Office of International Services

1

• Office of International Services
• www.umaryland.edu/ois
• Phone [phone]
• Fax [phone]

Renee Mason, Director rmason_at_umaryland.edu
Jason ReBrassier, Int. Scholar Advisor jrebr002_at_um
aryland.edu
Daniele Franz, Admin. Assist. dfran009_at_umaryland.e
du
2
International Students Admissions Process

• The process of admitting international
  students is performed by each school. With SIMS,
  each school/program will process the
  International student's application and make an
  Admissions Decision. Once an International
  Student is admitted, each school/program will
  pass that information along to OIS (Office of
  International Services) to complete required
  immigration paperwork.

3
International Students Admissions Process

• Schools/programs are required to process their
  own international student applications. When
  entering information into SPAPERS, enter the
  appropriate citizenship code, using OIS
  guidelines.
• Individual schools/programs are responsible for
  sending an acknowledgment letter to
  internationals. The letter must include info on
  where to send proof of English proficiency and
  financial documentation.
• OIS will make any subsequent corrections to
  citizenship when notified by the student or
  school/program.
• Individual schools/programs are responsible for
  making a copy of the admitted internationals
  application, admissions letter and sending the
  copies to OIS. At the time of admission,
  schools/programs must also forward any TOEFL
  and/or financial documents they may have received
  form the applicant.
• A Registration Hold will be placed on all
  admitted international students until cleared
  through OIS.
• OIS is responsible for sending appropriate forms
  to the student upon receipt of all required
  immigration documentation.
• Once the student is cleared through OIS, the
  Registration Hold will be removed by OIS.

4
Post-completion OPT 90-60-90 Rule

• OPT petitions may be filed 90 days before
  graduation date
• Requested start date for OPT must be within 60
  days of graduation date
• DHS allows for 90 days after the start date on
  the approved EAD card for individuals to report
  on their employment

5
E-Verify and STEM OPT

• 1.  Does a university need to participate in
  E-Verify if it is petitioning for F-1 STEM OPT
  students who are seeking an extension of 17
  months as an employer? Is it then required to use
  E-Verify for all its existing employees?
•             Universities, as employers, must
  enroll in E-Verify when petitioning on behalf of
  an F-1 STEM OPT student who seeks a 17-month
  extension.  The university must then verify the
  employment authorization of all of its newly
  hired employees. However, as
• discussed below, there are special rules for
  Federal contractors who are subject to the
  Federal Acquisition Regulation (FAR) E-Verify
  clause.
•             If a student is completing OPT and
  currently employed by a university that has not
  yet enrolled in E-Verify, that university must
  enroll in E-Verify for the student to be eligible
  to receive a 17-month STEM OPT extension. The
  student must meet all other requirements for the
  extension. The university must provide the
  student with its E- Verify ID number when the
  student completes Form I-765, Application for
  Employment Authorization.
•             If the university has not yet
  enrolled in E-Verify and the STEM OPT student is
  an existing employee, that student does not need
  to be verified in E-Verify. However, if your
  organization or existing employee is subject to
  the FAR E-Verify clause, you may be required to
  verify him or her under certain circumstances.
  Some universities affected by the FAR E-Verify
  clause may also qualify for an exception to this
  rule. 
•              If your organization is subject to
  the FAR E-Verify clause, please refer to the
  Supplemental Guide for Federal Contractors
  available at http//www.nafsa.org/groups/www.dhs.g
  ov/everify after September 8, 2009. This guide
  will provide information on   special rules that
  apply to Federal contractors that are subject to
  the FAR E-Verify clause.

