A Workshop on International Scholar Employment at MU

1
A Workshop on International Scholar Employment
at MU

• Presenters Richard Porter, ISSS
  Coordinator Billie Freelon, H-1B Advisor.
• William B. Schiller, Davidson Schiller, LLC

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Employing J-1 Scholars
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J-1 Documentation and Reporting Requirements

• Student Exchange Visitor Information System
  (SEVIS)
• DS 2019 (Formerly IAP 66).
• 100 SEVIS fee
• Rules regarding reporting to the school after
  entry into the US.
• Rules regarding departure.
• Reporting address changes

4
SEVIS

• The Student and Exchange Visitor Information
  System is a web-based information system operated
  by USICE (ICE), The US Immigration and Customs
  Enforcement (Formerly the INS but now an agency
  under the Department of Homeland Security), to
  process visa documents, report changes, request
  benefits, add dependents, transfers, and many
  other visa related issues

The INS was divided up into three agencies under
the Department of Homeland Security USCIS,
USICE, and USCBP
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J-1 Form DS-2019 (SEVIS)
Dependents of J-1 scholars (J-2s) must possess
there own separate SEVIS document.
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SEVIS Fee

• All new J-1 scholars applying for a J-1 visa or
  requesting a change of status to J-1 must pay.
• Fee supports SEVIS.
• 100 fee paid online athttps//www.fmjfee.com/in
  dex.jhtml
• Scholar is required to pay.
• Sponsoring institution can pay the fee for the
  scholar but is not required to.

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New Arrival Reporting Requirements

• Scholar must enter the US and check in at ISSS
  within 30 days after SEVIS start date.
• When arrival into the US is delayed for 20 days
  beyond the SEVIS start date (allowing a 10 day
  buffer for ISSS check in), the ISSS will need to
  amend the program start date in SEVIS.

Department and or scholar must notify ISSS, if
scholar will arrive 20 days after start date.
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MU Arrival and Program Validation

• Scholar must check in at the ISSS after arriving
  in the US within 30 days after their program
  start date.
• After scholars check in, an ISSS advisor will
  validate the scholars program participation in
  SEVIS.
• Scholars who enter the US but do not have their
  program participation validated by ISSS within 30
  days from their SEVIS start date will be
  considered illegally present in the US

Scholars must check into ISSS immediately after
arriving in Columbia!
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Departure Reporting Requirements

• 30 day departure if scholars program ends as
  planned (end date on DS2019)
• 15 day departure if scholar ceases employment
  30 days before program end date.

Department must notify ISSS only when scholar
terminates program 30 days before end date.
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Scholars must notify the USCIS Regarding Address
Changes
J-1 program participants are legally required to
inform the USCIS of a change of address within 10
days
Scholars will notify USCIS indirectly regarding
changes of address by filling out the Scholars
Address Change Form at the International Center.
ISSS will note the change in SEVIS.
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Your Visa (an entry document)
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J-1 Program Restrictions

• Engage in Defined Activities
• Authorized Employment only
• Health Insurance Requirements
• Two Year Home Residency Requirement

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Engage in Defined Activities
Changing a J-1 category from scholar to student
or student to scholar is not possible once the
J-1 enters the US. This can only be done by
departing the US and re-entering with a new
document.
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Be Employed only with Authorization
J-1 Scholars can be paid for occasional lectures
or consultations off campus but only with written
authorization from an ISSS advisor.
No authorization is needed if the scholar will
only be reimbursed for reasonable expenses.
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Carry Health Insurance!
J-1 Visitors and their dependents are required by
law to carry Health Insurance that meets minimum
requirements.
Included in these minimum requirements is
Repatriation/Medical Evacuation coverage
(7,500/10,000).
Scholar will be asked to show documentary proof
of insurance (in English)! MU benefits eligible
employees will need to purchase an add-on policy
to cover Repatriation/Medical Evacuation.
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Two Year Home Residency Requirement (212.E)

• Those who are subject to this requirement must
  return to their home country and reside there
  (not in a third country) for two years after the
  completion of their J program before returning to
  the US on a work visa.
• Changes of immigrant status within the US are not
  possible unless this requirement is waived.

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J-1 Dependents (J-2)

• May be employed after receiving authorization
  from USCIS.
• Is subject to the Two Year Home Residency
  Requirement (212.E) along with the J-1.
• Can not remain in the US after the J-1 completes
  their program.
• Can study full-time or part-time.
• Must carry adequate health insurance equivalent
  to the standards set for the J-1 (expensive)

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J-1 Process at MU

• Department contacts the ISSS. Anadvisor will
  determine if J-1 isthe best option.
• Scholar must report to ISSS as soon as they
  arrive at MU, show proof of insurance, and attend
  a mandatory orientation.

