Hiring Foreign Nationals: The

“When”, “How”, and “Why” at UIC

1

2

James Hammerschmidt

Executive Director

Office of International Services

OBJECTIVES

• Immigration processes

• Common types of immigration statuses/visa categories

• Current UIC procedures

• Current challenges/changes landscapes

--Federal government requirements

-- Hiring Civil Service Employees

--- New hires vs. Position Conversions

• Questions

3

IMMIGRATION-RELATED GOVERNMENT AGENCIES

• U.S. Department of Homeland Security

– U.S. Customs and Border Patrol (CBP)

• Ports-of-entry

• Local District Office (Chicago)

– Immigration and Customs Enforcement (ICE)

• Local District Office (Chicago)

– U.S. Citizenship & Immigration Services (USCIS)

• Service Centers

• U.S. Department of State

– Embassies and consulates abroad

– Visa Office in Washington D.C.

– Exchange Visitor Program Office

• U.S. Department of Labor

4

TYPES OF IMMIGRATION/VISA CATEGORIES

• Nonimmigrant

– Temporary (have time limitations)

• Immigrant

– Permanent

– Annual quota limitations

• Dual Intent

– Temporary or Permanent (example: H-1B)

5

Visa vs. Status

Visa

Stamp in passport

Entry document

Used to apply for admission to the US

Obtained only outside the US

Does not need to remain valid once admitted to the US

Status

I-94 Card – now retrievable online at: http://i94.cbp.dhs.gov/

Permission to stay in the US

Assigned at port of entry (or upon approval from USCIS for a change of status)

D/S (“Duration of Status”) or date-specific

In conjunction with other immigration documents (I-797, I-20, DS-2019, etc.)

6

COMMON NONIMMIGRANT CATEGORIES AT UIC

• B1/B2 or WB/WT: Tourist or Business Visitor

• F-1: Student

• J-1: Exchange Visitors or Students

• J-2: Dependents with work authorization (“EADs”)

• H-1B: Professionals in a Specialty Occupation

• E-3: Australian Specialty Occupation

• TN: Professionals under NAFTA (Canada/Mexico)

• O-1: Aliens of Extraordinary Ability

• PR/1-485 pending: Pending immigrants

7

Temporary Work Visa/Permit Process

Department identifies

potential candidate

Department official

contacts OIS

OIS makes initial

assessment based

on candidate's qualifications

and “job” offered

Department submits

appropriate forms

to OIS for processing

OIS reviews applications and contacts

department with questions

OIS prepares and submits

H-1B petition, TN application

or O-1 petition to the immigration

service (USCIS)

OIS prepares the DS-2019 for the

J-1 Exchange Visitor and notifies

the department

If in the US:

obtains approval notice and

checks-in with OIS

If outside the US:

Int'l applies for a visa (entry permit)

and enters the US

Int'l checks-in with OIS before beginning work/program

F-1 STUDENT

• If enrolled full-time - eligible to work on campus with OIS approval

– up to 20 hours/week during semester

– up to 40 hours/week during breaks

– Maximum of 20 hours/week or 50% appointment— not both

• Can obtain maximum of 1 year* of Optional Practical Training (OPT)

work authorization in field of study

– *Exceptions exist (“cap-gap”, STEM/17-month ext.)

– Employment Authorization Document (EAD Card)

– F-1/OPT/CPTs must check-in at OIS with offer letter, and

immigration documents

9

F-1 OPT vs. H-1B

• Reasons to use OPT:

– EAD provides work

flexibility

– No obligation or filing fees

for department

– Recommended to use OPT

time before beginning H-1B

time

– One-time benefit

– Travel flexibility

• Reasons not to use OPT:

– Usually not eligible for full

UIC health benefits

• Stipend provided in

most cases that covers

part of health insurance

cost

– Cannot recapture unused

time of OPT

– Department wants to begin

LPR process ASAP

10

J-1 EXCHANGE VISITOR PROGRAM

Objective: Temporary visits for “cultural exchange”—expectation to

return to home country with knowledge/experience obtained in U.S.

Health insurance requirement

◦ Substantial Presence UIC policies not sufficient

Eligibility:

◦ Knowledge and experience in a specific field (ex. Molecular

Biology)

◦ Adequate funding

◦ English proficiency

UIC Categories: Student Intern, Short-term Scholar, Research Scholar, Professor, Specialist

◦ Each category has specific uses, limitations, requirements, etc.

