THE GEORGE WASHINGTON UNIVERSITY INTERNATIONAL SERVICES OFFICE

Transcription

1 THE EORE WASHINTON UNIVERSITY INTERNATIONAL SERVICES OFFICE H-1B DEPARTMENTAL REQUEST PACKET (Revised 2017) The W hiring department is responsible for completing the department request form, preparing the departmental support letter, com piling the supporting docum ents and submitting all material to ISO as a com plete package. Employment under the H-1B is specific to the employer, the position, the location, and the duties. The H-1B visa category is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation which requires a degree in a specific specialization. The University normally files H-1B visa petitions for full-time faculty and advanced researchers positions at the post-doctoral level only. These positions are deemed to be specialty occupations and such individuals would clearly qualify. H-1B Labor Condition Application. The U.S. Department of Labor (DOL) is involved with the H-1B application and employers bear a certain liability when filing H-1B petitions. Employers must make attestations about the wages and working conditions for H-1B positions and they must guarantee the return fare home if the H-1B employment is terminated for any reason before the end of the period of authorized stay. Violation of the labor regulations can result in the University being fined and prevented from filing H-1B and permanent resident petitions for one year or more. A Labor Condition Application must be filed by the ISO and approved by the Department of Labor and posted within the W department and/or any other location of employment before an H-1B petition can be filed with U.S. Citizenship & Immigration Services (USCIS). The Labor Condition Application requires that departments certify that the salary being paid by W to the H-1B applicant is the higher of the prevailing and actual wage. The University uses prevailing wage determinations obtained from the Department of Labor since it is the one authoritative source not subject to challenge by the DOL. The University will not file H-1B petitions for positions that do not meet the prevailing wage determined by DOL. Since academic positions tend to be grouped according to the broad discipline, the actual wage level for academic appointments would generally apply to the salaries paid by the employer to all others in the department employed in the same position classification. [See Actual Wage Questionnaire attached] Visa Sponsorship by W. Visa sponsorship is predicated on a formal W affiliation, usually with an academic appointment. The sponsoring department must make the appropriate arrangements for an academic appointment. The International Services Office (ISO) represents the university in its dealings with U.S. government agencies concerning visa and immigration matters related to visa sponsorship for all foreign students and scholars at W. The ISO is the only entity authorized to sign visa petitions and applications on behalf of the University. Since the H-1B is an employer-sponsored processes, attorneys representing individual faculty and researchers are not authorized to file such petitions on behalf of the University. Procedure. Once a decision has been made by the ISO, in consultation with the academic department, that an H-1B visa is appropriate, the ISO will send instructions to the Chair or faculty sponsor. The ISO works very hard to provide clear and concise instructions for departments participating in their part of the H-1B process. If the instructions seem long and complicated, it is because the process is complex and cumbersome. If you still have questions after reading the instructions, please call for further explanation. The process involves two offices of the Department of Labor prior to filing with the U.S. Citizenship & Immigration Services. Length of Stay. The initial H-1B petition may be up to three years, but may not exceed the duration of the official appointment or period of guaranteed funding. Funding must be guaranteed for the entire period of visa sponsorship. Extensions can be filed for periods up to three years. The maximum stay may not exceed 6 years with limited exceptions. Employment. The H-1B is employer-sponsored. The petition and employment authorization are specific as to employer, job title, job duties, location and salary. Procedures must be followed and documentary requirements must be met, before the scholar can begin his or her duties or receive remuneration. Once a scholar is in H-1B status at W, the ISO must be informed in writing prior to any substantial changes in the 1

