Other Professional Services (OPS)-Payments to Domestic and International Employees

Presented byNina Bates, Business Administrator, Office of the ProvostDana Bleau, Director, International Faculty & Scholars,

Global Initiatives

Other Professional Services Compensation (OPS)

Objectives: Definition and

purpose When OPS is

applicable Completing the form Resources: Reports

in UAccess Analytics How OPS intersects

with immigration regulations

Questions

Definition and Purpose

not part of the normal duties and responsibilities and/or outside home department

Fixed fee/payment

Short period of time (i.e. one semester)

Other Professional Services Compensation (OPS)

Definition and Purpose (cont.)

Work not tied to hours

Does not count toward employee’s maximum Supp Comp Authorized Earnings

Minimal payment

Types of OPS are: Instruction – Credit, Instruction – Non-Credit, Incidental/Project Specific Assignment

Other Professional Services Compensation (OPS)

Examples:

Incidental/Project Specific

Non-credit courses Credit courses

Guest speaker for workshop

Manuscript review for UA Press

Short period interim position

CESL

Executive Education

Outreach/Distance Courses

Evening MBA

Executive MBA

Teaching for a semester for other department

Other Professional Services Compensation (OPS)

What to watch for

OPS cannot be paid on sponsored accounts

May not be used for long term duties (i.e. stipend may be used)

Other Professional Services Compensation (OPS)

What to watch for (cont.) May not be used for compensation for Limited

Term Adjuncts (i.e. same duties in the same department – FTE increase). Watch for Affordable Care Act (ACA) and retirement eligibility.

Low FTE and non-benefits eligible employees (ACA and retirement eligibility)

May not be used for compensation paid to foreign nationals (details to follow)

Other Professional Services Compensation (OPS)

Domestic Hypothetical 1

A graduate Academic Advisor in the English department who is at 0.50 FTE is given duties to advise undergraduate students for a semester.

Domestic Hypothetical 1

How do you pay the advisor?

Temporarily increase FTE – same duties

Domestic Hypothetical 2

A faculty member in the Geography department who is at 1.0 FTE is working on a final report for a grant for the Institute of the Environment.

Domestic Hypothetical 2

How do you pay the faculty member?

Supplemental Compensation paid on a grant account or OPS paid on another account.

Domestic Hypothetical 3

An adjunct lecturer in Educational Psychology working at 0.25 FTE. He has been asked to teach a course in Teaching Teacher Education for a semester.

Domestic Hypothetical 3

How do you pay the adjunct faculty member?

Increase FTE and split fund

Note: Watch for ACA and retirement eligibility.

Domestic Hypothetical 4

A full time faculty member in Aerospace and Mechanical Engineering is serving as the chair of a committee for an academic year and is being compensated for his service.

Domestic Hypothetical 4

How do you pay him? Other stipend processed

in UAccess employee. If it is for a semester? OPS

Policies and Forms HR website

http://www.hr.arizona.edu/compensation_definitions_faculty_appointed-professionals

Systems Control website http://syscon.arizona.edu/other-compensation

E-forms http://uabis.arizona.edu/eforms/

Completing the Form

Most information can be found in UAccess Employee – Manager Self Service – Position Cross Reference

Where to look? Reports in Analytics can guide you.

Citizenship StatusDashboard > Employee > Employee Detail > Employee Profile

Historical CompensationDashboard > Employee > Business Manager Home Page > Supplemental Compensation

Low FTE Non-Benefits Eligible Employees UAccess Analytics > Employee > Business Manager Home Page > SUP Comp History

Self-audit UAccess Analytics > Employee > Workforce > All Active Employees

When, if at all, is it appropriate to use OPS to pay foreign national employees?

- Depends on immigration status:- Is activity allowed?- Is work authorization restricted?- Is an Employment Authorization

Document (EAD) being used?

Guidance memo issued on January 30, 2015:

http://uaatwork.arizona.edu/uannounce/other-professional-services-ops-payment-international-scholars-faculty-employees

Other Professional Services Compensation (OPS)

J-1 Research Scholars and Professors

Authorized to participate in a pre-approved, specific program.

Not authorized to perform work/activities outside of their regular program.