6
2.  Are universities that enroll as a Federal
contractor considered to be an E-Verify employer
for purposes of USCIS's determination of
eligibility for the 17-month F-1 STEM OPT
extension?             The university can be
enrolled as either an employer or a Federal
contractor.  For an F-1 STEM OPT student to be
eligible for the17-month extension, the
university, as an employer, need only be enrolled
in E-Verify.  No matter how a university enrolls,
it will be issued an E-Verify ID number that is
required when a STEM OPT student files Form
I-765, Application for Employment Authorization.
3.  For F-1 STEM OPT students who seek a
17-month extension, does it matter if a
university, as an employer, chooses to verify
only a certain portion of its employees through
E-Verify?             A university, as an
employer, must examine the reasons it chooses to
participate in E-Verify, as this will determine
when it must use E-Verify.  If the university
wants to hire students on a STEM extension, it
must enroll in E-Verify and use E-Verify for all
new hires, not just a student on a STEM
extension.  The university does not need to be
awarded a contract containing the FAR E-Verify
clause to enroll in E-Verify or hire students on
STEM extensions.             However, if an
exempted organization (including an institution
of higher education) is awarded a contract
containing the FAR E-Verify clause, the
organization must enroll in E-Verify and is
required to use E-Verify only for existing and
new employees working on that contract - not all
new hires.  The organization may choose to use E-
Verify with all new hires but is not required to
do so.  If the employer is both a Federal
contractor and wishes to hire F-1 STEM OPTs, it
needs to verify all new hires plus existing
employers assigned to the Federal contract as is
required by the Federal contractor rule.  4. 
Must the F-1 STEM OPT student work on a Federal
contract and be classified as an "employee
assigned to the contract" to qualify for the
17-month extension?             No. The student
does not need to be assigned to a Federal
contract to be eligible for the 17-month
extension.  The student is still required to meet
the OPT eligibility criteria regardless of how
the university is enrolled. 
7
HR Relations

• Please submit Change in Status form to OIS for
  issues needing to be reported to HR, (i.e.
  changes of job title, salary, department, J-1
  extensions)
• Individuals not sponsored by OIS, yet who are
  employed by UMB remain clients of their original
  sponsoring institution, (i.e. OPT) do not require
  the Change in Status, form

8
J-1 Exchange Visitor Important Issues

• Termination/Resignation let me know
• Transferring J-1 Exchange program let me know
• Extension of current program let me know
• Traveling abroad let me know
• Health/repatriation of remains insurance Not
  optional

9
J-1 Insurance Mandate

• Each J-1 scholar must provide proof of
  health/repatriation insurance to meet the
  following conditions upon arrival to OIS NOT
  OPTIONAL
• 50,000 for accident/illness
• 7,500 for repatriation of remains
• 10,000 for medical evacuation to the home
  country
• a deductible (the amount you pay before the
  insurance begins to pay) not to exceed 500 per
  accident or illness
• co-insurance not to exceed 25 payable to the
  Exchange Visitor or sponsor
• a specific rating of the insurance carrier's
  ability to pay insurance claims

10
12 24-Month Bar Restrictions

• 12-month bar Applicable to any J-1 category
  other than Professor/Research Scholar, (i.e. J-1
  student)
• Less than 6 mos. No restriction to repeat
  participation
• More than 6 mos. 12-month restriction as of
  date of completion
• 24-month bar Applicable to Research
  Scholar/Professor category
• 24-month restriction as of Exchange Visitor
  completion date in SEVIS

11
2-Year Home Residency Requirement

• J-1 Exchange Visitor program is 5 years of
  eligibility Avail yourself of this time, think
  long term
• Is unrelated to 12/24 month bars
• Government financing, (i.e. NIH, ECFMG, foreign
  sponsorship)
• Skills list, (i.e. urgent need in home country)

12
Adjusting of Status

• Quickest most assured way for approval is to
  return home and apply
• Requires waiver of 212(e) for those subjected
• Takes 8-10 weeks, but 3-6 months is possible for
  petitions filed in U.S.

13
H-1b Application Process

• Hiring the employee
• You must follow the correct hiring procedures for
  the procedures set forth by Human Resources. The
  process of obtaining an H visa must not be
  started prior to consultation with Human
  Resources
• Preliminary information for potential H visa
  applicant
• Fill out and submit the Preliminary Information
  for Potential H visa Applicant form
  http//www.umaryland.edu/ois/international/tempwor
  kers/prelimform.html
• Wage determination
• Labor Condition Application
• Petition for H visa status

14
H-1b Temporary Workers

• Job duties, salary, and job title are specific.
  Any change to these conditions requires contact
  with OIS. Some examples include
• Changing departments
• Increase/decrease in salary
• Moving from full-time to part-time

15
Information Sources

• Please refer to the following web-sites for more
  information on all visa classes, for information
  on your H-1b/J-2 employment authorization
  petition, or to contact OIS
• www.umaryland.edu/ois
• www.uscis.gov
• www.exchanges.state.gov/education