Mixing the VISA Alphabet with Academic Personnel A-Z

1. Mixing the VISA Alphabet with Academic Personnel A-Z Presented by: Office of Vice Chancellor for Health Sciences (guest Roark Miller, Director, International Faculty & Scholar Office)

2. International Faculty & Scholar Office: Visa Services • H-1B • J-1 • TN • F-1 OPT • B-1 • WB • J-2 • PR

3. Intersections between internal policies and external regulations • Visa classifications add additional layer of complexity to the Academic Personnel appointment process • Problem scenarios: • Postdoc running out of time in both J-1 status and 5-yr Postdoc appointment, but promotion to Assistant Project Scientist held up in committee…how does he avoid a lapse in employment? • New faculty hire is expected to perform clinical care, but she hasn’t completed a medical residency program in the U.S…can she be hired? • A Postdoc scholar-employee in H status just received a grant that will substitute salaried payment for stipend, with no tax withholding—can she accept the grant and maintain H-1B status? • Possible solutions: Contact International Faculty & Scholar Office

4. The Visa Alphabet: common classifications at UCSD • J-1: Exchange Visitor • H-1B: Specialty Occupation • TN: Trade NAFTA • F-1 OPT: students on practical work experience • B-1/WB: Visitors for Business • LPR: Lawful Permanent Resident

5. Matching appointment titles with visa classifications: PPM 200-16 • What and Where? http://adminrecords.ucsd.edu/ppm/docs/200-16.pdf • How does it work? • Academic vs. Staff titles • Paid vs. Unpaid titles • Exceptions • Clinical appointments

6. J-1 Characteristics • Multiple sub-categories • Short Term Scholar • Research Scholar/Professor • Flexible funding—salaried, personal funds, extramural grant • Period of up to five years (Research Scholar)/6 months (Short-Term Scholar) • Relatively quick and inexpensive (compared to H-1B) • No clinical care • Non-immigrant intent

7. H-1B characteristics • Wage rate requirement, set by US Dept. of Labor (DOL) • MUST be salaried (no Postdoc Scholar-Fellow, Visiting Scholar, etc.) • Total period of stay is six years (in three-year increments) • Time- and resource-intensive (6-8 months, fees of $2000 or $3000) • Clinical care allowed (if certain requirements met) • Allows for immigrant intent: perfect for tenure track faculty

8. TN characteristics • Must align with established set of occupations (e.g., “Research Assistant”) • For Mexican or Canadian nationals only • Typically salaried, but may be paid by third-party • Indefinite period of time (in three-year increments) • No clinical care • Departmental letter of invitation is only institutional requirement for sponsorship • Non-immigrant intent

9. F-1 OPT characteristics • Employed/volunteering in field of major • School of record sponsors for employment authorization document (EAD) • 1 year period, with 17-month extension available for STEM field graduates

10. B-1/WB characteristics • Non-employee visitor • Independent research, consultation, observation (including MDs), conference/seminar, 3rd- or 4th-yr MD student pursuing rotation • Restricted payment types allowed: • honoraria (only if stay is 9 days or less) • Reimbursement (new Visiting Scholar policy will require tax withholding on reimbursement) • Departmental letter of invitation is only institutional requirement for sponsorship • 6-month/3-month maximum stay

11. Permanent Residency • Pathways (for PERMANENT-intent positions): • Labor Certification (well-documented national recruitment effort) • Outstanding Researcher (no recruitment; but well-documented “outstanding” candidate) • Procedures • Ongoing collaboration between IFSO, Dept, and Scholar

12. International Faculty & Scholar Office: Contacts • Roark Miller, Director • rtmiller@ucsd.edu x43731 • Difficult cases/situations, unusual visa classifications, general concerns Jerry Linkon, Counseling Attorney glinkon@ucsd.edux22212 Permanent Residency questions • Charmagne Herlien, Immigration Advisor • cherlien@ucsd.edu x24014 • H cases for last names, A-L • Jcases for last names A-C • Dalia Alshamas, Immigration Assistant • dalshamas@ucsd.edux61447 • Scholar arrival/departure questions; • J processing questions • Jennifer Homrich, Office Manager • jhomrich@ucsd.edu x61448 • Recharge questions • Kevin DelMastro, Immigration Advisor • kdelmastro@ucsd.edu x25541 • H cases for last names M-Z • J cases for last names D-H • Becky Guberek, Immigration Advisor • bguberek@ucsd.edu x44558 • J cases for last names I-Z TBN, Assistant Director TBN, Immigration Advisor

13. International Faculty & Scholar Office: Resources • IFSO website homepage with quick links to application requests: http://icenter.ucsd.edu/ifso/index.html • PPM 200-16 Visa Services for International Scholars Policy: http://adminrecords.ucsd.edu/ppm/docs/200-16.pdf • Instructions for I-9 completion of new hires and reverifications: http://www.uscis.gov/files/form/m-274.pdf • Common visa classifications used at UCSD, with information and links to request forms and invitation letter templates: http://icenter.ucsd.edu/ifso/dept-facilitators/visa-types/index.html • Upcoming IFSO training sessions for departmental administrators: http://icenter.ucsd.edu/ifso/dept-facilitators/training-workshops/index.html

14. Questions???