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HH--1B Guidelines1B GuidelinesHH 1B Guidelines1B Guidelines

Employment VisaEmployment VisaEmployment VisaEmployment VisaProfessional PositionProfessional Position

i i i b h l ’ di i i b h l ’ dPosition must require a bachelor’s degree or Position must require a bachelor’s degree or higherhigherEmployee must have a bachelor’s degree or Employee must have a bachelor’s degree or higherhigher

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HH--1B Parameters1B ParametersHH 1B Parameters1B Parameters

Limited to 6 aggregate yearsLimited to 6 aggregate yearsLimited to 6 aggregate yearsLimited to 6 aggregate yearsMax. 3 years for each petitionMax. 3 years for each petitionJob site specificJob site specificJob site specificJob site specificProcessing timeProcessing time** Must allow for 3 to 5 monthsMust allow for 3 to 5 months* * Must allow for 3 to 5 months Must allow for 3 to 5 months

for normal processingfor normal processing** Allow 1 month forAllow 1 month for Allow 1 month for Allow 1 month for

expedited processingexpedited processing

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Employer ResponsibilitiesEmployer ResponsibilitiesEmployer ResponsibilitiesEmployer Responsibilities

File a Labor ConditionFile a Labor ConditionFile a Labor Condition File a Labor Condition ApplicationApplication(HR/CIS completes with (HR/CIS completes with ( p( pinformation provided by the information provided by the Dept) Dept) Document wages paid Document wages paid (Dept)(Dept)Maintain Public Access FileMaintain Public Access File(HR/CIS)(HR/CIS)Pay for Pay for return trip home return trip home if if early early

44

yy pp yytermination termination (Dept)(Dept)

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Responsible Government AgenciesResponsible Government AgenciesDOLDOL

Determines prevailingDetermines prevailingDetermines prevailing Determines prevailing wagewageCertifies Labor ConditionCertifies Labor Condition USCIS (INS)USCIS (INS)Certifies Labor Condition Certifies Labor Condition ApplicationApplicationRegulates work conditionsRegulates work conditions

USCIS (INS)USCIS (INS)Adjudicates HAdjudicates H--1B 1B Regulates work conditionsRegulates work conditions

Requires Job PostingsRequires Job PostingsAudits Public Access fileAudits Public Access file

petitions (Form Ipetitions (Form I--129)129)Regulates and monitors Regulates and monitors

i i ’i i ’Audits Public Access fileAudits Public Access file nonnon--immigrant’s statusimmigrant’s statusRequires employer to pay Requires employer to pay

t t i ht t i hreturn trip homereturn trip home55

The HThe H--1B Petitioning Process1B Petitioning ProcessggHR/CIS HR/CIS

Wage Determination: Review Department Wage Determination: Review Department Wage & Compares to DOL Prevailing Wage Wage & Compares to DOL Prevailing Wage g p g gg p g gguidelines = Up to 2 weeksguidelines = Up to 2 weeks

Department of LaborDepartment of LaborDepartment of LaborDepartment of LaborLabor Condition Application (LCA) Labor Condition Application (LCA) C tifi ti b D O L t k 7 dC tifi ti b D O L t k 7 dCertification by D.O.L. now takes 7 days Certification by D.O.L. now takes 7 days

USCISUSCISAdjudicates HAdjudicates H--1B petition = 3 to 5 months1B petition = 3 to 5 months

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Prevailing WagePrevailing WagePrevailing WagePrevailing Wage

The actual wage must meet 100% of theThe actual wage must meet 100% of theThe actual wage must meet 100% of the The actual wage must meet 100% of the Prevailing Wage (PW) or exceed it but can never Prevailing Wage (PW) or exceed it but can never be below the PWbe below the PWbe below the PW.be below the PW.

HR/CIS ll i iHR/CIS ll i iHR/CIS generally reviews sponsoring HR/CIS generally reviews sponsoring departments position description, and determines departments position description, and determines

i U S D f L bi U S D f L bproper wage via U.S. Dept. of Labor wage proper wage via U.S. Dept. of Labor wage guidelines for employment at higher education guidelines for employment at higher education i i ii i iinstitutions.institutions.

