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Transcript of SOM Faculty Immigration Hiring Process November 2012 Presented by the Office of Faculty Affairs and...
SOM Faculty Immigration
Hiring ProcessNovember 2012
Presented by the Office of Faculty Affairs and the Dept. of
Human Resources
Electronic Position Approval
Non-Clinical Only
Assoc. Prof or Prof
SOM Faculty Hiring Process
HR Adds IHL
Contract
Med Staff Adds
Application
Compliance Adds
Recruitment Agreement
Legal Reviews & Sends To Faculty
Legal Receives
from Faculty
Legal Obtains Dr.
Keeton’s Signature
Lead Picks Up From
Legal
Lead Sends PSA to Compliance & Distributes Other Documents As
Appropriate
Compliance Prints Packet
Lead Completes
Position Checklist
Lead Completes
Position Checklist
Chair Approval
Chair Approval
Clinical SupportClinical Support
Lead Completes Appt. Info
Lead Completes Appt. Info APT
Committee Approval
APT Committee Approval
EPC Approval
EPC Approval
Dean Designee Approval
Dean Designee Approval
Chair Approval
Chair Approval
Clinical SupportClinical Support
Non-Clinical Only
Appt Salary/ Move $
Approval
Appt Salary/ Move $
Approval
EPC Approval
EPC Approval
Begin Recruiting Candidate
Begin Recruiting Candidate
Electronic Candidate Approval
Non-Clinical Only
International Candidate
Contact HR- International
Services
Contact HR- International
Services
Complete Immigration forms and
return to HR
Complete Immigration forms and
return to HR
Inform HR Business Partner
Inform HR Business Partner
Ensure hire date and
sponsorship coincide with
appt. approval
Ensure hire date and
sponsorship coincide with
appt. approval
Electronic Appointment Letter
* If candidate is clinical, apply for medical staff licensure as soon as
candidate is chosen.
Affiliate, Instr. or Asst. Prof.
Section name here
On-boarding System
Once the following steps in the Electronic Hiring System have been completed for the international candidate, they can be added to the Faculty On-boarding System in Lawson:– Position approved through the Electronic Hiring
Process– Candidate approved through the Electronic Hiring
Process– Appointment letter has been routed and
completed in the electronic hiring system, signed by the candidate and signed by Dr. Keeton
Section name here
Hiring an International Candidate
Before you start working with Human Resources - International Services, ensure that the position has been approved through the electronic faculty hiring process
After position approval and candidate has been recruited, contact Human Resources – International Services and start the candidate approval in the Electronic Faculty Hiring Process
Keep HR International Services, HR Business Partner, and Faculty Affairs informed of status
University of Mississippi Medical
CenterH-1B Presentation
Section name here
What is an H-1B?
Nonimmigrant visa classification assigned to foreign nationals who come to the U.S. for temporary employment
Primary immigration status utilized by individuals working in professional-level jobs in the U.S.
Section name here
General Requirements
Employer must agree to “sponsor” an individual for H-1B employment
The job must :• be in a “specialty” (professional-level)
occupation• require a minimum educational level of a
bachelor’s degree
The H-1B applicant must possess: • at least a U.S. bachelor’s degree in a related field
or the foreign equivalent
Section name here
Requirements for Physicians
Graduate of a foreign medical school
Passed all three steps of the USMLE
Able to demonstrate competency in written and oral English
Licensed in the state where practicing
Section name here
Labor Condition Application(Employer Attestations)
A certified Labor Condition Application (LCA) must be obtained from the Department of Labor. The employer agrees to adhere to the following attestations:
• Pay the H-1B worker the higher of the “actual” wage or the “prevailing” wage
Section name hereLabor Condition Application(Actual Wage)
o Actual wage: “Range” of salaries paid to employees at the worksite with similar duties, education and experience.
