Employing and Hosting J-1 Scholars at Washington State University - - PDF document

Employing and Hosting J-1 Scholars at Washington State University

International Programs-Global Services

October 17, 2012

Presented by Rob Cassleman, International Scholar Advisor

Exchange Visitor Program basics

• Established by the Fulbright Act to provide

for exchange of ideas and culture between U.S. and other countries

• Permits a temporary visit with an

expectation for the non-resident alien to return to their home country

• Can employ the J-1, but not primary purpose
• f exchange program
• Expected to participate in cultural activities

Exchange Visitor Program basics-cont.

• All exchange visitors must obtain Medical

Insurance at EVP minimums or higher

• Must be issued and keep in their possession

a Certificate of Eligibility for Exchange Visitor Status/form DS-2019

J-1 Exchange Visitors participate in a wide range of activities at WSU.

• Collaborative research

and teaching

• Observing and

consulting

• Demonstrating a

special skill

• Student internships

J-1 Specialist

• Demonstrate a special skill or knowledge
• Examples: athletics coach, musician, actor,

videographer

J-1 Research Scholars and Short Term Scholars

• Conducts research, observes, consults in

connection with a research project

J-J-1 Professor1 Professor

J-1 Professor

• Primarily teaching, lecturing
• May also conduct research with permission
• f the host department

J-1 Student Intern

• Supervised internships at WSU or a

designated third party location

• Full –time (32hrs+), work-based learning
• No WSU admission; no WSU coursework
• May participate up to 12 months
• May be paid or unpaid
• Internship Plan must be submitted
• Evaluations required at the end and mid

point (if the program lasts more than 6months) Durations of stay-maximums

• Professor: 5 years
• Research Scholar: 5 years
• Specialist: 1 year
• Short Term Scholar: 6 months
• Student Interns: 1 year

• B. What are the sponsoring department’s

requirements to host a J-1 scholar?

• Show evidence of funding (WSU income or

non-WSU source). Employing the J scholar at WSU is NOT a requirement.

• Confirm EV has sufficient English skills to

participate in their activity.

• Acknowledge EV will NOT be a candidate for

a tenure track or permanent position,

• Nor be a full time student in U.S.
• Agree to offer culture exchange
• pportunities

Initiating the process

Contact IP-GS with description of scholar and

• bjectives:

globalservices@wsu.edu,

• r 335-4508.

Or, go directly to J-1 scholar online request form via IP-ISS web site: http://ip.wsu.edu/depts/h

• sting/scholars/forms-

and-FAQ.html.

J-1 request process-continued

IP-Global Services:

 creates J-1 record in SEVIS,  prepares Welcome Packet containing

Certificate of Eligibility/Form DS-2019, instructional cover memo, and pre-arrival information for EV IP-Global Services or host department sends Welcome Packet to scholar via courier (e.g. FedEx).

Global Services role

• Provide ongoing advice to department and

scholar about visa-related issues before and after scholar’s arrival

• Provide scholar orientation meeting

covering: rules/expectations, cultural information, insurance information, medical care, transportation, etc.

• Send regular newsletter to scholar regarding

rule updates, living in Pullman, cultural

• Ongoing advisement via email, phone, office
• Tax filing assistance

Host Department responsibilities: after arrival

• Assist in notifying EV about IP-GS check-in/
• rientation meeting
• Review HRS New Employee Checklist (if

appropriate)

• Social Security Card transportation (if

appropriate)

• W-4/tax determination questionnaire
• WSU appointment (depending on objective)
• Cougar Card/network access/library
• Health insurance help (let’s use teamwork)

Exchange Visitor Responsibilities

(included in IP-ISS pre-arrival information)

• Pay SEVIS I-901fee, and U.S. visa stamp fee
• Apply for visa stamp and interview at U.S.

consulate in their country

• Make travel arrangements
• Bring sufficient start-up currency
• Arrange housing in Pullman
• Obtain health insurance
• Open bank account

OTHER CONSIDERATONS

• Two Year Home Residency rule
• Bringing dependents
• Tax considerations
• Housing

Two Year Home Residency Requirement I.N.A. 212(E)

 Those who are subject to this restriction have limitations on acquiring certain visa statuses in the future.  Change of non- immigrant status, or change to PR, within the US, are not possible unless this requirement is waived.

