SOM Faculty Immigration Hiring Process November 2012 Presented by the Office of Faculty Affairs and the Dept. of Human Resources

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

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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

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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.

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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

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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

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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

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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

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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.

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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

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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


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


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


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?


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


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


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