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A Workshop on International Scholar Employment at MU. Presenters: Richard Porter, ISSS Coordinator Billie Freelon, H-1B Advisor. William B. Schiller, Davidson & Schiller, LLC. Employing J-1 Scholars. J-1 Documentation and Reporting Requirements.

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A workshop on international scholar employment at mu

A Workshop on International Scholar Employment at MU

Presenters: Richard Porter, ISSS Coordinator Billie Freelon, H-1B Advisor.

William B. Schiller, Davidson & Schiller, LLC



J 1 documentation and reporting requirements
J-1 Documentation and Reporting Requirements

  • Student Exchange Visitor Information System (SEVIS)

  • DS 2019 (Formerly IAP 66).

  • $100 SEVIS fee

  • Rules regarding reporting to the school after entry into the US.

  • Rules regarding departure.

  • Reporting address changes


Sevis
SEVIS

  • TheStudent and Exchange Visitor Information System is a web-based information system operated by USICE (ICE), The US Immigration and Customs Enforcement (Formerly the INS but now an agency under the Department of Homeland Security), to process visa documents, report changes, request benefits, add dependents, transfers, and many other visa related issues

The INS was divided up into three agencies under the Department of Homeland Security; USCIS, USICE, and USCBP


J 1 form ds 2019 sevis
J-1 Form DS-2019 (SEVIS)

Dependents of J-1 scholars (J-2s) must possess there own separate SEVIS document.


Sevis fee
SEVIS Fee

  • All new J-1 scholars applying for a J-1 visa or requesting a change of status to J-1 must pay.

  • Fee supports SEVIS.

  • $100 fee paid online at:https://www.fmjfee.com/index.jhtml

  • Scholar is required to pay.

  • Sponsoring institution can pay the fee for the scholar but is not required to.


International missouri

New Arrival Reporting Requirements

  • Scholar must enter the US and check in at ISSS within 30 days after SEVIS start date.

  • When arrival into the US is delayed for 20 days beyond the SEVIS start date (allowing a 10 day buffer for ISSS check in), the ISSS will need to amend the program start date in SEVIS.

Department and or scholar must notify ISSS, if scholar will arrive 20 days after start date.


Mu arrival and program validation
MU Arrival and Program Validation

  • Scholar must check in at the ISSS after arriving in the US within 30 days after their program start date.

  • After scholars check in, an ISSS advisor will validate the scholar’s program participation in SEVIS.

  • Scholars who enter the US but do not have their program participation validated by ISSS within 30 days from their SEVIS start date will be considered illegally present in the US

Scholars must check into ISSS immediately after arriving in Columbia!


Departure reporting requirements
Departure Reporting Requirements

  • 30 day departure if scholar’s program ends as planned (end date on DS2019)

  • 15 day departure if scholar ceases employment 30 days before program end date.

Department must notify ISSS only when scholar terminates program 30 days before end date.


Scholars must notify the uscis regarding address changes
Scholars must notify the USCIS Regarding Address Changes

J-1 program participants are legally required to inform the USCIS of a change of address within 10 days

Scholars will notify USCIS indirectly regarding changes of address by filling out the Scholars Address Change Form at the International Center. ISSS will note the change in SEVIS.


Your visa an entry document

Only a Key

Your Visa (an entry document)


J 1 program restrictions
J-1 Program Restrictions for entry only. It is OK for a scholars visa to expire while in the U.S. This will only effect the scholars ability to travel outside the US and re-enter, not their legal status.

  • Engage in Defined Activities

  • Authorized Employment only

  • Health Insurance Requirements

  • Two Year Home Residency Requirement


Engage in defined activities

Scholars and professors are here to teach and or perform research and can not enroll in courses unless they are incidental.

Engage in Defined Activities

Changing a J-1 category from scholar to student or student to scholar is not possible once the J-1 enters the US. This can only be done by departing the US and re-entering with a new document.


Be employed only with authorization
Be Employed only with Authorization research and can not enroll in courses unless they are incidental.

J-1 Scholars can be paid for occasional lectures or consultations off campus but only with written authorization from an ISSS advisor.

No authorization is needed if the scholar will only be reimbursed for reasonable expenses.