“SUBJECT/NOT SUBJECT TO SECTION 212(E)” Also noted on the DS 2019

J-2 Dependents family members (spouse and children under 21yr)

• May be employed after receiving

authorization from USCIS.

• Are 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

Tax Tips

• All new J-1 scholars employed by WSU

should submit a Tax Determination Questionnaire, which is found on the Payroll Services Web site for ”non-US citizens” at www.wsu.edu/payroll.

• J-1 scholars can receive assistance with filing

their tax return through GS tax assistance

• plan. Scholar should watch for the GS email

e-newsletters and check the GS web site for information between February and June.

Questions

• Primary J-1 contact: Rob Cassleman:

rcasslem@wsu.edu,

• Secondary contacts:
• Jody White, International Program Specialist:

jodyl@wsu.edu

• Jan Keiser, Immigration Compliance

Specialist: jan.keiser@wsu.edu

• Phone for all: 509-335-4508,
• Web site: www.ip.wsu.edu/global-services
• Bryan Hall 206

Sponsoring H-1B Employees at WSU

October 17, 2010 Jan Keiser, Global Services, International Programs Bryan Hall, Room 206

22

H-1B Nonimmigrant Category - Legal Requirements

• Position requirements
• Theoretical and practical application of a body of

specialized knowledge; and

• Bachelor’s or higher degree (or its equivalent) in the

specific specialty

• Employer sponsored, temporary work visa

limited to cumulative stay of six years

• Employer and employment specific
• Dual intent, allows for immigrant intent

23

WSU H-1B Sponsorship Policy

• Faculty in full-time teaching and/or research

positions (temporary or permanent)

• Administrative Professionals in permanent

full-time positions that meet legal requirements (hiring authority must approve)

• Duration of request at least one year,

although less may be acceptable

• Part-time positions may be acceptable

24

H-1B Petition Types

1. New petition – first time to be sponsored H-1B by WSU, can be:

a) Change of status (from F-1/F-1, J-1/J-2, H-4) to H-1B in the U.S. If traveling abroad while pending, petition is considered abandoned. b) Entering the U.S. from abroad. Must have original H-1B approval notice and H-1B visa to enter the U.S. c) Concurrent H-1B. Must have USCIS receipt notice to work for WSU up to 240 days. d) H-1B transfer/porting. Must have USCIS receipt notice to work for WSU up to 240 days.

2. Extension – current WSU H-1B worker, can continue to work with USCIS receipt notice up to 240 days 3. Amended petition – Substantial/material change in the previously approved H-1B petition

25

H-1B Petition Challenges

• 1. To prove to USCIS the H-1B job qualifies as

“specialty occupation” and alien’s qualifications

• 2. Comply with DOL Labor Condition

Application (LCA) regulations – H-1B workers will be offered and paid prevailing wages and working conditions and benefits.

• 3. Aliens subject to J-1/J-2 2 years home

residency requirements are not eligible for H-1B unless it is fulfilled or waived

• 4. USCIS processing delays

26

H-1B Petition Process

1. Initial inquiry – to GS 2. Immigration Tracker information completion 3. GS request Prevailing Wage determination request with DOL - 60+ days based on the job description 4. Posting notice – 10 business day at two locations 5. GS files LCA with DOL – can only filed up to 6 months before employment begins. DOL adjudicates (certify or deny) in 7 business days 6. GS files I-129 Petition for a Nonimmigrant Worker with USCIS in CSC, current processing time 4+ months 7. GS notifies dept. when it is approved 8. GS conducts H-1B orientation for the beneficiary

27

Parties Involved in H-1B Process

• 1. DOL (The U.S. Department of Labor): PWD, LCA
• 2. DHS (The U.S. Department of Homeland

Security)

a) USCIS (U.S. Citizenship and Immigration

Services): I -129

b) CBP (Customs and Border Protection) – Border

entry

• 3. The U.S. employer
• 4. The alien employee
• 5. DOL (The U.S. Department of State) – H-1B visa

28

H-1B Petition Costs

• 1. $500 IP fee for initial, extension and

amendment

• 2. $325 I-129 filing fee, paid by the employer
• 3. $500 fraud prevent and detection fee for new

petition only, paid by the employer

• 4. $1225 optional premium processing fee, can

be paid by either the employer or the

• beneficiary. USCIS guarantees to adjudicate

(approve, deny or request for evidence) within 15 calendar days.