2 scholar s employment, such as a new location, different duties, or change in the salary beyond routine raises. NOTE: Unless the employee is already in valid H-1B status, s/he cannot begin working in H-1B status until the US Citizenship and Immigration Services (USCIS) approval is received. If the employee is already working at W with authorization from another immigration status and that status will expire before the H-1B petition is approved by USCIS, the em ployee must stop working and be rem oved from the payroll from the expiration of the prior status until the H-1B petition is approved. For employees already in valid H-1B status transferring to W from another US employer, W must file a Labor Condition Application (LCA) with the DOL and a new petition with the USCIS. Employment may begin after W has received the fee receipt notice from USCIS. The fee receipt serves as evidence of filing for the I-9. In order to maintain valid H-1B status, these individuals are advised to remain working with the previous employer until W has filed the petition with the USCIS. Accompanying family members. The spouse and children (under 21) of an H-1B are classified as H-4 and are not eligible for employment under any circumstances. The maximum length of stay may not exceed 6 years. Current or previous J-1 exchange visitors subject to 212(e), the two-year home country residence requirement, who have not fulfilled the requirement or received a waiver are not eligible for an H-1B visa. Timeline. For every case (initial and Transfer H-1B petitions, extensions or amendments) the process ISO must follow involves 2 offices of the DOL prior to filing with USCIS. To minimize potential problems, the W host department must submit the requested materials (together as a package) to the ISO six (6) months in advance of the requested petition start date. DOL is taking up to 60 days for step 1. Therefore, complete requests for H- 1B extensions, transfers and premium processing may be submitted at least months in advance, but certain restrictions on travel may apply. H-1B PROCESSIN TIMES H-1B VISA SCE NARIO (see specific scenario below regarding advance planning) MINIMUM PROCESSIN TIME (ISO) * at least 3 months ADVANCE TIME FOR SUBMITTIN COMPLETE REQUEST TO ISO (FROM INTENDED START DATE) ** Scholar will be outside the U.S., must obtain H- 1B visa stamp, and then enter U.S. in H-1B status. Scholar is in the U.S. holding another visa status and needs a change of status to H-1B. (NO TRAVEL ABROAD) Scholar is in the U.S., holds H-1B status and needs a transfer, amendment, and/or extension. (NO TRAVEL ABROAD) At least 6 months (At least 4 months WITH PPS***) At least 4-6 months (At least months WITH PPS***) At least months (same W ITH PPS***) * Minimum Processing Time -Minimum required processing time for visa documents at the ISO from the date of receipt of a COMPLETE request. ** Recommended Amount of Advanced Notice -Minimum time in advance of the intended start/effective date that we recommend departments submit a COMPLETE visa document request to the ISO. Processing procedures and times with various government agencies are subject to change with little or no notice. However, this time should generally allow for individuals to secure a visa stamp, if applicable, and make reasonable travel arrangem ents. In some cases it may take longer depending on the country of origin (e.g. China) or the visa action required (e.g. change of status) *** Premium Processing Service (PPS) - With Premium Processing, USCIS guarantees that it will either issue an approval, Request Additional Evidence, or send Notice of Intent to deny within 15 days from the date the petition was received at USCIS, excluding mail time. However, the procedure for filing a PPS case is identical to filing a standard case. Please note that USCIS PPS will not affect the internal processing times at the ISO, nor the processing times at the Dept. Of Labor. Therefore, processing time for an H-1B petition filed through PPS will take approximately 3-4 months instead of the usual 4 to 6 months. DHS requires an additional fee of $1225 for PPS which the employer (W host department) is required to pay (in addition to the regular filing fee W must pay). 2

3 DEPARTMENTAL MATERIAL CHECKLIST ALIEN EMPLOYEE'S NAME: W DEPARTMENT: ITEMS SUBMITTED BY DEPARTMENT Please obtain the documents listed below. As you obtain each document, check the box beside the appropriate item. The employee is requested to return his/her completed questionnaires and supporting documents directly to the W host department. The ISO strives to be a paperpess office. All items (except checks) must be submitted to ISO as a scanned attachment to the address below before ISO will be able to proceed with your request. Please include the following subject line: ATTN: New H-1B <isodesk@gwu.edu> International Services Office Please note: Final USCIS petition packets must be assembled in a particular manner. Please scan all documents single-sided. Provide original signatures in blue ink. Please maintain photocopies of all documents for your records. 1 Department Request Form and Declaration, signed by Chair & Dean 1 W s formal letter of job offer (from the Provost) with the employee s acceptance. Include 1 copy of any reappointm ent letters, if applicable. (Note: Official appointments must cover requested petition dates.) 1 LCA Department Actual W age Questionnaire, completed & signed by Chair 1 Advertisement in a national professional journal appropriate to the discipline used for the recruitment that resulted in this person s hire. (For teaching faculty when requesting W s initial H-1B petition) USCIS Filing Fees for W Petition: Please note: Only W checks are acceptable. Request checks ASAP via Accounts Payable: - W check for $460 for base filing fee, payable to Dept. of Homeland Security- USCIS - Additional W check for $500 Anti-Fraud Fee, payable to Dept. of Homeland Security-USCIS [Required for all initial H-1B petitions filed by W. NOT required to extend or amend an H petition with the same em ployer.] - Additional W check for $1225 Premium Processing Fee, payable to Dept. of Homeland Security-USCIS - Once received, submit checks to ISO to ATTN:Chnetta Saunders &include the H-1B applicant's name. H-1B Deemed Export Attestation from OVPR. After submitting all documents to ISO, ISO makes a referral to OVPR. OVPR will coordinate with Chair on export analysis required by USCIS. Provide W host dept FedEx acct # l (without spaces or dashes): 1 Employee Questionnaire & Statement of Understanding 1 (with original signatures) - Imm igration / Employment History During the Last 7 Years 1 Alien's and dependents' Imm igration documents: Most Recent I-94, Electronic copy. (For white I-94Both Sides copied so that all USCBP stamps are clearly legible), biographic and visa pages from passport and other immigration documents. 1 educational document documenting qualifications for position (diplomas, original transcripts, CV, original translations and original foreign educational credential evaluations. 1 Photocopy Certification (Copies Are True Copies of Originals) 3