Carry health insurance
Carry Health Insurance! research and can not enroll in courses unless they are incidental.

J-1 Visitors and their dependents are required by law to carry Health Insurance that meets minimum requirements.

Included in these minimum requirements is Repatriation/Medical Evacuation coverage (7,500/10,000).

Scholar will be asked to show documentary proof of insurance (in English)! MU benefits eligible employees will need to purchase an add-on policy to cover Repatriation/Medical Evacuation.


Two year home residency requirement 212 e

“SUBJECT/NOT SUBJECT TO SECTION 212(E)” research and can not enroll in courses unless they are incidental.

Also noted on the DS 2019 (formerly IAP-66), but not always.

Two Year Home Residency Requirement (212.E)

  • Those who are subject to this requirement must return to their home country and reside there (not in a third country) for two years after the completion of their J program before returning to the US on a work visa.

  • Changes of immigrant status within the US are not possible unless this requirement is waived.


J 1 dependents j 2
J-1 Dependents (J-2) research and can not enroll in courses unless they are incidental.

  • May be employed after receiving authorization from USCIS.

  • Is 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 (expensive)


J 1 process at mu

J-1 Process at MU

  • Department contacts the ISSS. Anadvisor will determine if J-1 isthe best option.

  • Scholar must report to ISSS as soon as they arrive at MU, show proof of insurance, and attend a mandatory orientation.


Help for hosting departments
Help for Hosting Departments department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

Scholars who are not employees of MU can still get staff/faculty ID cards enabling them to procure library privileges, keys to their office/laboratory, etc…. Information regarding these procedures and other helps for hosting departments can now be found on our web site at:

http://international.missouri.edu/isss/departments/hosting.shtml

Other useful information on the ISSS Web Site: http://www.missouri.edu/~icweb/isss/


Advantages to j 1
Advantages to J-1 department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Quick processing (ISSS issues the J-1 document within 10 days)

  • J-2 dependent can work

  • Less paperwork

  • Less problems related to the wage

  • Research scholar programs can now be extended for up to 5 years


Disadvantages
Disadvantages department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Generally more difficult to get a visa at the US consulate or embassy

  • 2 year home residency requirement for nationals from some countries.


Employing h 1b workers
Employing H-1B Workers department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.


H 1b foundational information

Employment Visa department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

Professional Position

Position must require a bachelor’s degree or higher.

Employee must have a bachelor's degree or higher

H-1B Foundational Information


H 1b parameters
H-1B Parameters department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Limited to 6 aggregate years

  • Job-site specific

  • Processing time * Must allow for 3 to 5 months for normal processing.* Allow for 1 month for expedited processing

  • Minimum of 1 year – Max. 3 year for each petition.


Employer responsibilities
Employer Responsibilities department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • File a Labor Condition Application (LCA) with the Department of Labor(ISSS with info. provided by the dept.)

  • Document wages paid (Dept)

  • Maintain Public Access File (ISSS)

  • Pay return trip home for early termination (Dept)


Responsible government agencies

DOL department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

USCIS (INS)

Responsible Government Agencies

  • Determines prevailing wage

  • Certifies Labor Condition Application (LCA)

  • Regulates Work conditions

  • Requires Job Postings

  • Audits Public access file

  • Adjudicates H-1B petitions (I-129)

  • Regulates and monitors non-immigrant’s status

  • Requires employer to pay return trip home


Advantages for academia
Advantages for Academia department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Standard training fee of $1,000 is waived for Academic Institutions (Separate Petition fee of $200 and an anti-fraud fee of $500 is still required)

  • Academic Institutions are not subject to a yearly cap on the number of H-1B employees

  • It is possible to request expedited or “Premium Processing” (for a fee).


The h 1b petitioning process

Wage determination. department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.Prevailing wage and Actual Wage

1-3 weeks

Labor Condition Application (LCA)Certification Department of Labor

Instantaneous

H-1B PetitionUnited States Citizenship and Immigration Services

3-5 months

The H-1B Petitioning Process

An Overview


Special topics
Special Topics department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Prevailing wage and changes associated with it.

  • Expedited “premium processing”

  • H-1B transfers

  • The J-1 2 year home residency requirement.