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Processing TimesProcessing TimesProcessing TimesProcessing Times

StandardStandard PremiumPremiumStandardStandardDependent Upon Dependent Upon Immigration Service Center Immigration Service Center

PremiumPremiumRequest case to be Request case to be adjudicated within 15 adjudicated within 15 gg

Processing Processing Generally 3 to 5 monthsGenerally 3 to 5 months

/ f i i i/ f i i i

jjcalendar days upon receipt calendar days upon receipt of petition by immigration of petition by immigration service centerservice centerHR/CIS prefers to initiate HR/CIS prefers to initiate

process around 6 months process around 6 months prior to first date of prior to first date of

service centerservice centerReceive Receive ee--mail approval mail approval notice notice pp

employment employment Receive original approval Receive original approval notice, Form Inotice, Form I--797, approx. 797, approx. 10 days later10 days later

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10 days later.10 days later.

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HH--1B Petition Types1B Petition TypesHH 1B Petition Types1B Petition Types

HH--1B New (Change of Status Consular1B New (Change of Status ConsularHH--1B New (Change of Status, Consular 1B New (Change of Status, Consular Processing)Processing)HH 1B Extension1B ExtensionHH--1B Extension1B ExtensionHH--1B Transfer (Portability)1B Transfer (Portability)HH--1B Amend1B Amend

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HH--1B New1B NewHH 1B New1B New

Petitions for new HPetitions for new H--1B’s that require consular1B’s that require consularPetitions for new HPetitions for new H--1B s that require consular 1B s that require consular processing should be requested 8 months in processing should be requested 8 months in advanceadvanceadvance.advance.Petitions for new HPetitions for new H--1B’s that involve a change 1B’s that involve a change of status should be requested 7 months inof status should be requested 7 months inof status should be requested 7 months in of status should be requested 7 months in advance.advance.P i i f HP i i f H 1B’ ill1B’ illPremium processing of new HPremium processing of new H--1B’s will 1B’s will decrease time required by approximately 4 decrease time required by approximately 4

hhmonths.months.1010

The JThe J--1 Two Year Home 1 Two Year Home Residency RequirementResidency Requirement

Many individuals in JMany individuals in J--1 status are required to 1 status are required to return to their home country for two years after return to their home country for two years after completing their program. (DScompleting their program. (DS--2019)2019)Unless they fulfill this obligation or receive a Unless they fulfill this obligation or receive a waiver of the requirement, they can not change waiver of the requirement, they can not change their status to H1B.their status to H1B.The waiver can take up to one year to obtain.The waiver can take up to one year to obtain.Application made by the foreign national at theirApplication made by the foreign national at theirApplication made by the foreign national at their Application made by the foreign national at their own expense.own expense. 1111

HH--1B EXTENSIONS1B EXTENSIONSHH 1B EXTENSIONS1B EXTENSIONSPetitions for extensions should ideally be made 6 months Petitions for extensions should ideally be made 6 months before the current H1B status expiresbefore the current H1B status expiresbefore the current H1B status expires.before the current H1B status expires.Employment may continue up to 240 days past the Employment may continue up to 240 days past the expiration of the current H1B statusexpiration of the current H1B statusexpiration of the current H1B status.expiration of the current H1B status.Travel outside the U.S. is not recommended while an Travel outside the U.S. is not recommended while an H1B extension is pending as USCIS may deem employeeH1B extension is pending as USCIS may deem employeeH1B extension is pending as USCIS may deem employee H1B extension is pending as USCIS may deem employee has abandoned their H1B status.has abandoned their H1B status.Suggest upgrade to premium processing if travel isSuggest upgrade to premium processing if travel isSuggest upgrade to premium processing if travel is Suggest upgrade to premium processing if travel is absolutely necessary.absolutely necessary.If employee is outside the U.S., then he/she must wait If employee is outside the U.S., then he/she must wait p y ,p y ,outside the U.S. until new H1B status has been approved.outside the U.S. until new H1B status has been approved.