29

H-1B Documents- USCIS I-797A Approval Notice

30

H-1B Documents- USCIS I-797B Approval Notice

31

H-1B Documents- I-94 card from POE

32

H-1B Documents- Visa affixed in passport

33

H-1B Appointment Considerations

• May file H-1B for up to three-years, even if

WSU contract for less time

• Must pay H-1B worker’s reasonable

transportation costs home if WSU terminates worker for any reason before H-1B end date

• Must notify GS of early separations or

material changes in appointments to ensure compliance with federal immigration regulations

34

H-1B Employer Responsibilities

• Must offer H-1B worker prevailing wage or

actual wage, whichever is higher

• Must post notice of filing in two locations at

worksite for ten consecutive business days

• Must retain Public Access Folder for one

year beyond LCA end date (GS retains this, but we NEED Attachments 1, 2 and completed Posted Notice from hiring unit)

35

H-1B 7th+ Year Extensions - Review

• H-1B workers who have completed certain

steps in the employment-based permanent residence (PR) process may qualify for either

• ne-year or three-year H-1B extensions

beyond six-year limit date

• Hiring unit/H-1B worker must notify GS if H-

1B worker has pending employment-based PR case outside of WSU

36

H-1B Travel Considerations - Review

• Must have unexpired H-1B I-797 petition and

unexpired H-1B visa to enter/re-enter US

• Must obtain H-1B visa at US consulate abroad

(usually in home country)

• Okay for visa (entry ticket to enter the U.S.) to

expire while in US

• If H-1B worker needs new visa, must make

appointment with Embassy/consulate, complete forms, fees & get packet from GS

• Administrative/security checks may occur for

each visa application

37

H-1B Travel Considerations - Review

• No H-1B visa required if:
• Canadian citizen
• Traveling only to Canada/Mexico and qualifies

for automatic visa revalidation

• Has taken certain steps in the permanent

residence process and possesses unexpired Advance Parole

• Must always have unexpired H-1B I-797

approval notice to enter the US

• May need visa to enter third country
• Others

38

H-1B Updates - DOL

• New national DOL Prevailing Wage system -

DOL takes 60+ working days to issue prevailing wage determination

• New DOL Labor Condition Application

process – DOL takes ~7 working days to certify LCA

39

H-1B Updates – USCIS

• Increased H-1B case processing times at

USCIS California Service Center

• 4+ months – regular
• 15 calendar days – premium processing
• Consequences of increased processing times
• Premium processing for most new employees
• Current employees may need to convert to

premium processing (change of status/int’l travel)

• Remember – worker already in H-1B status

(extension or transfer) can continue to work, based

• n receipt notice, even if current H-1B has expired

(240 day rule applies)

40

H-1B Updates – USCIS

• Increased USCIS requests for evidence (“RFE”)
• Pay check stubs and W-2 forms to verify

legitimate employee-employment relationship

• Formal educational credentials evaluations
• Unannounced site visits – GS, hiring

department, H-1B employer, or HRS

• Questions about the contents of LCA/I-

129/PERM LC/I-140/I-485: job title, job site, salary, duties and responsibilities

• Intent: compliance

41

H-1B Case Processing

• PI wants to sponsor someone with H-1B work
• visa. What do you do?
• Complete intake form in Tracker - if you do not have

Tracker Account or forgot information, email Jody

• GS sends Tracker questionnaire to H-1B applicant + list of

required documents he/she must provide to you

• GS sends you email w/prevailing wage questions and

attachments

• Respond to prevailing wage questions immediately
• Follow instructions/attached templates to prepare H-1B

packet and order checks

• GS submits prevailing wage request to DOL (60+ days)

42

H-1B Case Processing, Cont’d

• Once GS receives PWD, we scan you 10-day posted notice

documents to post in two locations at worksite

• Provide GS with complete H-1B packet (H-1B support

letter; attachments one and two; new appointment document or offer letter; educational and immigration documents; credentials letter, if applicable; dependent immigration documents, if applicable; request for shipment; checks – checks can come later!)