11

J-1 POINTS TO CONSIDER

Regulatory restrictions: 212e, 12 & 24-month bars…

“30-day grace period”

◦ Prepare for departure

◦ No employment allowed

Taking classes permitted

◦ But must be incidental to UIC program/research

Direct patient contact or care

◦ Not allowed for UIC-sponsored J-1s

Change in activities, worksite, funding, etc.

Consult OIS first

Interdepartmental transfer - download form from website

12

J-1 SHORT TERM SCHOLAR

Purpose: For short-term visits to lecture, observe, consult, train, or

demonstrate special skills.

• No longer used for “research”

• Maximum 6-month stay

• 2 year home residency requirement possible 212(e)

13

J-1 RESEARCH SCHOLAR/PROFESSOR

Purpose: To engage in research, teaching, and lecturing with US colleagues.

• Maximum 5-year stay

• 2-Year Home Residency Requirement 212(e) possible

• “12-Month bar”

– J-1 student or J-2

– Does not affect short-term scholars or visits less than six months

• “24-Month bar”

– Would affect a prior Research Scholar

– Once program ends, not able to repeat for 24 months from date of “departure” (date taken from OIS Departure Verification Form)

– Does not need to remain in home country

14

J-1 STUDENT INTERN

Purpose: For students enrolled in a degree program overseas.

Maximum12 month stay

2-Year Home Residency 212(e) Requirement possible

Intention to return home and graduate

UIC program/visit is essential to their degree program

Less than 20% clerical work

Need DS-7002 signed by multiple parties

English proficiency – 3 ways to validate

Program evaluation required prior to departure

15

H-1B SPECIALTY OCCUPATION

• Temporary, professional/specialty position

• Immigrant and nonimmigrant intent (dual intent)

• Employment-based (employer petitions for employee)

• Bachelor’s degree or higher required in a specialized field

• Educational credential evaluation required for all foreign degrees

• Appropriate state licensure prior to filing, if required for the job

16

H-1B SPECIALTY OCCUPATION (CONT.)

• Maximum of 6 years H-1B time, unless:

– Recapturing time – requires evidence of time outside U.S.

– In the LPR process – I-140 approval, I-140 pending for 365 days,

or Labor Certification pending for 365; may be eligible for 1 or 3

year extension

• Academic institutions not subject to yearly cap

• Must be paid “prevailing wage” as determined by US Department of

Labor.

17

TYPES OF H-1B PETITIONS

• New

– Change of Status (COS) within the U.S.

– Overseas

• Portability

– Transferring H1B from another employer to UIC

• Extension (may include an amendment)

– Extending the status of current UIC H1B employee

• Amendment

– Notifying immigration of change in job duties

18

HUMAN RESOURCES POINTS TO CONSIDER

Changes to original UIC appointment

◦ Usually requires an H-1B amendment to be submitted to USCIS

I.e. Change from full-time to part-time

I.e. Change in departments or job duties

◦ Allow 6-8 weeks for amendment to be processed by OIS

Dual Titles – contact OIS to discuss

Return cost home – obligation of department if job ends sooner than requested H-1B end date.

LOA – OIS must be notified in writing by department

Benefits - H-1Bs must receive full UIC benefits

19

HUMAN RESOURCES POINTS TO CONSIDER

(CONT.)

• Collective Bargaining Agreement

– Is the salary for this position determined by Collective Bargaining

Agreement?

• If so, OIS is required to obtain a copy of the Collective

Bargaining Agreement prior to submitting the Prevailing

Wage Request to US Department of Labor

– If Collective Bargaining Agreement applies to the position, notice

must be provided to the Collective Bargaining

Representative/Union prior to filing of the H-1B application

20

H-1B GENERAL TIME LINES

From the time OIS receives a complete Request to H-1B Approval

Notice in-hand:

New with optional premium processing: 6-10 weeks

New, with regular processing: 4-6 months

In certain cases listed below, only a Receipt Notice is necessary in

order to begin employment:

Portability, Extension, and Concurrent: 6-8 weeks

Amendment: processing time varies, 3-8 weeks

21

BREAKDOWN OF H-1B GENERAL TIME LINES

• OIS (after all information received): 1-3 days

− Immigration Tracker: Department’s Intake, International’s Questionnaires

and “Supplemental Page”