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HH--1B1B Transfers (Portability)Transfers (Portability)HH 1B 1B Transfers (Portability)Transfers (Portability)Those in valid H1B status at another institution Those in valid H1B status at another institution can begin employment at UVA only after can begin employment at UVA only after HR/CIS receives HR/CIS receives confirmation from USCIS confirmation from USCIS that a petition was filed.that a petition was filed.HR/CIS prefers to have the request for theHR/CIS prefers to have the request for theHR/CIS prefers to have the request for the HR/CIS prefers to have the request for the transfer approx. 1 to transfer approx. 1 to 2 2 months prior to the new months prior to the new employment start date.employment start date.employment start date.employment start date.Transfer applications are not automatically Transfer applications are not automatically approved so there are risks involved in theapproved so there are risks involved in the

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approved so there are risks involved in the approved so there are risks involved in the process.process. 1313

Fees Paid by UVA DepartmentFees Paid by UVA Department$320 for new H1B petitions and extensions, $320 for new H1B petitions and extensions, USCIS Form IUSCIS Form I 129129USCIS Form IUSCIS Form I--129.129.$500 $500 fraud prevention and detection fraud prevention and detection USCIS USCIS ff f llf ll i i d f lli i d f llfee fee for all for all newnew H1B petitions and for all H1B H1B petitions and for all H1B transfers to transfers to UVAUVA..The $500 fee The $500 fee is not is not imposed imposed on H1B extension on H1B extension petitions for those currently in H1B status, petitions for those currently in H1B status, employed at UVA.employed at UVA.

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Fees Paid by UVA DepartmentFees Paid by UVA DepartmentFees Paid by UVA DepartmentFees Paid by UVA Department

HR/CIS Processing FeesHR/CIS Processing FeesHR/CIS Processing FeesHR/CIS Processing Fees$650 for H1B petition processing$650 for H1B petition processing$ 00 f di d i$ 00 f di d i$500 for expedited service $500 for expedited service

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HH--1B Petition Filing Fee for USCIS 1B Petition Filing Fee for USCIS Expedite RequestExpedite Request

For a $1 000 fee may request PremiumFor a $1 000 fee may request PremiumFor a $1,000 fee may request Premium For a $1,000 fee may request Premium Processing, USCIS Form IProcessing, USCIS Form I--907.907.Request to USCIS to adjudicate an H1BRequest to USCIS to adjudicate an H1BRequest to USCIS to adjudicate an H1B Request to USCIS to adjudicate an H1B petition within 15 calendar days of receiving petition within 15 calendar days of receiving the H1B petitionthe H1B petitionthe H1B petition.the H1B petition.The employer The employer oror employee may pay the fee.employee may pay the fee.Receive electronic approval notice that may be Receive electronic approval notice that may be used to place employee on payroll.used to place employee on payroll.

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HH--1B1B Process at UVAProcess at UVAHH 1B 1B Process at UVAProcess at UVA

Departments consult with HR/CIS on HDepartments consult with HR/CIS on H--1B1BDepartments consult with HR/CIS on HDepartments consult with HR/CIS on H--1B 1B timing and/or filing issues.timing and/or filing issues.Department downloads H1B Packet fromDepartment downloads H1B Packet fromDepartment downloads H1B Packet from Department downloads H1B Packet from HR/CIS HR/CIS webweb--site (or through INS Zoom)site (or through INS Zoom)

** h i i i d / i /i i ti i ht l#8h i i i d / i /i i ti i ht l#8**www.hrs.virginia.edu/cis/immigrationservices.html#8www.hrs.virginia.edu/cis/immigrationservices.html#8

HR/CIS informs departments and foreign HR/CIS informs departments and foreign national at Hnational at H--1B processing stages.1B processing stages.