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Help for Hosting Departments

• Scholars who are not employees of MU can still
  get staff/faculty ID cards enabling them to
  procure library privileges, keys to their
  office/laboratory, etc. Information regarding
  these procedures and other helps for hosting
  departments can now be found on our web site at
• http//international.missouri.edu/isss/departments
  /hosting.shtml

Other useful information on the ISSS Web Site
http//www.missouri.edu/icweb/isss/
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Advantages to J-1

• Quick processing (ISSS issues the J-1 document
  within 10 days)
• J-2 dependent can work
• Less paperwork
• Less problems related to the wage
• Research scholar programs can now be extended
  for up to 5 years

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Disadvantages

• Generally more difficult to get a visa at the US
  consulate or embassy
• 2 year home residency requirement for nationals
  from some countries.

22
Employing H-1B Workers
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H-1B Foundational Information

• Employment Visa
• Professional Position
• Position must require a bachelors degree or
  higher.
• Employee must have a bachelor's degree or higher

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H-1B Parameters

• Limited to 6 aggregate years
• Job-site specific
• Processing time Must allow for 3 to 5 months
  for normal processing. Allow for 1 month for
  expedited processing
• Minimum of 1 year Max. 3 year for each petition.

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Employer Responsibilities

• File a Labor Condition Application (LCA) with the
  Department of Labor(ISSS with info. provided by
  the dept.)
• Document wages paid (Dept)
• Maintain Public Access File (ISSS)
• Pay return trip home for early termination (Dept)

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Responsible Government Agencies

• Determines prevailing wage
• Certifies Labor Condition Application (LCA)
• Regulates Work conditions
• Requires Job Postings
• Audits Public access file

• Adjudicates H-1B petitions (I-129)
• Regulates and monitors non-immigrants status
• Requires employer to pay return trip home

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Advantages for Academia

• Standard training fee of 1,000 is waived for
  Academic Institutions (Separate Petition fee of
  200 and an anti-fraud fee of 500 is still
  required)

• Academic Institutions are not subject to a yearly
  cap on the number of H-1B employees
• It is possible to request expedited or Premium
  Processing (for a fee).

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The H-1B Petitioning Process

• An Overview

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Special Topics

• Prevailing wage and changes associated with it.
• Expedited premium processing
• H-1B transfers
• The J-1 2 year home residency requirement.
• Extensions
• Visa applications and the new DOS/USCIS security
  procedures and policies

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Prevailing Wage

• The actual wage must meet 100 of the Prevailing
  wage (PW) or exceed it.
• PW is determined by the State Employment Security
  Agency (SESA)

• PW requests are presented to the SESA based on
  information provided to the H-1B advisor by the
  dept regarding the position.
• The state recognizes four levels of salary in
  the PW determination.

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Processing Times
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H-1B Transfers (Portability)

• Those in valid H-1B status at another institution
  can begin employment at MU only after MU receives
  a notice from the USCIS that a petition was
  filed.
• This whole transfer process can take around 1 to
  2 months.
• Transfer applications are not automatically
  approved so there are risks involved in the
  process.

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The J-1 Two Year Home Residency Requirement

• Many individuals in J-1 status are required to
  return to their home country for two years after
  completing their program.
• Unless they fulfill this obligation or receive a
  waiver of the requirement, they can not change
  their status to H-1B.
• The waiver can take up to one year to obtain

34
Extensions

• Petitions for extensions should be made no less
  than four months before the current program ends.
• Can continue without an approval

• Late petitions result in significant problems
  with travel. No visa will be issued for re-entry
  with an expired program and no approval notice
  for the extension.

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New Security Measures

• Longer visa processing times for beneficiaries
  applying outside of the US.
• Increased security at the USCIS service centers .
• Difficulties in applying for visas in third
  countries.
• Increased scrutiny for individuals working in
  sensitive areas.

Contact the H-1B advisor before undertaking or
recommending travel outside the US. Knowledge
regarding proper procedures and documentation is
crucial
36
New PolicyH1B Visa Reform Act of 2004

• A new 500 fraud prevention and detection fee for
  all new H1B petitions and for all H1B transfers
  to MU.
• Departments, not the scholar, will be required to
  pay the fee.
• The 500 fee will not be imposed on H1B extension
  petitions for those currently in H1B status,
  employed at MU.
• Employers are now required to pay 100 of the
  prevailing wage.

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H-1B Process at MU

• Departments contact the H-1B advisor. The advisor
  will determine if an H-1B is the best option.

• Petition materials are sent as emailed
  attachments to the department and the
  beneficiary.
• The materials and process have been revised so
  please contact H-1B advisor before filling out
  and submitting any old documents you may have.

Go to the IC web site for more detailed
information
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Advantages to H-1

• Generally easier to get the visa at the US
  consulate or embassy.
• Can transition to become a permanent resident.
• Longer period of stay (6 years)

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Disadvantages

• Wage requirements (prevailing wage)
• All financial support must come from MU
• Paperwork
• Length of processing time
• The expense related to expedited processing of
  petitions.
• Dependents of H1Bs (H4s) are not allowed to
  work.
• No official grace period for H1B holders after
  their period of authorized stay ends or after
  their employment terminates.

