H-1B Foundational Information

H-1B Foundational Information • Employment Visa • Professional Position • Position must require a bachelor’s degree or higher • Employee must have a bachelor’s degree or higher

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 3

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) 4

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-immigrant’s status • Requires employer to pay return trip home

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 .

Prevailing Wage • The actual wage must meet 100% of the Prevailing Wage (PW) or exceed it but can never go below the PW. • 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.

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 8

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. 9

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.

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.

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. 12

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. 13

What Departments Must Pay HR/CIS Processing Fees • $650 for new H1B petitions and extensions. • $500 for requesting expedited service

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.

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 16

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

Advantages to H-1 Generally easier to get the visa at the U.S. Consulate or Embassy of foreign national’s home country Can transition to become a permanent resident Long period of stay (6 years) 18

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 H1B’s (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. 19

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.

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.

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.

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.

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.

Q & A Human Resources – Compliance & Immigration Services 914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904-4127 Jose Fleming (434) 243-2031 Tim White (434) 982- 2735 Fax: (434) 924-3194 25

H-1B Foundational Information