  • Extensions

  • Visa applications and the new DOS/USCIS security procedures and policies


Prevailing wage
Prevailing Wage department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • The actual wage must meet 100% of the Prevailing wage (PW) or exceed it.

  • PW is determined by the State Employment Security Agency (SESA)

  • PW requests are presented to the SESA based on information provided to the H-1B advisor by the dept regarding the position.

  • The state recognizes four levels of salary in the PW determination.


Processing times

Standard Processing department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

PremiumProcessing

Processing Times


H 1b transfers portability
H-1B Transfers (Portability) department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Those in valid H-1B status at another institution can begin employment at MU only after MU receives a notice from the USCIS that a petition was filed.

  • This whole transfer process can take around 1 to 2 months.

  • Transfer applications are not automatically approved so there are risks involved in the process.


The j 1 two year home residency requirement
The J-1 Two Year Home Residency Requirement department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • 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 H-1B.

  • The waiver can take up to one year to obtain


Extensions
Extensions department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Petitions for extensions should be made no less than four months before the current program ends.

  • Can continue without an approval

  • Late petitions result in significant problems with travel. No visa will be issued for re-entry with an expired program and no approval notice for the extension.


New security measures
New Security Measures department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Longer visa processing times for beneficiaries applying outside of the US.

  • 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 H-1B advisor before undertaking or recommending travel outside the US. Knowledge regarding proper procedures and documentation is crucial


New policy h1b visa reform act of 2004
New Policy department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.H1B Visa Reform Act of 2004

  • A new $500 fraud prevention and detection fee for all new H1B petitions and for all H1B transfers to MU.

  • Departments, not the scholar, will be required to pay the fee.

  • The $500 fee will not be imposed on H1B extension petitions for those currently in H1B status, employed at MU.

  • Employers are now required to pay 100% of the prevailing wage.


H 1b process at mu
H-1B Process at MU department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Departments contact the H-1B advisor. The advisor will determine if an H-1B is the best option.

  • Petition materials are sent as emailed attachments to the department and the beneficiary.

  • The materials and process have been revised so please contact H-1B advisor before filling out and submitting any old documents you may have.

*Go to the IC web site for more detailed information


Advantages to h 1
Advantages to H-1 department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Generally easier to get the visa at the US consulate or embassy.

  • Can transition to become a permanent resident.

  • Longer period of stay (6 years)


Disadvantages1
Disadvantages department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Wage requirements (prevailing wage)

  • All financial support must come from MU

  • Paperwork

  • Length of processing time

  • The expense related to expedited processing of petitions.

  • Dependents of H1B’s (H4’s) are not allowed to work.

  • No official “grace period” for H1B holders after their period of authorized stay ends or after their employment terminates.


New travel restrictions
New Travel Restrictions department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Renewals of H-1 visas (entry stamps in the passport) within the US are no longer possible.

The only place a visa stamp can be issued now is at a US consulate or embassy abroad.


International missouri
Q & A department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

Visit our web site for more information at:

http://www.missouri.edu/~icweb/isss


Permanent residence pr
Permanent Residence (PR) department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

“A foreign national or alien immigrant in the United states is commonly referred to by different terms, including: immigrant, permanent resident, lawful permanent resident, green card holder and numerous other labels”. Ref. I.N.A. 101(s)(20); 8C.F.R. 1.1(p)


Different routes to obtaining permanent residence status
Different Routes to obtaining Permanent Residence status? department (the request form is also available on our web site and as a hard copy at the front desk of the International center). Processing can take up to 10 days.

  • Family

  • Employment

  • Public or Humanitarian Policy

  • Diversity Immigrant Visa Lottery (DV)


International student and scholar service office pr processing
International Student and Scholar Service Office PR Processing

  • Department recommends the scholar to ISSS for processing and commits to pay a $1,000 fee for services.

  • Permanent Residence Advisory Committee assesses the viability of the scholar case in consultation with ISSS

  • PRAC approves or denies the recommendation

  • If approved, ISSS assists scholar and department with the process


Employment based pr petitions through isss
Employment Based ProcessingPR Petitions through ISSS

  • First Preference (EB1): Priority Workers- (1) persons of extraordinary ability

    (2)Outstanding Professors or Researchers

    (3) Certain Multinational

    executives/managers.

