EMPLOYMENT OF NONRESIDENT ALIENS AT TEMPLE UNIVERSITY A presentation offered jointly by The Office of Human Resources, The Office of International Services, and The Office of Payroll
MARTYN J. MILLER, SENIOR DIRECTOR JOAN McGINLEY, ASSISTANT DIRECTOR SHARON LOUGHRAN, IMMIGRATION SERVICES SPECIALIST TAKIKO GOLDSCHNEIDER, IMMIGRATION SERVICES SPECIALIST MILDRED PICON, SENIOR CLERK TENIKA McRAE, CLERK V TIANA BRITTON, CLERK III The Office ofInternational Services
PHONE: 215 204 7708 • FAX: 215 204 6166 • URL: http://www.temple/edu/ois • E-MAIL: • Martyn J. Miller email@example.com • Joan McGinley firstname.lastname@example.org • Sharon Loughran email@example.com • Takiko Goldschneider firstname.lastname@example.org • Mildred Picon email@example.com • Tenika McRae firstname.lastname@example.org • Tiana Britton email@example.com CONTACT INFORMATION
INS: The Immigration and Naturalization Service is a branch of the U.S. Department of Justice which has authority over all aliens in the United States, including international students and scholars in F and J status as well as H-1B visa holders. • Department of State: Branch of the U.S. Department of State which has authority over J-1 Exchange Program Visitors (students and scholars) • IAP-66: This is the form used to obtain and renew J-1 exchange visitor status. It states J-1’s program sponsor, dates authorized in the program, and classification as a scholar, professor, etc. • I-20:This is the form used to obtain and renew Nonimmigrant Student (F-1) status. USEFUL TERMS TO KNOW
Program Sponsor: The agency or institution that issues an IAP-66. The Program Sponsor is indicated in Section 2 of the Form IAP-66 • Program: A program is defined as what someone has been admitted to the U.S. to do. For example, a student or a researcher or a teacher in the field of Math or History. • I-94: This white card is 3” by 4” and is stapled in the passport near the visa. The purpose of the I-94 is to show when someone last entered the U.S. as well as to inform the INS when s/he leaves. This card is surrendered to the INS or an airline employee when one leaves the US.
F-1 visa holders • J-1 visa holders • J-2 visa holders • H-1B visa holders • TN visa holders • O-1 visa holders NONIMMIGRANT VISA CATEGORIES VALID FOR EMPLOYMENT AT TEMPLE UNIVERSITY
A non-resident alien must be able to show that s/he is legally eligible to work at Temple University. S/he will have either • Photo identification issued by the Immigration and Naturalization Or • Written authorization if in the U.S. under the sponsorship of another university Or • I-94 card on which “Temple University” is written or typed NON-RESIDENT ALIENS
Non-immigrants are granted employment that has • Time limitations • Employer specifications (in most cases) Other Authorized Employment Issues
F-1 visa holders who have been issued an I-20 by the Office of International Services • F-1 visa holders who have been authorized by their university to work at Temple University • F-1 visa holders who have been granted work permission from the I.N.S. Holders of Nonimmigrant Student (F-1) Status
ONLY 20 hours per week TOTAL during the Fall and Spring semesters. • Can no longer work once s/he completes program of study unless s/he has been admitted to another program of study (completed bachelor’s degree and is going on to higher studies) Employment Limitations for Temple’s F-1 Visa Holders
J-1 Exchange Visitors who have been issued an IAP-66 by the OIS • J-1 exchange visitors who have been issued an IAP-66 by another organization to carry out research/teach at Temple University • J-1 Exchange visitors who have been granted work permission by another university to work at Temple University Holders of Nonimmigrant Exchange Visitor (J-1) Status: Students and Scholars
Students in J-1 status can work no more than 20 hours/week during Fall and Spring terms. • Research scholar in J-1 status may work ONLY for the department who requested their presence • J-1 program is NOT to be used for Full-time, Permanent Employment • Research scholars in J-1 status are limited to three (3) years of employment in this status. Employment Limitations for Temple’s J-1 Visa Holders
N. B.: Employment of scholars/researchers/professors in J-1 status is site-specific If your department wishes to hire an exchange visitor in J-1 status who is ALREADY being paid by another Temple department, your department must contact OIS PRIOR TO ANY EMPLOYMENT. If a J-1 has an IAP-66 that states that s/he will work in Department X, s/he cannot be paid by Department Y without prior approval.
Section Number: 553.101 • Section Name: ``Volunteer'' defined. (d) An individual shall not be considered a volunteer if the individual is otherwise employed by the same public agency to perform the same type of services as those for which the individual proposes to volunteer. RESTRICTIONS ON VOLUNTEERING
H-1B (new, change of status) – Temple must submit a petition to the I.N.S. AND employment may not begin until the petition is approved by the I.N.S. • H-1B (extensions) – Temple must submit a petition to the I.N.S.; employee may continue employment while waiting for approval • H-1B (transfer from another organization) Temple must submit a petition to the I.N.S.; employee may begin employment upon receipt of “receipt notice” from the I.N.S. Holders of Nonimmigrant Worker (H-1B) Status
Petitioning for H-1B Status To secure H-1B status, OIS must file with the INS a petition for each employee. This process takes between four and six months. While an employee may work for more than one organization at the same time, each organization requiring his/her services must have petitioned the INS PRIOR to the individual beginning employment.
Time Limits on H-1 Status A H-1B visa holder may be authorized for employment for an initial period of up to 3 years. Extensions of stay may be requested for up to 3 more years. The maximum total stay in H-1B status is 6 years.
Minimum Academic Requirement for H-1B Employment To qualify for H-1B status, the minimum academic requirement for a position is a Bachelor’s degree. The potential employee must also meet ALL requirements listed in the position posting sheet and job description.
Holders of Nonimmigrant Worker (O-1) Status: Aliens of Extraordinary Ability The O-1 visa classification includes aliens who have attained national or international acclaim for extraordinary ability such that the individual has a high level of expertise (top in the field) in the sciences, education, business, and athletics.
OIS or an authorized attorney must petition to the INS for O-1 status. The nonimmigrant worker may not begin employment in O-1 status until s/he has been approved by the I.N.S. UNLESS s/he has another type of valid work authorization. Petitioning for O-1 Status
Holders of Nonimmigrant Worker (TN) Status The TN classification was developed as part of the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities. Although developed for both Canadian and Mexican citizens, the visa classification is more suitable for Canadian citizens.
Can only work for the organization that petitioned for their services • Is not applicable for those who have already filed for permanent residency (I.e., does not have dual intent) • Not all positions are on the TN schedule Employment Limitations for Temple’s TN Status Holders
Holders of Nonimmigrant Exchange Visitor Dependent (J-2) Status J-2 holders must request and receive from the INS an Employment Authorization Document (EAD Card) before accepting employment. This card is usually is granted for a period of no more than one year. Please call our office if you are considering hiring someone in J-2 status.
Holders of Visitor for Business (B-1) Status B-1 status holders enter the U.S. for a brief period of time for BUSINESS purposes. Temple may only pay someone holding B-1 status for incidental employment lasting nine days or fewer, such as a lecture or brief consultation.
Holders of B-2 (Visitor for Pleasure) Status Are Prohibited from Any Employment Temple University may NEVER employ someone in B-2 status. This person will need either to depart the U.S. and re-enter in an employable status or (if time permits) apply for a change of status before any employment is possible.