Prevailing Wage Determination when filing each H-1B petition: initial (change of status or transfer)/extension/amendment. DOL prevailing wage is updated on July 1 each year, usually higher than the previous year. What does it mean to the employer? Is the foreign national eligible for H-1B? His/her prior/current immigration status in the U.S. Position can be either temporary, permanent or tenure-track Slide 10 H-1B Challenges (2) 03/20/2013 10 Job advertisement content and plan, recruitment documentation for tenured/tenure-track teaching faculty position, for PR sponsorship purpose only. Processing time delay: internal processing, DOL (Dept. of Labor), DOS (Dept. of State), and USCIS (U.S. Citizenship and Immigration Services). USCIS filing fees: $325 H-1B filing fee, $500 fraud prevent fee, optional $1225 premium processing fee. FDNS (Fraud Detection and National Security, Dept. of Homeland Security) unannounced site visit for compliance audit. Transportation cost back to last residence abroad if terminated by an employer for any reason prior to H-1B end date. Possible visa delay Administrative Processing. Slide 11 H-1B No- Benching Rule 03/20/2013 11 Benching: the practice of an employer placing in nonproductive status without pay. An employer is responsible for paying the required wage to the H-1B employee at all times during the LCA validity period and as specified on the LCA and Form I-129. Even if an employee is "benched," i.e., placed in a non- productive status for reasons such as training, lack of license, lack of assigned work, or any other job-related reason, the employer must still pay the employee the required wage. Slide 12 Exceptions to H-1BNo-Benching Rule 03/20/2013 12 Employees who have not yet entered into employment Nonproductive time due to conditions unrelated to employment or which render an H-1B alien unable to work Certain academic contracts that compress a full year's wages into a period of less than one year Where there was a "bona fide termination" of the employee by the employer Slide 13 H-1B enters into employment with the employer 03/20/2013 13 H-1B nonimmigrant shall receive the required pay beginning on the date when the nonimmigrant "enters into employment" with the employer. The H-1B nonimmigrant is considered to "enter into employment" when he/she makes him/herself available for work or otherwise comes under the control of the employer, such as by waiting for an assignment, reporting for orientation or training, going to an interview or meeting with a customer, or studying for a licensing examination, and includes all activities thereafter. Notify IP-GS when an H-1B employee is terminated or resigns. Slide 14 J-1 Challenges 03/20/2013 14 Purpose of the program: collaborative, exchange, temporary Cannot hold permanent, tenure-track position Prior participation in J-1 program 12 months bar 24 months bar for J-1 Research Scholar/Professor category only 2 year home country residence requirement: not eligible for H-1B visa and immigrant visa; not eligible for change of status in the U.S. (including change to H-1B & PR) unless it has been waived or fulfilled. Waiver of 2 year home country residence requirement Possible visa delay Administrative Processing Slide 15 TN Challenges 03/20/2013 15 Applicant is a citizen of Canada or Mexico; Temporary, cannot hold permanent, tenure-track position; Profession is on the NAFTA list; http://www.nafta-sec- alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1http://www.nafta-sec- alena.org/en/view.aspx?x=343&mtpiID=147#Ap1603.D.1 Position in the U.S. requires a NAFTA professional; Mexican or Canadian applicant is to work in a prearranged full- time or part-time job, for a U.S. employer. Self employment is not permitted; Canadian or Mexican citizen has the qualifications of the profession; If degree earned outside U.S., Canada and Mexico, must be accompanied by credential evaluations in English language. Slide 16 PR Challenges (1) 03/20/2013 16 Only permanent full-time/tenure-track position for WSU to sponsor Teaching faculty (EB-2) Job advertisement content and plan to meet DOL Labor Certification requirements Documentation of recruitment process, DOL audit: 30 45%, random or target, unpredictable Must request prevailing wage determination from the National Prevailing Wage Center, long processing time Must file Labor Certification application within 18 months from the job offer letter date Lengthy process, can be up to 2 years or longer Retrogression for individuals born in China and India Has priority in processing to meet mandated federal deadlines. Slide 17 PR Challenges (2) 03/20/2013 17 Senior researcher (EB-1b): Must be permanent full-time/tenured/tenure-track position; Must have at least 3 years of experience in teaching or research in the academic field; Must be recognized internationally as outstanding in a specific academic field. WSU PR sponsorship policy http://ip.wsu.edu/global- services/files/PR-Policy.pdfhttp://ip.wsu.edu/global- services/files/PR-Policy.pdf Much higher and stringent standards to meet Extensive documentation Higher denial rate Slide 18 Self-Petition PR 03/20/2013 18 For example, post-doctoral position EB-2 National Interest Waiver Retrogression for individuals born in China and India 7 th year H-1B extension possible if I-140 has been pending/approved for 365 days or more EB-1a,Extraordinary Ability Demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Achievements must be recognized in the specific field through extensive documentation. Extraordinary ability means a level of expertise indicating that the individual is one of that very small percentage who have risen to the very top of the field of endeavor. Evidence, for example, one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal), the best of the best in the field. Slide 19 PR and 7 th year H-1B extension 03/20/2013 19 H-1B is allowed a cumulative 6 years in the U.S. for any U.S. employers If I-140 Immigration Petition for Alien Worker is pending/approved for 365 days or more, eligible for 7 th year H-1B extension, applies to H-4 Self-petition PR employees must keep IP-GS updated of their petition status, as they may be eligible for 7 th year H-1B extension to ensure uninterrupted employment at WSU. Slide 20 Green Card (current version) 03/20/2013 20 Slide 21 Green Card (old version) 03/20/2013 21 Slide 22 I-551 Stamp 03/20/2013 22 Slide 23 EAD (Employment Authorization Document) 03/20/2013 23 Slide 24 Questions and Answers 03/20/2013 24 Contact the international scholar services team: Jan Keiser: 335-1348, jan.keiser@wsu.edujan.keiser@wsu.edu Rob Cassleman: 335-4508, rcasslem@wsu.edurcasslem@wsu.edu Jody White: 335-3339, jody.white@wsu.edujody.white@wsu.edu