Details of their program include: Funding amount Program activity Site of activity

Other Professional Services Compensation (OPS)

J-1 Research Scholars and Professors (cont.)

Any deviation must be pre-approved by International Faculty & Scholars and entered into SEVIS.

Since J-1 Research Scholars and Professors may not engage in activities outside of their listed program activities, they are not, by definition, eligible for OPS.

Other Professional Services Compensation (OPS)

International Hypothetical 1

J-1 Research Scholar approved to teach English in CESL. Native language is Spanish. Scholar offered a part-time position teaching Spanish in the Spanish Department.

Can Scholar teach Spanish?

Not listed on DS-2019 – cannot teach Spanish.

Amend DS-2019 – may teach Spanish.

International Hypothetical 1

How do you pay? OPS payment – No.

Split fund – Yes. Two departments paying one employee for two different services.

H-1B and O-1 Employees

H-1B employees are only authorized to perform the duties stated in the I-129 petition and LCA. A new LCA and H-1B petition seeking an amendment is required before any changes in duties, salary, hours and/or job location(s), including departments, can be made. O-1 employees have the same restrictions, but for the filing of the LCA.

H-1B and O-1 Employees (cont.)

H-1B Academic appointment teaching faculty They may pick up courses in the

summer, but only if the same field as listed on the I-129 and approved by USCIS.

May not pick up courses in a different field, location, etc. until an amendment request is received by USCIS.

Since H-1B and O-1 employees may not engage in work outside of their government approved duties, they are not, by definition, eligible for OPS.

International Hypothetical 2

H-1B Employee authorized by USCIS to work in Optical Sciences teaching courses on lasers. Native language is French and has been offered temporary summer position to teach in the French department.

Can H-1 B employee teach French?

No. H-1B petition was not approved for teaching French.

Amend H-1B petition. May begin teaching at time USCIS receives petition. This can take up to 3 months.

International Hypothetical 2

How do you pay? OPS payment – No.

Teaching French was not approved by USCIS.

Split fund – Yes, IF an amended petition was submitted before teaching French.

International Hypothetical 3

O-1 Alien authorized by USCIS to work in Athletics coaching and recruiting. O-1 would like to teach a Nutrition class in the summer.

Can O-1 employee teach Nutrition?

No. O-1petition was not approved for teaching courses.

Amend O-1petition. May begin teaching once USCIS approves petition. This can take up to 3 months.

International Hypothetical 3

How do you pay? OPS payment – No.

Teaching was not approved by USCIS.

Split fund – Yes, once O-1 is approved to include new duties.

International Hypothetical 4

Faculty member has a pending Permanent Residency (PR) petition and an accompanying Employment Authorization Document (EAD).

Can PR employee engage in work outside of their regular assignment?

Yes, if they are using their EAD card. There are no restrictions on the EAD card, but for the validity dates.

International Hypothetical 4

How do you pay? OPS payment – Yes, if

appropriate. Split fund – Yes, if

appropriate.

International Hypothetical 5

F-1 Engineering student on OPT lectures in Engineering & Mines. He has been asked to lecture a few times in Electrical Engineering.

Can F-1 student on OPT with an EAD teach in Electrical Engineering?

Yes, because: 1. Student has an EAD

card and 2. Electrical Engineering

is relevant to his field of study.

International Hypothetical 5

How do you pay? OPS payment – Yes, if

appropriate. Split fund – Yes, if

appropriate.

International Hypothetical 6

F-1 Engineering student on OPT lectures in Engineering & Mines. He has been asked to lecture a few times in Music due to his extensive knowledge of native instruments.

Can F-1 student on OPT with an EAD teach in Music?

No, because: 1. Although student has

an EAD card 2. Music is not relevant

to his field of study.

International Hypothetical 6

• F-1 students using OPT know that they must work only in areas relevant to their area of study. Compliance is the student’s responsibility.

• Contact International Student Services at dso@email.arizona.edu for all F-1, OPT, and J-1 Student issues concerning employment using an EAD.

Office of the Provost http://provost.arizona.edu/520-621-1856

Office of International Faculty and Scholars https://global.arizona.edu/international-faculty520-626-6289

Office of International Students https://global.arizona.edu/international-students520-621-4627

Contact Information

Questions?