Look at salary range of all employees comparable to H-1B
H-1B’s salary should fall within that range
Section name here
o Prevailing wage: Average salary paid to employees in geographic region who have similar job duties, education and experience. Can request from the Department of Labor
and have “safe harbor” for institution OR Can make “in-house” prevailing wage
determination using DOL guidelines
Labor Condition Application
(Prevailing Wage)
Section name hereLabor Condition Application(Prevailing Wage)
NOTE: If the prevailing wage determination is higher than the salary to be paid the H-1B worker, then the H-1B worker’s salary must be increased to that level.
Section name hereLabor Condition Application(Employer Attestations – Cont.)
• Ensure that the employment of the H-1B worker will not have a negative impact on the working conditions of U.S. workers.
• Ensure that H-1B workers will not be employed when there is a strike or lockout taking place at the worksite.
• Post notices to make U.S. workers aware of the H-1B employment.
Section name hereH-1B Visa Availability(H-1B Cap)
H-1B visas are available to businesses and corporations each fiscal year from October 1- Sept. 30
Number of visas during fiscal year capped at 65,000, + additional 20,000 for those who earned Master’s or Ph.D degrees at U.S. universities = 85,000 total
Section name here
H-1B Visa Availability(H-1B Cap)
Institutions of higher learning and certain non-profit government organizations exempt from the H-1B cap
Section name hereAvenues for Acquiring Initial
H-1B StatusIndividuals inside the U.S. in another status
(J-1, F-1, etc.):
• Must change current status to H-1B
• Sponsoring employer will request a change of status when H-1B petition filed
• Status change is automatic once petition approved
Section name hereAvenues for Acquiring Initial
H-1B StatusIndividuals outside of U.S.
• Sponsoring employer in U.S. files H-1B petition
• Employer receives approval notice from USCIS
• Employer mails approval notice to H-1B applicant
• Applicant applies for H-1B visa stamp at nearest U.S. consulate/embassy
Section name herePeriod of Authorized Stay for
H-1B EmployeesMaximum period of H-1B employment is 6 years
• Initial period of employment cannot exceed 3 years
• At the end of 3 years, H-1B authorization can be extended for up to 3 additional years
• Due to cost and time involved, best to request a full 3 years of H-1B authorization when possible
Section name herePeriod of Authorized Stay for
H-1B Employees
• Employee is allowed to work in H-1B status beyond the 6 year maximum after reaching a specific point in the permanent residence process
• Time spent outside of U.S. not counted toward 6 year maximum stay. Can recoup this time and add to remainder of authorized stay.
Section name here
Extensions of H-1B Employment
Extensions of up to 3 years can be requested
Paperwork for extensions is basically the same
Can be filed up to 6 months in advance of the employee’s current expiration date
Section name here
Extensions of H-1B Employment
Petitions to extend H-1B employment don’t have to be approved before the H-1B’s authorization expires
• Must be received by USCIS before current authorization expires in order for H-1B to continue working
• Up to 240 day interim period of employment granted until extension request approved
Section name hereTime Considerations Related to H-1B Petitions
International Services Office must have sufficient time to put together the H-1B package
• Forms/documentation submitted by the department must be reviewed and prevailing wage determination made
• One week required to obtain certified Labor Condition Application from DOL
• USCIS processing time for H-1B petitions averages 3 months and can exceed 4 months during peak periods. Dept. should submit completed forms 5 months in advance of proposed employment date.
Section name hereCosts Involved in the H-1B Process
Employer is responsible for paying certain filing fees related to the H-1B petition
• $325 basic filing fee for initial H-1B petition + additional one-time $500 assessment = $825 total
• Each time an extension request is filed, the $325 basic filing fee applies
Section name hereCosts Involved in the H-1B Process
Expedited processing (Premium Processing) is an option
• USCIS required to process petition within 15 calendar days
• Fee for premium processing is $1,225
• Fee can usually be paid by either the employer or the H-1B employee. Exception: Employee not allowed to pay the fee if it would cause his/her salary to fall below the prevailing wage
Section name hereChanging H-1B Employers
H-1B status is “employer specific.” Can’t simply transfer to another employer with current H-1B authorization
New employer must:• File new petition on behalf of the H-1B transfer
• Ensure new petition filed before H-1B employee terminates employment with current employer
Section name hereChanging H-1B Employers
H-1B Portability Provision• Allows someone already in H-1B status to begin
working for new employer as soon as new employer gets receipts from USCIS for the newly filed petition (2-3 weeks after filing)
• New petition still has to be approved by USCIS, and if petition denied for some reason, H-1B must stop working immediately. Some risk involved, but very minimal
Section name hereChange in Term/Conditions of
H-1B EmploymentImportant to notify the International
Services Office of any changes in an H-1B employee’s salary, job duties, title, etc.
