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Employing and Hosting J-1 Scholars at Washington State University

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.

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Employing and Hosting J-1 Scholars at Washington State University

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  1. Employing and Hosting J-1 Scholars at Washington State University International Programs-Global Services October 17, 2012 Presented by Rob Cassleman, International Scholar Advisor

  2. 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 of exchange program • Expected to participate in cultural activities

  3. 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

  4. 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

  5. J-1 Specialist • Demonstrate a special skill or knowledge • Examples: athletics coach, musician, actor, videographer

  6. J-1 Research Scholars and Short Term Scholars • Conducts research, observes, consults in connection with a research project J-J-1 Professor1 Professor

  7. J-1 Professor • Primarily teaching, lecturing • May also conduct research with permission of the host department

  8. 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)

  9. Durations of stay-maximums Professor: 5 years Research Scholar: 5 years Specialist: 1 year Short Term Scholar: 6 months Student Interns: 1 year

  10. 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 opportunities

  11. Initiating the process Contact IP-GS with description of scholar and objectives: globalservices@wsu.edu, or 335-4508. Or, go directly to J-1 scholar online request form via IP-ISS web site: http://ip.wsu.edu/depts/hosting/scholars/forms-and-FAQ.html.

  12. 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).

  13. 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

  14. Host Department responsibilities: after arrival • Assist in notifying EV about IP-GS check-in/ orientation 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)

  15. 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

  16. OTHER CONSIDERATONS • Two Year Home Residency rule • Bringing dependents • Tax considerations • Housing

  17. 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

  18. 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

  19. 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.

  20. 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

  21. 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 • New petition – first time to be sponsored H-1B by WSU, can be: • 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. • Entering the U.S. from abroad. Must have original H-1B approval notice and H-1B visa to enter the U.S. • Concurrent H-1B. Must have USCIS receipt notice to work for WSU up to 240 days. • H-1B transfer/porting. Must have USCIS receipt notice to work for WSU up to 240 days. • Extension – current WSU H-1B worker, can continue to work with USCIS receipt notice up to 240 days • Amended petition – Substantial/material change in the previously approved H-1B petition

  25. H-1B Petition Challenges • To prove to USCIS the H-1B job qualifies as “specialty occupation” and alien’s qualifications • Comply with DOL Labor Condition Application (LCA) regulations – H-1B workers will be offered and paid prevailing wages and working conditions and benefits. • Aliens subject to J-1/J-2 2 years home residency requirements are not eligible for H-1B unless it is fulfilled or waived • USCIS processing delays

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

  27. Parties Involved in H-1B Process • DOL (The U.S. Department of Labor): PWD, LCA • DHS (The U.S. Department of Homeland Security) • USCIS (U.S. Citizenship and Immigration Services): I -129 • CBP (Customs and Border Protection) – Border entry • The U.S. employer • The alien employee • DOL (The U.S. Department of State) – H-1B visa

  28. H-1B Petition Costs • $500 IP fee for initial, extension and amendment • $325 I-129 filing fee, paid by the employer • $500 fraud prevent and detection fee for new petition only, paid by the employer • $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 one-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 on 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

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