17171717

PartPart--Time HTime H--1B Employment1B EmploymentPartPart Time HTime H 1B Employment1B EmploymentU.S. Dept. of Labor requires employers to keep U.S. Dept. of Labor requires employers to keep records of hours worked each day and each week records of hours worked each day and each week for all partfor all part--time Htime H--1B employees.1B employees.Regardless if partRegardless if part--time employee is paid a fixed time employee is paid a fixed salary, and regardless of whether employer salary, and regardless of whether employer y, g p yy, g p ycurrently keeps records of its other partcurrently keeps records of its other part--time time salaried employees.salaried employees.p yp ySponsoring departments must complete and return Sponsoring departments must complete and return to HR/CIS form:to HR/CIS form:to HR/CIS form: to HR/CIS form: Verification of PartVerification of Part--time Record Keepingtime Record Keeping 1818

Advantages toAdvantages to HH--1B1BAdvantages to Advantages to HH 1B1B

Generally easier to get the visa at the U SGenerally easier to get the visa at the U SGenerally easier to get the visa at the U.S. Generally easier to get the visa at the U.S. Consulate or Embassy of foreign national’s Consulate or Embassy of foreign national’s home countryhome countryhome countryhome countryCan transition to become a permanent residentCan transition to become a permanent residentL i d f (6 )L i d f (6 )Long period of stay (6 years)Long period of stay (6 years)

19191919

Disadvantages toDisadvantages to HH--1B1BDisadvantages to Disadvantages to HH 1B1BWage requirements (prevailing wage)Wage requirements (prevailing wage)All financial support must come from UVAAll financial support must come from UVAPaperworkPaperworkLength of processing timeLength of processing timeThe expense related to expedited processing of The expense related to expedited processing of p p p gp p p gpetitionspetitionsDependents of H1B’s (H4) are not allowed to workDependents of H1B’s (H4) are not allowed to workp ( )p ( )No Official “Grace Period” for H1B holders after No Official “Grace Period” for H1B holders after their period of authorized stay ends or after their their period of authorized stay ends or after their

2020employment terminates.employment terminates.

2020

New Travel RestrictionsNew Travel RestrictionsNew Travel RestrictionsNew Travel Restrictions

Renewals of HRenewals of H--1B visas (entry stamps in the1B visas (entry stamps in theRenewals of HRenewals of H--1B visas (entry stamps in the 1B visas (entry stamps in the passport) within the U.S. are no longer passport) within the U.S. are no longer possiblepossiblepossible.possible.

The only place a visa stamp can be issued now The only place a visa stamp can be issued now is at a U.S. consulate or embassy abroad.is at a U.S. consulate or embassy abroad.

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New Security MeasuresNew Security MeasuresNew Security MeasuresNew Security MeasuresLonger visa processing times for Longer visa processing times for beneficiaries applying outside of the U Sbeneficiaries applying outside of the U Sbeneficiaries applying outside of the U.S.beneficiaries applying outside of the U.S.Difficulties Difficulties in applying for visas in third in applying for visas in third countriescountriescountries.countries.Increased scrutiny for individuals working Increased scrutiny for individuals working in sensitive areasin sensitive areasin sensitive areas.in sensitive areas.

*Contact the HR/CIS before foreign national *Contact the HR/CIS before foreign national travels outside the US.travels outside the US.travels outside the US.travels outside the US.

*Knowledge regarding proper USCIS *Knowledge regarding proper USCIS procedures and documentation is crucial.procedures and documentation is crucial.

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pp

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TRAVEL WARNING!TRAVEL WARNING!TRAVEL WARNING!TRAVEL WARNING!IF YOU ARE A FOREIGN NATIONAL IF YOU ARE A FOREIGN NATIONAL PLANNING TO TRAVEL ABROAD:PLANNING TO TRAVEL ABROAD:

Please be advised that there has been a recent increase in security Please be advised that there has been a recent increase in security screenings of foreign nationals at U.S. Consulates abroad.screenings of foreign nationals at U.S. Consulates abroad. The U.S. The U.S. Department of State (DOS) and the U S Department of HomelandDepartment of State (DOS) and the U S Department of HomelandDepartment of State (DOS) and the U.S. Department of Homeland Department of State (DOS) and the U.S. Department of Homeland Security (DHS) have increased the level of review that international Security (DHS) have increased the level of review that international visitors face at U.S. Embassies and Consulates abroad, at airports, visitors face at U.S. Embassies and Consulates abroad, at airports,

d b d i i h C d d M i Th U Sd b d i i h C d d M i Th U Sand at border crossing posts with Canada and Mexico. The U.S. and at border crossing posts with Canada and Mexico. The U.S. State Department processing time for a security screening at a State Department processing time for a security screening at a consulate abroad is currently 12 weeks, with no option available for consulate abroad is currently 12 weeks, with no option available for y py pexpediting the process.expediting the process.

