H1B1 Temporary Worker

1
H-1B1 Temporary Worker

• Temple University
• Office of International Services
• 203B 1700 N Broad Street (062-57)
• Philadelphia, PA 19122
• TEL [phone]
• http//www.temple.edu/ois

2
US Government Agencies

• US Citizenship and Immigration Service (USCIS-
  formerly known as INS ww.uscis.gov)
• US Department of Labor (DOL www.dol.gov)
• US Department of State (DOS www.state.gov)

3
H-1B1 Temporary Worker Status

• This status is used to employ professionals
  temporarily for periods of up to six years.
• Each H-1B petition may be for a period of time up
  to three years however, an employer may not
  sponsor an H-1B1 for a period of time which
  exceeds guaranteed funding.
• If funding or employment can only be guaranteed
  for one year at a time, then OIS will extend the
  status in yearly increments up to a total of six
  years.

4
Minimum of Bachelors Degree

• The position for which you wish to hire the
  H-1 must require a Bachelors or higher. The H1
  must hold the degree required by position.

5
SALARY MUST MEET PREVAILING WAGE AND THE ACTUAL
WAGE

• The actual wage is the amount being paid to all
  other TU employees with similar experience and
  qualifications for the specific position at the
  particular laboratory, center or department.
• The prevailing wage is the rate being paid in the
  greater Philadelphia area for the same
  occupation. If employment will take place at more
  that one site, we must determine the prevailing
  wage for both locations.
• The H-1 must be paid the higher rate of the
  prevailing or actual wage.

6
VIOLATIONS AND PENALTIES UNDERFEDERAL REGULATIONS

• FILING A LCA LABOR CONDITION APPLICATION
  WHICH MISREPRESENTS A MATERIAL FACT
• Civil Money Penalty up to 1000/violation
• Notice to CIS ETA regarding debarment from
  H-1B1 program
• Any other actions the Department of Labor deems
  appropriate
• 18 USC 1000 up to 10,000 fine and/or 5 years
  imprisonment

7

• FAILURE TO PAY REQUIRED WAGES
• Back wages to H-1B1 employee
• Civil Money Penalty up to 1000/violation
• Notice to US CIS ETA regarding debarment from
  H-1B1 program
• Any other actions the Department of Labor deems
  appropriate

8

• FAILURE TO PROVIDE REQUIRED WORKING CONDITIONS
• Civil Money Penalty up to 1000/violation
• Notice to US CIS ETA regarding debarment from
  H-1B1 program
• Any other actions the Department of Labor deems
  appropriate

9
Termination of an H Employee

• Recently, the Department of Labors
  Administrative Review Board held that an employer
  must pay the required salary to a terminated
  worker after the date of termination, until the
  employer can prove that it notified USCIS of the
  H-1Bs termination. This means that your
  department must notify our office immediately
  upon termination of an H-1. We must then notify
  USCIS. Your department is required to continue
  to pay the employee until our office has proof
  that USCIS has been notified.

10
Termination of an H-1 Employee

• In addition, the hiring department is
  obligated to pay the reasonable costs of the
  foreign nationals return trip to his/her home
  country in the event that the H-1s employment is
  terminated before the expiration of the
  employment approved by CIS.

11
REQUESTING H-1B STATUS

• Questionnaires are available from OIS web site at
  http//www.temple.edu/ois/home/h1b1j1/info_h1b1.ht
  m
• Please ensure that all questionnaires are
  completed and signed and that all required
  materials are submitted at one time.
• Missing information will cause unnecessary delays
  in processing of H Petition

12
APPLICATION PROCESS

• Department submits a COMPLETE application
  to OIS (or to OVPR if a Post-Doc position
  upon approval they will then forward it to OIS)
• Depending upon the nature of the position, OIS
  may need to submit a Request for a Prevailing Wage
  to PA Labor Department
• Upon determination that the employee will receive
  the higher of either the Prevailing  or Actual
  Wage, OIS sends a request to Human
  Resources to post the LCA 
• Once HR confirms the posting notice, OIS begins
  processing the H application 
• When the H1B1 application is ready, OIS express
  mails it to the USCIS via DHL (department and/or
  beneficiary will receive tracking number via
  email)
• USCIS mails a Receipt Notice to OIS
• USCIS mails an Approval Notice to OIS

13
Allow Sufficient Time for Petition

• Given the nature of compiling a petition for H-1B
  status, OIS requests a minimum of six (6) weeks
  to process such a petition.
• Hiring departments should plan for at least six
  weeks before the submission of the petition to
  the USCIS.
• Current USCIS processing time for petitions is
  three (3) to five (5) months.