– Request Forms - signed, hard copies

– Supporting documentation from the Checklist

• U.S. Department of Labor

– Prevailing Wage Determination: approximately 45-60 days

– Labor Condition Application: 10 business days (processing and posting)

• U.S. Citizenship & Immigration Services (adjudication)

– Regular processing: 2-5 months

– Optional Premium Processing : 15 business days

• U.S. Postal Service (approval notice): 4-15 business days

22

CURRENT CHALLENGES/CHANGES IN THE

LANDSCAPE • Federal Level:

• Background/security check delays

− Visas at consulates

− USCIS filings Stricter legal standards

• Department of Homeland Security Site Visits

• Department of Labor and PERM Regulations

• University Level: • Civil Service Positions

− Minimum requirements

− Classification type: union vs. non-union

− New hires vs. position conversions

− Faculty and IT positions

23

O-1 ALIEN OF EXTRAORDINARY ABILITY

• “An individual alien who has extraordinary ability in the sciences,

arts, education, business, or athletics.”

• Initial petitions = 3 years maximum

• Subsequent petitions = 1 year increments

• Immigrant intent: if O-1 has an I-485 adjustment application pending,

may NOT apply for extension of O-1 status

• High burden of proof is required by the employer.

24

LEGAL PERMANENT RESIDENCY (LPR)

• May live and work in the U.S. permanently in same manner as a

U.S. citizen

• Eligible to become naturalized U.S. citizen after 5 years as a

permanent resident (3 years if married to U.S. citizen

sponsor/petitioner)

25

EMPLOYMENT-BASED IMMIGRANT

CATEGORIES USED BY UIC

• First preference:

– outstanding researcher or professor

• No Labor Certification Required

• Immigrant petition filed with DHS

• Adjustment application or consular processing by the

beneficiary

26

EMPLOYMENT-BASED CATEGORIES (CONT.)

• Second preference

– advance degree professional or “exceptional

ability”

• Labor certification is obtained first

– Teaching positions

– Non-teaching positions

• Immigrant petition filed with DHS

• Adjustment application or consular processing by the

beneficiary

27

EMPLOYMENT-BASED CATEGORIES (CONT.)

• Third preference

– Professionals (individuals hold at least a bachelor’s degree

in specific field of endeavor)

• Labor certification is obtained first

– Non-teaching positions

• Immigrant petition filed with DHS

• Adjustment application or consular processing by beneficiary

28

LPR POINTS TO CONSIDER

Beneficiary

If “Pending LPR petition” and he/she wants to change departments:

◦ New position must have similar job requirements and duties

◦ Must be approved by OIS prior to the change

◦ H1B petition will need to be amended before change occurs

Administrator

Must be “permanent” position as defined by HR and immigration law

Funding for at least 5 years

If position eliminations related to similar jobs have occurred in the past 6 month within Department:

◦ These individuals must be notified and considered for the job

29

LPR APPROXIMATE TIME FRAMES

• Labor Certification

– PERM Labor Certification process for teaching appointments—6 to 9 months

– Contact OIS before beginning recruitment process

• I-140 Immigrant petition

– Approximately 2- 4 months

– Premium Processing available now – 15 business days

• Adjustment (I-485) / Consular Processing

– 6 -12 months

30

OTHER IMMIGRATION-RELATED MATTERS

“Volunteerism” – use caution; discuss with OIS prior

Notify OIS prior to any changes in job/program objectives, funding,

locations, etc.

International must notify OIS immediately of residential address change

Social Security Administration Procedures

◦ Not all internationals are eligible for SSNs

◦ Must have a bona fide offer of employment

31

DEPARTURE FORM

• Complete Departure Verification Form (DVF) (available for

download at www.ois.uic.edu)

• For Js and Hs transferring-out to another institution:

– Before resignation/leaving, J/H should discuss process with an

OIS advisor

– Employment and status must be continuous

32

QUESTIONS

33

HELPFUL WEBSITES:

• OIS: http://www.ois.uic.edu

• US Dept of State: http://www.travel.state.gov/

• US Visas: http://www.unitedstatesvisas.gov/

• USCIS, DHS: http://www.uscis.gov/

• US-ICE, DHS: http://www.ice.gov/

34

CONTACT INFORMATION:

Office of International Services (MC 326)

2160 Student Services Building

1200 West Harrison Street

Chicago, IL 60607

Tel: 312-996-3121

Fax: 312-996-9432

www.ois.uic.edu

35