• GS prepares case, submits LCA to DOL, receives certified

LCA from DOL (12 days)

• GS files H-1B petition with USCIS

43

H-1B Case Processing, Cont’d

• When 10-day postings complete, immediately

send original, signed notice to GS

• Once GS files case, provides you with LCA copy

to immediately give to H-1B worker

• GS provides you with receipt/approval notices/I-

94 cards

• GS will Fed Ex H-1B approval documents to H-1B

applicant abroad

• H-1B worker scheduled for orientation – third

Friday of each month, 10:00 – 11:30 am

44

H-1B Preparation - Tracker

• Tracker – on-line case preparation/case

management system

• Employer can complete intake form, view open

cases and run reports on several data points

• H-1B applicant can complete questionnaire,

view H-1B expiration date and status of case preparation

• GS can complete H-1B forms (pre-filled), enter

important data points, run reports, track expiration dates and open cases

45

Navigating Tracker – Home Page

46

Navigating Tracker – Employer Intake Form

47

H-1B Summary

• Initiate cases early . . . long DOL waiting

periods and long USCIS processing periods

• Initiate case by completing Tracker Intake

Form

• Promptly respond to prevailing wage

questions in Jan/Rob/Jody’s email to start prevailing wage request process

• Promptly send GS completed 10- day posted

notice

48

Contact Info.

• Phone: 509-335-4508
• Jan Keiser: jan.keiser@wsu.edu
• Rob Cassleman: rcasslem@wsu.edu
• Jody White: jodyl@wsu.edu

Pullman, Bryan Hall room 206

49

Questions and Answers

???

50 12/17/2012 51

F-1 and J-1 Student Employment

• F-1 and J-1are non-immigrant statuses for degree seeking

international students.

• F-1 and J-1 students are eligible to work on-campus as long as

they are maintaining status.

• 20 hours per week while classes are in session.
• May work full-time during official university holiday’s breaks.
• Can a student have 2 on-campus jobs?
• Off-campus employment is restricted without authorization from

Global Services or the appropriate government agency. (USCIS – US Citizenship and Immigration Services).

• F-1 and J-1 students may be eligible for employment on WSU’s

campus even if the I-20/DS-2019 sponsor isn’t Global Services.

• Optional Practical Training (OPT), Curricular Practical Training

(CPT), and Academic Training are examples of employment for students holding a different school’s I-20 or DS-2019.

• CPT and Academic training are employer specific.

On Campus Employment

• Students working on campus during their program of study must

have a WSU I-20/DS-2019.

• If a sponsored student like Fulbright, IIE student, or ISEP, must

have sponsor’s approval to work on campus.

• I-20/DS-2019 start and end dates – are an estimate of the

duration of an academic program but may have to be adjusted depending on academic progress. If adjusted student may not have employment eligibility.

• A visa does not indicate status! A visa is only an entry
• document. A student can maintain valid F status and have an

expired visa.

• When employing F-1/J-1 students, best practice is to check I-

20/DS-2019s each semester to verify program end date has not changed.

How do I know if a F-1 student has authorization to work?

EAD (Employment Authorization Document) CARD J-1 Students Student Employment Facts

• Students in F or J status are required to check in with

Global Services BEFORE they are eligible to apply for a Social Security Card.

• If they apply without checking in, it will delay the

processing of their application!

• Students must be maintaining valid immigration status to

be eligible for employment benefits.

• F-2 dependents are NOT eligible for any employment (on-

campus or off-campus).

• J-2 dependents may work if they apply and receive proper

authorization from USCIS, they must present a valid EAD card.

Questions??

If you wish to have your attendance documented in your training history, please notify Human Resource Services within three days of today's date:

hrstraining@wsu.edu

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