Hiring International Faculty and Researchers. Overview. What do we do at SISS?

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1 Hiring International Faculty and Researchers Margaret Hellwarth Assistant Director Services for International Students and Scholars February 20, 2013 Overview What We Do at SISS Maintaining Good Communication Using the Forms on our Website J-1 and H-1B Visa Comparison Making Timely Requests The Chair s Signature and the Importance to the University Hiring Permanent Faculty and Researchers International Scholar Advising Team Two New Staff at SISS What do we do at SISS? Mission SISS advances the University s mission of teaching, research and service by promoting the internationalization of our campus through immigration services, advocacy, and programs that welcome and support the international community. Vision SISS provides the highest level of support and service to attract and retain the world s best students and scholars, in order to increase UC Davis s international distinction and leadership in learning, discovery and engagement. 1

2 What do we do at SISS? Building a campus community that includes international students and scholars 1. Getting them here: Immigration and visa issues 2. Getting them connected: Orientations and joint programming with other campus units, such as Internship and Career Center Counseling and Psychological Services Women s Resources & Research Center Education Abroad Center 3. Helping them move onward and upward: filing changes of status for students to scholars, or J-1 scholars to H-1B employees, etc.; helping international students and scholars transfer to other universities or work after graduation. 2,217 International Scholars at UC Davis in ,673 International Students in Fall 2011 (including 211 staying on in the US to work on Optional Practical Training) Maintaining Good Communication Please ask your staff who assist international scholars to sign up for our VISA list for alerts at siss@ucdavis.edu Let us know whenever you are considering a non-immigrant potential employee/international visitor After employment, keep us informed of any change in Job title Salary Work location Job description Part-time/Full-time Employment Changes Home Address 2

3 Using the Forms on Our Website Immigration Frequently Changes Their Forms We Frequently Update Our Forms Accordingly Staffing Assignments and Recharge Fee Changes Sometimes Cause Changes in Forms J-1 Scholars Exchange Visitors, 6 months to 5 years, paid by UCD or outside source, component of cultural exchange Changes in job description can sometimes affect status. Changes in work hours do not affect scholars unless rate of pay is below $1800 per month ($1900 beginning July 2013). H-1B Employees employees in specialty occupations, must be paid by UCD, up to 6 years, staff positions need HR approval Any change in job title, salary, working conditions or work hours can affect legal right to hire. H-1B employment changes must be documented and in some cases, require an amended petition. If laid off, J-1 Scholars can transfer to another J-1 school if time remains on J-1 status. SISS does not file H-1B petitions for parttime employment however, there is a process to request an exception to this rule. Under postdoc agreement, J-1s who have funding from outside US must have funding that meets postdoc salaries if coming to the US as a postdoc. Contact Graduate Studies with questions. An H-1B who is terminated would be out of status as of date of termination. H-1B scholars need as much notice as possible to obtain other H-1B employment prior to termination. Making Timely Requests J-1 Status Always consider: The length of time it takes to evaluate eligibility for J-1 status. NOTE: the minimum requirement is a bachelor s degree. Otherwise, a different status must be used, if eligible. The length of time it takes for our office to evaluate the request, enter the data, and issue the DS The length of time it takes for the department to get the documents to the scholar. The length of time it takes to get a visa in any given country. NOTE: Allow 6 months to one year for visitors from Iran and Pakistan. The length of time it takes to make arrangements for travel once the visa is granted. Note: international visitors should NOT purchase plane tickets until they have been issued a visa stamp in their passport by the US Embassy abroad. 3

4 H-1B Status Making Timely Requests At various times of year, SISS may have 15 requests pending when your department submits your request; we may not always be able to review it immediately. Our busiest H-1B season is February June every year. SISS files approximately 200 H-1B petitions per year; about 4 every week. Always consider: The length of time it takes to make a wage determination. The length of time it takes to get approval from HR if requesting a Staff Position. Delays due to wage discrepancies. The length of time it takes to review the Technology Export form The length of time it takes SISS to review documents, request any edits or additional information, and file a petition. The length of time it takes to have a Labor Condition Application (LCA) approved prior to filing the petition with USCIS (8 days) The length of time it takes to have the H-1B petition approved by USCIS. The length of time it takes to get the approval to the scholar and for the scholar to get a visa (if abroad). Making Timely Requests H-1B Status Always consider: For most of the year, it takes 5 months to get an H-1B approval with regular processing. That means, SISS needs the request 7 months in advance of start date. The alternative to regular processing is to pay $1225 to USCIS for premium processing. This means that USCIS must adjudicate within 15 days; however, SISS still needs 1-2 months to process. Current H-1B employees who have a California Driver s License will generally have an expiration date that matches the expiration of their H-1B status. Although UC Davis can continue to employ for 240 days while an H-1B extension is pending, the employee will not be able to renew the license. Therefore, extensions should be filed 6 months in advance of the next start date. The H-1B has a 6-year limit. Departments must begin the process for permanent residence no later than the 4 th year or plan to end employment at the end of the 6 th year. NOTE: a permanent resident petition is necessary for permanent employees, particularly tenure-track faculty. When it comes to immigration, time really is 4

5 The Chair s Signature and Its Importance to the University Through the Chair, the University Commits to Compliance with Labor Laws Through the Chair, the University Commits to Compliance with Immigration Laws The Department of Labor can Audit the University The Department of Homeland Security can Audit the University Non-compliance can result in Loss of Federal Grants Penalties and fees to the University Deportation of Non-immigrant Workers or Students Loss of University Rights to Issue Immigration Documents Hiring Permanent Faculty and Researchers SISS files petitions for Outstanding Professors/Researchers Outside counsel is used for labor certification under Special Handling Schedule A Searches are very time-sensitive The entire process can take 1-5 years Some departments have good intentions but if the process is not started in a timely manner, the employee (and his or her family) may have to return home International Scholar Services Staff Kim Haky Senior Immigration Advisor (O-1, PR) kkhaky@ucdavis.edu, Angela (Chun Hui) Hamilton International Scholar Assistant (assistant for all J-1 documents) chhamilton@ucdavis.edu, Margaret Hellwarth Assistant Director, International Scholar Services (J-1 last names K or L) mhellwarth@ucdavis.edu, Simone Kueltz International Scholar Advisor (J-1 Lead Advisor; J-1 last names M-S) skueltz@ucdavis.edu, Gayle Oberlies International Scholar Advisor (H-1B, TN, E-3, J-1 last names A-J) geoberlies@ucdavis.edu, Daniel Padron International Scholar Assistant (assistant for H-1B, J-1, TN, O, E, PR processing) dapadron@ucdavis.edu,

6 Two New SISS Staff Jodi Barnhill International Data Analyst, International Students and Scholars Database oversight, reports, data analysis for both international student and international scholar populations Moira Delgado Outreach Coordinator, International Students and Scholars Social, cultural and informational programming for both international students and scholars, including brown bag lunches, coffee hours, field trips, holiday celebrations, etc. 16 Thank you for your time and attention. Services for International Students and Scholars University House PH: FX: Wesley Young, Director Margaret Hellwarth, Assistant Director