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TRAVEL WARNING!TRAVEL WARNING!TRAVEL WARNING!TRAVEL WARNING!Each foreign national, in consultation with theirEach foreign national, in consultation with theirEach foreign national, in consultation with their Each foreign national, in consultation with their department if appropriate, should make their own department if appropriate, should make their own decision regarding travel abroad.decision regarding travel abroad.dec s o ega d g t ave ab oad.dec s o ega d g t ave ab oad.HR/CIS advises undertaking travel abroad with the HR/CIS advises undertaking travel abroad with the understanding that returns to the U S may beunderstanding that returns to the U S may beunderstanding that returns to the U.S. may be understanding that returns to the U.S. may be significantly delayedsignificantly delayedAll f i ti l t li b d h ld bAll f i ti l t li b d h ld bAll foreign nationals traveling abroad should be All foreign nationals traveling abroad should be certain to carry documentation supporting their certain to carry documentation supporting their c rrent isa stat sc rrent isa stat scurrent visa status.current visa status.

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TRAVEL WARNING!TRAVEL WARNING!TRAVEL WARNING!TRAVEL WARNING!

HR/CIS recommends you contact our officeHR/CIS recommends you contact our officeHR/CIS recommends you contact our office HR/CIS recommends you contact our office with your passport and immigration documents with your passport and immigration documents as soon as you are aware of the date you planas soon as you are aware of the date you planas soon as you are aware of the date you plan as soon as you are aware of the date you plan to travel. We will review your documents, to travel. We will review your documents, provide you with up to date travel advice andprovide you with up to date travel advice andprovide you with up to date travel advice, and provide you with up to date travel advice, and sign your travel document (if necessary). More sign your travel document (if necessary). More information and advice can be found atinformation and advice can be found atinformation and advice can be found at information and advice can be found at http://www.hrs.virginia.edu/cis.htmlhttp://www.hrs.virginia.edu/cis.html..

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FUTURE UVAFUTURE UVAHH--1B PROCESSING1B PROCESSING

INSINS ZOOMZOOMINS INS ZOOMZOOMINSINSZoomZoom's University Edition is a comprehensive 's University Edition is a comprehensive l t i i i ti t tl t i i i ti t telectronic immigration management system.electronic immigration management system.

Allows for submission of HAllows for submission of H--1B petition materials 1B petition materials onon linelineonon--linelineAllows departments to monitor and manage Allows departments to monitor and manage foreign nationals within departmentforeign nationals within departmentforeign nationals within departmentforeign nationals within departmentProvides immigration history, and system for Provides immigration history, and system for retention and reuse of individual data on eachretention and reuse of individual data on eachretention and reuse of individual data on each retention and reuse of individual data on each foreign nationalforeign national 2626

HH--1B Visa Processing Update1B Visa Processing Update

USDOL:USDOL:USDOL:USDOL:The required The required Labor Condition Application (LCA)Labor Condition Application (LCA), previously , previously approved and issued instantaneously, effective approved and issued instantaneously, effective July 1, 2009July 1, 2009, is , is approved and issued through the U.S. Department of Labor. It is approved and issued through the U.S. Department of Labor. It is expected that such approvals will take at least seven (7) days. expected that such approvals will take at least seven (7) days.

