H1B Foundational Information

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H-1B Foundational Information

• Employment Visa
• Professional Position
• Position must require a bachelors degree or
  higher
• Employee must have a bachelors 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 1 month for expedited processing
• Max. 3 years for each petition

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Employer Responsibilities

• File a Labor Condition Application
• (HR/CIS completes with information provided by
  the Dept)
• Document wages paid (Dept)
• Maintain Public Access File
• (HR/CIS)
• Pay return trip home for early termination (Dept)

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Responsible Government Agencies

• DOL
• Determines prevailing wage
• Certifies Labor Condition Application
• Regulates work conditions
• Requires Job Postings
• Audits Public Access file

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

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The H-1B Petitioning Process

• HR/CIS
• Wage Determination Review Department Wage
  Compares to DOL Prevailing Wage guidelines Up
  to 2 weeks
• Department of Labor
• Labor Condition Application (LCA) Certification
  by D.O.L. Instantaneous
• USCIS
• Adjudicates H-1B petition 3 to 5 months
• .

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Prevailing Wage

• The actual wage must meet 100 of the Prevailing
  Wage (PW) or exceed it but can never go below the
  PW.
• PW may be determined by
• Virginia Employment Commission.
• HR/CIS generally reviews sponsoring departments
  position description, and determines proper wage
  via U.S. Dept. of Labor wage guidelines for
  employment at higher education institutions.

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Processing Times

• Standard

• Premium

• Dependent Upon Immigration Service Center
  Processing
• Generally 3 to 5 months
• HR/CIS prefers to initiate process around 6
  months prior to first date of employment

• Request case to be adjudicated within 15 calendar
  days upon receipt of petition by immigration
  service center
• Receive e-mail approval notice
• Receive original approval notice, Form I-797, a
  few weeks after e-mail approval

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H-1B Transfers (Portability)

• Those in valid H1B status at another institution
  can begin employment at UVA only after HR/CIS
  receives confirmation from USCIS that a petition
  was filed.
• HR/CIS prefers to have the request for the
  transfer around 1 to 2 months prior to the new
  employment start date.
• 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 H1B.
• The waiver can take up to one year to obtain.
• Application made by the foreign national at their
  own expense.

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H-1B EXTENSIONS

• Petitions for extensions should be made no later
  than 6 months before the current H1B status
  expires.
• Employment may continue up to 240 days past the
  expiration of the current H1B status.
• Travel outside the U.S. is not recommended while
  an H1B extension is pending as USCIS may deem
  employee has abandoned their H1B status.
• Suggest upgrade to premium processing if travel
  is absolutely necessary.
• If employee is outside the U.S., then he/she must
  wait outside the U.S. until new H1B status has
  been approved.

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New Security Measures

• Longer visa processing times for beneficiaries
  applying outside of the U.S.
• 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 HR/CIS before foreign national
  travels outside the US.
• Knowledge regarding proper USCIS procedures and
  documentation is crucial.

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What Departments Must Pay

• 320 for new H1B petitions and extensions, USCIS
  Form I-129.
• 500 fraud prevention and detection USCIS fee for
  all new H1B petitions and for all H1B transfers
  to UVA.
• The 500 fee is not imposed on H1B extension
  petitions for those currently in H1B status,
  employed at UVA.
• Employers are required to pay 100 of the
  prevailing wage.

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What Departments Must Pay

• HR/CIS Processing Fees
• 650 for new H1B petitions and extensions.
• 500 for requesting expedited service

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Additional H-1B Petition Filing Fee for USCIS
Expedite Request

• For a 1,000 fee may request Premium Processing,
  USCIS Form I-907.
• Request to USCIS to adjudicate an H1B petition
  within 15 calendar days of receiving the H1B
  petition.
• The employer or employee may pay the fee.
• Receive electronic approval notice that may be
  used to place employee on payroll.

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H-1B Process at UVA

• Departments contact the H1B advisor. The advisor
  will determine if the H1B is the best option.
• Department downloads H1B Packet from HR/CIS
  web-site
• H1B detailed information is located on the
  HR/CIS web-site http//www.hrs.virginia.edu/cis/im
  migrationservices.html8.

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Part-Time H-1B Employment

• U.S. Dept. of Labor requires employers to keep
  records of hours worked each day and each week
  for all part-time H-1B employees.
• Regardless if part-time employee is paid a fixed
  salary, and regardless of whether employer
  currently keeps records of its other part-time
  salaried employees.
• Sponsoring departments must complete and return
  to HR/CIS form
• Verification of Part-time Record Keeping

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Advantages to H-1

• Generally easier to get the visa at the U.S.
  Consulate or Embassy of foreign nationals home
  country
• Can transition to become a permanent resident
• Long period of stay (6 years)

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Disadvantages to H-1

• Wage requirements (prevailing wage)
• All financial support must come from UVA
• Paperwork
• Length of processing time
• The expense related to expedited processing of
  petitions
• Dependents of H1Bs (H4) 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-1B visas (entry stamps in the
  passport) within the U.S. are no longer possible.
• The only place a visa stamp can be issued now is
  at a U.S. consulate or embassy abroad.

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TRAVEL WARNING!

• IF YOU ARE A FOREIGN NATIONAL
• PLANNING TO TRAVEL ABROAD 
• Please be advised that there has been a recent
  increase in security screenings of foreign
  nationals at U.S. Consulates abroad.  The U.S.
  Department of State (DOS) and the U.S. Department
  of Homeland Security (DHS) have increased the
  level of review that international visitors face
  at U.S. Embassies and Consulates abroad, at
  airports, and at border crossing posts with
  Canada and Mexico. The U.S. State Department
  processing time for a security screening at a
  consulate abroad is currently 12 weeks, with no
  option available for expediting the process. 

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TRAVEL WARNING!

• Each foreign national, in consultation with their
  department if appropriate, should make their own
  decision regarding travel abroad.   
• HR/CIS advises undertaking travel abroad with the
  understanding that returns to the U.S. may be
  significantly delayed
• All foreign nationals traveling abroad should be
  certain to carry documentation supporting their
  current visa status.

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TRAVEL WARNING!

• HR/CIS recommends you contact our office with
  your passport and immigration documents as soon
  as you are aware of the date you plan to travel.
  We will review your documents, provide you with
  up to date travel advice, and sign your travel
  document (if necessary). More information and
  advice can be found at http//www.hrs.virginia.edu
  /cis.html.

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FUTURE UVAH-1B PROCESSING

• INS ZOOM
• INSZoom's University Edition is a comprehensive
  electronic immigration management system.
• Will enable electronic data transfer between
• HR /CIS, departments, faculty and staff.
• Will enable you to gather and manage information
  from a single point of data entry. You can ensure
  complete data control, while maintaining
  transparency, accuracy, efficiency and precision
  throughout the immigration process.

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Q A

• Human Resources Compliance Immigration
  Services
• 914 Emmet Street, P.O. Box 400127,
  Charlottesville, VA. 22904-4127
• Jose Fleming [phone]
• Tim White (434) 982- 2735
• Fax [phone]
• Visit our web-site for more information at
• http//www.hrs.virginia.edu/cis.html

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