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New Travel Restrictions

• Renewals of H-1 visas (entry stamps in the
  passport) within the US are no longer possible.

• The only place a visa stamp can be issued now is
  at a US consulate or embassy abroad.

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Q A

• Visit our web site for more information at
• http//www.missouri.edu/icweb/isss

42
Permanent Residence (PR)

• A foreign national or alien immigrant in the
  United states is commonly referred to by
  different terms, including immigrant, permanent
  resident, lawful permanent resident, green card
  holder and numerous other labels. Ref. I.N.A.
  101(s)(20) 8C.F.R. 1.1(p)

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Different Routes to obtaining Permanent Residence
status?

• Family
• Employment
• Public or Humanitarian Policy
• Diversity Immigrant Visa Lottery (DV)

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International Student and Scholar Service Office
PR Processing

• Department recommends the scholar to ISSS for
  processing and commits to pay a 1,000 fee for
  services.
• Permanent Residence Advisory Committee assesses
  the viability of the scholar case in consultation
  with ISSS
• PRAC approves or denies the recommendation
• If approved, ISSS assists scholar and department
  with the process

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Employment BasedPR Petitions through ISSS

• First Preference (EB1) Priority Workers-
  (1) persons of extraordinary ability
• (2) Outstanding Professors or Researchers
• (3) Certain Multinational
• executives/managers.
• Second Preference (EB2)
• Professionals holding advance degrees
• and persons of exceptional ability in the
  sciences, arts, and business.
• Etc....

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First Preference (EB1) Outstanding Professors or
Researchers

• Internationally recognized as outstanding in a
  specific field and have a minimum of three years
  research or teaching experience
• Must have an offer of tenured, tenure- track
  teaching or permanent research position. Post
  Doctoral or visiting positions do not qualify

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Qualifying Documentation (EB-1)

• Major national or international prizes
• Membership in exclusive professional associations
  
• Published material about the aliens work
• Evidence of participation as a judge of the work
  of others
• Evidence of original scientific or scholarly
  research contributions
• Evidence of authorship of scholarly articles

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How Much is Enough?

• USCIS regulations specify that evidence must be
  submitted in at least two of the prescribed
  areas.
• The broader, more diverse, and more convincing
  the evidence is, the more likely the petition
  will be approved.

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The PR process for EB1
File the I-140, Immigrant petition. This can take
anywhere from one month one year to be
adjudicated. (No LC)
Concurrent filing of I-485, application to adjust
status to permanent resident. This currently
takes approximately one to two years.
Concurrent filings are advisable in only some
cases.
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Delays in the Filing of Adjustment of Status
Applications for Certain Nationalities

• The permanent residence visas numbers available
  for each country are limited.
• Numbers available to citizens from China and
  India have run out, resulting in long delays.
  (this does not impact the employers ability to
  file the immigrant petition)
• The list of retrogressed countries may increase.

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Second Preference (EB-2)Holders of Advance
degrees

• Advance degree is defined as any U.S. academic or
  professional degree or foreign equivalent degree
  above baccalaureate.
• The job offered must require an advanced degree
  as a minimum requirement.

52
The PR process for EB2
File Labor Certification. This takes from three
to five months
53
Foreign Labor Certification under the new PERM
regulations

• Standard Process
• Special Categories Including Applications for
  College or University teachers

ISSS only files labor certification applications
for Advanced Degree Professionals (EB2) at MU
with formal classroom teaching responsibilities
(College or University Teachers).
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The New PERM RegulationsProgram Electronic
Review Management

• Application submitted online
• Documentation not submitted to DOL but kept on
  file for random audits
• Employer must pay 100 of prevailing wage
• Shortened processing time (Less than 60 days)
• Documentation and evidentiary requirements remain
  almost the same when filing for college or
  university teachers

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General PERM Requirements

• Employment in the U.S.
• Permanent position (professional or tenure
  track positions at MU)
• Full-time
• Bona fide job opportunity
• Offer prevailing wages and working
  conditions
• Position must be advertised in a hard copy
  professional publication

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Requirements for College or University Teacher LC
Applications

• Some classroom teaching responsibilities
• Best qualified candidate. (Standard process
  no other minimally qualified US Citizens or PR
  Candidates)
• Recruitment process must occur not more than 18
  months prior to filing labor certification (From
  job offer letter date)

Get ISSS involved as soon as possible. Include
us in the on site interview schedule
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Permanent Residency Applications

• EB1 or EB2, which to file?

• When both are options, EB2 applications are
  preferable for faculty members due to the
  subjective and labor intensive nature of EB1
  applications
• An EB1 application for outstanding researcher is
  the only option available through ISSS for
  research positions.

In some cases, it may be advisable to file more
than one application at the same time
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Options through External Legal Representation

• William B. Schiller
• Davidson Schiller, LLC

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QA

• Thank you for Attending!

Visit our web site for more information at
http//www.missouri.edu/icweb/isss