  • Second Preference (EB2):

    Professionals holding advance degrees

    and persons of exceptional ability in the sciences, arts, and business.

  • Etc....


First preference eb1 outstanding professors or researchers
First Preference (EB1) Outstanding Professors or Researchers Processing

“Internationally recognized as outstanding in a specific field and have a minimum of three years research or teaching experience”

Musthave an offer of tenured, tenure- track teaching or “permanent” research position. Post Doctoral or visiting positions do not qualify


Qualifying documentation eb 1
Qualifying Documentation (EB-1) Processing

  • Major national or international prizes

  • Membership in exclusive professional associations

  • Published material about the alien’s work

  • Evidence of participation as a judge of the work of others

  • Evidence of original scientific or scholarly research contributions

  • Evidence of authorship of scholarly articles


How much is enough
How Much is Enough? Processing

  • USCIS regulations specify that evidence must be submitted in at least two of the prescribed areas.

  • The broader, more diverse, and more convincing the evidence is, the more likely the petition will be approved.


The pr process for eb1
The PR process for EB1 Processing

File the I-140, Immigrant petition. This can take anywhere from one month one year to be adjudicated. (No LC)

Concurrent filing of I-485, application to adjust status to permanent resident. This currently takes approximately one to two years.

Concurrent filings are advisable in only some cases.


Delays in the filing of adjustment of status applications for certain nationalities
Delays in the Filing of Adjustment of Status Applications for Certain Nationalities

  • The permanent residence visas numbers available for each country are limited.

  • Numbers available to citizens from China and India have run out, resulting in long delays. (this does not impact the employers ability to file the immigrant petition)

  • The list of retrogressed countries may increase.


Second preference eb 2 holders of advance degrees
Second Preference (EB-2) for Certain NationalitiesHolders of Advance degrees

Advance degree is defined as any U.S. academic or professional degree or foreign equivalent degree above baccalaureate.

The job offered must require an advanced degree as a minimum requirement.


The pr process for eb2

File the I-140, Immigrant petition. This can take anywhere from one month to one year to be adjudicated.

Concurrent filing of I-485, application to adjust status to permanent resident. This currently takes approximately 1 year

The PR process for EB2

File Labor Certification. This takes from three to five months


Foreign labor certification under the new perm regulations
Foreign Labor Certification under the new PERM regulations from one month to one year to be adjudicated.

  • Standard Process

  • Special Categories Including Applications for College or University teachers

ISSS only files labor certification applications for Advanced Degree Professionals (EB2) at MU with formal classroom teaching responsibilities (College or University Teachers).


The new perm regulations program electronic review management
The New PERM Regulations from one month to one year to be adjudicated.Program Electronic Review Management

  • Application submitted online

  • Documentation not submitted to DOL but kept on file for random audits

  • Employer must pay 100% of prevailing wage

  • Shortened processing time (Less than 60 days)

  • Documentation and evidentiary requirements remain almost the same when filing for college or university teachers


General perm requirements
General PERM Requirements from one month to one year to be adjudicated.

  • Employment in the U.S.

  • Permanent position (professional or tenure track positions at MU)

  • Full-time

  • Bona fide job opportunity

  • Offer prevailing wages and working conditions

  • Position must be advertised in a hard copy professional publication


Requirements for college or university teacher lc applications
Requirements for College or University Teacher LC Applications

  • Some classroom teaching responsibilities

  • “Best qualified candidate”. (Standard process = no other “minimally qualified” US Citizens or PR Candidates)

  • Recruitment process must occur not more than 18 months prior to filing labor certification (From job offer letter date)

Get ISSS involved as soon as possible. Include us in the on site interview schedule


Permanent residency applications
Permanent Residency Applications Applications

EB1 or EB2, which to file?

  • When both are options, EB2 applications are preferable for faculty members due to the subjective and labor intensive nature of EB1 applications

  • An EB1 application for outstanding researcher is the only option available through ISSS for research positions.

In some cases, it may be advisable to file more than one application at the same time


Options through external legal representation
Options through External Legal Representation Applications

William B. Schiller

Davidson & Schiller, LLC


International missouri

Q&A Applications

Visit our web site for more information at: http://www.missouri.edu/~icweb/isss

Thank you for Attending!