14
Submit the Correct Fees

• NO ADDRESSES NEEDED FOR CHECKS - All required
  checks should be included with the H-1B
  Departmental Questionnaire.
• Hiring department or beneficiary must pay the
  190 Application Fee to USCIS plus a 30 express
  mail fee to Temple University JETs may be used in
   place of the 30 check ONLY  include JET
  copy-OIS account is 8007425103741000

15

• Initial and Transfer H 1B1 petitions must include
  a 500 Anti-Fraud Fee made payable to the
  Department of Homeland Security the 500
  must be paid by the hiring department and may
  not be charged back to the beneficiary
• Premium Processing Fee (Optional fee for those
  who need a response from USCIS within 15 days)
  1000 made payable to USCIS
• All fees (with the exception of the 500
  Anti-Fraud Fee) may be paid with personal checks

16
Start Date for Initial H-1s In US

• If the person you wish to hire is currently in
  the US in a non-immigrant status other than
  H-1B1, s/he may not begin working for you until
  the H petition is approved.
• The H-1 petition process could take from three
  (3) to five (5) months or longer, so many
  departments choose to Premium Process the H
  petition.

17
Start Date for Initial H-1s Abroad

• If the person you wish to hire is currently
  abroad and has never held H-1 status, s/he must
  wait abroad until the H petition is approved.
  The USCIS will notify the US Consulate closest to
  that persons residence of the approval. The
  potential employee must then apply for an H1 visa
  stamp. This could take days, weeks or months,
  depending on such factors as length of security
  and criminal checks, wait time at US Consulates,
  and holidays.

18
Start Date for Transfer H-1s

• A Transfer H-1B1 is someone who already
  holds H-1B1 status and is currently working at
  another institution. You do not need to wait for
  the petition to be approved. The H-1 is
  portable and may begin working at Temple once
  our office notifies you that we have received a
  Receipt Notice from USCIS.

19
Extending Temple-sponsored H-1s

• Our office may submit a petition for extension
  for an H-1B1 already working at Temple
  University no more than six months prior to the
  expiration date of the Hs current Approval
  Notice.
• Departments should submit the extension
  application no later than six weeks prior to the
  Hs expiration date in order to allow adequate
  processing time.
• There should be no interruption in the Hs
  employment as long as our office is able to
  submit the H extension petition to USCIS prior to
  the Hs expiration date.

20
Amending Temple-sponsored H-1s

• Any change in an H-1s job title, duties or
  terms and conditions of employment will most
  likely necessitate that the hiring department
  submit an H-1B1 Amendment Petition to our office.
  The H-1 may begin the new employment once our
  office has received a Receipt Notice from USCIS.
• Please email our office further information.

21
H-1 Amendment Petitions

• An H-1 may not teach a class, even at Temple,
  unless our office included teaching in the
  original job description in the H1B1 petition to
  USCIS. If any department at Temple wants to
  employ an H-1 as Adjunct Faculty, the
  hiring department will need to file an H1B1
  amendment application with our office to cover
  these additional duties. The H-1 may
  begin the Adjunct Faculty employment once our
  office has received a Receipt Notice from USCIS.
  

22
Changes in Job Duties

• The hiring department must notify the OIS in
  advance if the terms of the employment will
  change during the validity period of this H-1B1
  petition so an amended petition can be filed with
  the USCIS. Changes requiring Department of Labor
  and/or USCIS notification include, but are not
  limited to, changes in the hours worked,
  significant changes in job duties, changes in
  wages (other than regularly scheduled merit
  increases), and changes in location of position.

23
Premium Processing

• With Premium Processing, the USCIS
  guarantees that the Petitioner will receive a
  response (not necessarily an Approval) within 15
  calendar days. The cost for this service is
  1000. It can be paid by either the hiring
  department or the potential H1. Checks, which may
  be personal checks, should be payable to USCIS.

24
Check List for Department

• To Be Included in the H-1B1 Application
• Completed Departmental Application with all
  questions answered
• Job Offer Letter including a start date (and an
  end date, if applicable). We will only file an
  H-1B1 petition with the dates as they are listed
  in the offer letter (faculty appointment letters
  should come from the cognizant Deans office)

25
Check List for Department

• Formal Job Description from HR articulating
  the duties, dayto-day responsibilities and
  specific tasks, with percentage of time allocated
  to each task
• Check for 500 made payable to Department of
  Homeland Security for Initial and Transfer H
  petitions. N.B. A Temple employee who is
  moving from one Temple entity to another (such as
  Temple University to TU Hospital) must also pay
  this fee.

26

• Contact information
• Questions related to initial H-1B applications
  Martyn J. Miller (mjmiller_at_temple.edu)
• Questions related to H-1B extensions, transfers,
  and amendments Sharon Loughran
  (sharonl_at_temple.edu)