Substantial change in terms/conditions of H-1B employment requires “amended” H-1B petition
Section name hereChange in Term/Conditions of
H-1B EmploymentExamples of substantial change:
• Large increase in salary as a result of additional duties/responsibilities
• A promotion to a higher level position with added responsibility
Section name hereChange in Term/Conditions of
H-1B EmploymentExamples of changes that would not be
considered substantial:
• Moderate salary increase due to an overall market adjustment
• A promotion to a higher level position (Postdoctoral Research Fellow to Instructor) with a moderate increase in salary and no added responsibilities
Section name hereChange in Term/Conditions of
H-1B Employment
If an amended petition is required, it needs to be filed well in advance of the date the changes in terms/conditions of employment take effect
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Termination of H-1B Employment
H-1B employees are not granted a grace period after termination.
Should depart the U.S. immediately upon termination of employment unless arrangements have been made for employment elsewhere
If H-1B employee terminated for any reason before the end of the agreed period of employment (usually 3 years), employer must pay cost of the H-1B’s return transportation back to the home country.
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Other Important Facts J-1 exchange visitors subject to the 2-year home
residence requirement must obtain a waiver of the home residence requirement before they can change status to H-1B
H-1B nonimmigrants are allowed to work for multiple employers (concurrent H-1B employment) but must be authorized for each employer
The “dual intent” concept applies to H-1B employees. Allowed to work in the U.S. temporarily and also pursue a long-term goal of applying for permanent residence in the U.S.
Section name hereSteps in Preparing and Filing an H-1B Petition
Department’s Responsibility• Determine candidate’s immigration history and
eligibility for H-1B statusIf in another nonimmigrant status (J-1, F-1) is
there sufficient time to change status to H-1B?If currently in H-1B status, how much of 6 yr.
maximum remaining?Is candidate subject to the J-1 home residence
requirement?If a physician, has he/she passed all 3 steps of
USMLE and licensed?
Section name hereSteps in Preparing and Filing an H-1B Petition
Department’s Responsibility (cont.)• Access the H-1B forms from the HR Forms
Index on the UMC intranet and complete• Gather documentation required from both the
department and H-1B applicant utilizing the H-1B Petition Checklist
• Submit completed forms and documentation to ISO
• If necessary, submit purchase requisitions to Accounting for the H-1B filing fees
Section name hereSteps in Preparing and Filing an H-1B Petition
International Services Office Responsibility
• Ensure all forms completed correctly and all documentation has been submitted
• Obtain a prevailing wage determination
• Complete the H-1B petition (Form I-129)
• Request certified LCA from Dept. of Labor
• Prepare the H-1B package and submit to USCIS
Section name hereSteps in Preparing and Filing an H-1B Petition
Within 2-3 weeks, ISO will receive a notice from USCIS confirming receipt of the petition
After processing is completed, USCIS will mail ISO an H-1B approval notice (Form I-797)
Approval notice will be mailed to applicant if he/she is outside U.S.
Section name hereComparison of H-1B and J-1 Classifications
H-1B J-1
Purpose of Visit Temporary Employment International Exchange
Total Processing Time 5 months 2-3 months
Maximum Period of Stay 6 years 5 years
2-yr home residence req. Not required Required
Employer Filing Fees $825 N/A
Work Auth. For dependents No Yes
Grace period after termination
No 30 days
Dual intent Yes No