Additionally, effective January 1, 2010, all Additionally, effective January 1, 2010, all prevailing wage prevailing wage determinations determinations (an element of the LCA), currently sourced (an element of the LCA), currently sourced instantaneously, are required to be processed through the U.S. instantaneously, are required to be processed through the U.S. Department of Labor Chicago. It is expected that issuance of a Department of Labor Chicago. It is expected that issuance of a prevailing wage by USDOL will take thirty (30) days.prevailing wage by USDOL will take thirty (30) days.prevailing wage by USDOL will take thirty (30) days.prevailing wage by USDOL will take thirty (30) days.

2727

HH--1B Visa Processing Update1B Visa Processing Update

WHAT DOES THIS MEAN FOR HWHAT DOES THIS MEAN FOR H--1B VISA1B VISAWHAT DOES THIS MEAN FOR HWHAT DOES THIS MEAN FOR H 1B VISA 1B VISA PROCESSING AT UVA?PROCESSING AT UVA?

Submit HSubmit H--1B Application Materials Early1B Application Materials Early: These changes : These changes effectively add 40 days to Heffectively add 40 days to H--1B processing times. This includes 1B processing times. This includes

h i d ll l ih i d ll l icases that are premium processed, as well as regular processing.cases that are premium processed, as well as regular processing.

With USCIS processing times forWith USCIS processing times for regularregular HH 1B petitions averaging1B petitions averagingWith USCIS processing times for With USCIS processing times for regularregular HH--1B petitions averaging 1B petitions averaging between 3between 3--5 months , along with the added USDOL processing 5 months , along with the added USDOL processing times above, it is recommended that Htimes above, it is recommended that H--1B petitions submitted for 1B petitions submitted for

l i b b i d l h i dl i b b i d l h i dregular processing be submitted as early as 8 months in advance.regular processing be submitted as early as 8 months in advance.2828

HH--1B Visa Processing Update:1B Visa Processing Update:

WHAT DOES THIS MEAN FOR HWHAT DOES THIS MEAN FOR H--1B VISA1B VISAWHAT DOES THIS MEAN FOR HWHAT DOES THIS MEAN FOR H 1B VISA 1B VISA PROCESSING AT UVA?PROCESSING AT UVA?

For HFor H--1B cases that will be 1B cases that will be premium processedpremium processed with USCIS (15 with USCIS (15 calendar days processing time), it is recommended that cases be calendar days processing time), it is recommended that cases be submitted 4 months in advancesubmitted 4 months in advancesubmitted 4 months in advance.submitted 4 months in advance.

Departments should be certain to submit information in HDepartments should be certain to submit information in H--1B1BDepartments should be certain to submit information in HDepartments should be certain to submit information in H 1B 1B packet describing the packet describing the minimumminimum requirements for the position. The requirements for the position. The position requirements guide DOL in making a wage determination.position requirements guide DOL in making a wage determination.

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HH--1B Visa Processing Update1B Visa Processing Update

POTENTIAL ISSUES FACING DEPARTMENTS AS APOTENTIAL ISSUES FACING DEPARTMENTS AS APOTENTIAL ISSUES FACING DEPARTMENTS AS A POTENTIAL ISSUES FACING DEPARTMENTS AS A RESULT OF NEW DOL REQUIREMENTSRESULT OF NEW DOL REQUIREMENTS

Prevailing Wage Determination could return from USDOL with Prevailing Wage Determination could return from USDOL with wage rate higher than was offered by department for position.wage rate higher than was offered by department for position.

Department offer letter might need to be amended with higher wage Department offer letter might need to be amended with higher wage information.information.information.information.

LCA could be denied, need to be resubmitted.LCA could be denied, need to be resubmitted.

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Q & AQ & AQ & AQ & A

Human Resources Human Resources –– Compliance & Immigration ServicesCompliance & Immigration Servicesp gp g914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904--41274127

Jose Fleming (434) 243Jose Fleming (434) 243--20312031Tim White (434) 982Tim White (434) 982-- 27352735

F (434) 924F (434) 924 31943194Fax: (434) 924Fax: (434) 924--31943194

Visit our webVisit our web--site for more information at:site for more information at:

3131

Visit our webVisit our web--site for more information at:site for more information at:

http://www.hrs.virginia.edu/cis.htmlhttp://www.hrs.virginia.edu/cis.html 3131