4 THE EORE WASHINTON UNIVERSITY DEPARTMENT REQUEST FORM FOR H-1B PETITION - PAE 1 OF 4 The W Department Chair or administrator (not the scholar) must complete this form and submit 1 copy. Please answer all questions as accurately as possible. This information will be used to prepare official documents filed with the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS). (Please type/print): W Departm ent Name: Department address: EMPLOYIN DEPARTMENT INFORMATION: Name of Department Administrator/Contact person: Telephone #: Fax #: address: Name & Title of Direct Supervisor (if different from Chair) Telephone #: Fax #: address: Name of Department Chair: Telephone #: Fax #: address: FOREIN NATIONAL EMPLOYEE INFORMATION: Family Name: Date of Birth: First Name: Country of Birth: WID # INFORMATION ABOUT THE POSITION / JOB OFFER: BASIS FOR H-1B PETITION REQUESTED: [ ] New em ployment (as H-1B) - Check box below as appropriate [ ] New employee coming from abroad [ ] New or current W employee changing from another nonimmigrant visa status in the U.S. [ ] H-1B Transfer to W (new employee already in H-1B status sponsored by another U.S. employer) [ ] Extension of current employee already in H-1B status (sponsored by W ) [ ] Amended petition (for any change in previously approved H-1B employment at W (location, position, duties, etc.) Official Position Title (from official appointment letter): Tenure Track: Yes No Official Appointment Dates: (of current appointment) Start Date: End: (Include renewal dates approved by Provost/VP through renewal appointment letter, if applicable. Petition may not exceed appointment dates.) DATES REQUESTED FOR THIS H-1B PETITION: (3 year max) H-1B Petition Start Date: End: NOTE: The H-1B petition may not exceed the duration of official appointment or period salary is guaranteed Annual Salary guaranteed by W: $ Are regular employee benefits offered? Home Department Banner Index # Is salary grant funded? [ ] Yes [ ] No rant Project Title: Project s Banner Index # [ ] Yes [ ] No If yes, please continue: Current Project End Date: Official Job Description: (All fields required for U.S. Dept. of Labor) Number of hours of work per week: Basic: Overtime: (if eligible for overtime pay) Full (official) Job Title of Supervisor: Daily Work Schedule A.M. (h:mm): : P.M. (h:mm): : 4

5 Departmental Request Form for H-1B Petition - Page 2 of 4 Does this position (officially) supervise the work of other regular employees? (not including grad students) Yes No If yes, number of employees the worker will supervise (if applicable) Job duties: (include the field of teaching and/or research.) Will travel be required in order to perform the job duties? Yes No Are there any other working conditions that affect the rate of pay? Yes No If Yes, please explain the travel requirements: If Yes, please specify the working conditions. (Official) Minimum Position Requirements: (all fields required by Dept. of Labor) (Should match official HR job description and recruitment ads. DOL treats preferences in ads as position requirements.) Education: minimum U.S. diploma/degree required (Mark only one box) Master's Doctorate (PhD) Other degree (JD, MD, etc.) If Other degree, specify the diploma/degree required: Indicate the m ajor(s) and/or field(s) of study required: (May list more than one related major and more than one field) (Consistent with recruitment advertisements) Does the employer require a second U.S. diploma/degree? Yes No If Yes, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required Is post-degree employment experience required? Yes No If Yes, specify the number of months of experience required: Indicate the occupation required: Is training for the job opportunity required? Yes No Note: Training may include specialized programs, coursework or training experience (other than employment). Do not duplicate requirements. Education or professional experience should not be counted as training required. If Yes in question above, specify the number of months of training required: Indicate the field(s)/name(s) of training required (May list more than one related field and more than one type) Special Requirements - List specific skills, licenses/certificates/certifications, and requirements of the job opportunity. Note: If a specific foreign language proficiency is required, documentation of the business necessity is required for the Dept. of Labor. Include this in the Departmental supporting letter. 5

6 Departmental Request Form for H-1B Petition - Page 3 of 4 LOCATION(S) OF EMPLOYMENT Please Note: H-1B is specific to location, as well as employer, title, duties and salary. Any changes may require amendments made to DOL and USCIS. The Department is required to report any changes to ISO in advance. Off-site Assignment of H-1B Employee: Will the employee covered by this petition be assigned to work at an off-site location for all or part of the period for which the H-1B is requested? Yes No If yes, W has special obligations under federal law involving both Dept. of Labor and USCIS regulations. (This would not include brief meetings or professional conferences at off-site locations.) If more than one off-site location is involved, USCIS requires an itinerary with dates and places. Future changes in location may require new filings with DOL and USCIS. Please consult with ISO in advance of changes. 1. Primary Location (Required by Dept. of Labor) Worksite address 1 (Include Dept. Name as appropriate) Street Address 2 City State/District/Territory County Postal code Will work be performed in multiple W or other work sites within an area of intended employment or a location(s) other than the address listed above? If yes, please complete info below for each additional site. Yes No 2. Additional Location: For each site, please clarify if its W or an off-site location. Worksite address 1 (Include Dept. Name as appropriate) Street Address 2 City County State/District/Territory Postal code 3. Additional Location: Worksite address 1 (Include Dept. Name as appropriate) Street Address 2 City State/District/Territory County Postal code 6

7 Departmental Request Form for H-1B Petition - Page 4 of 4 Department Name: Alien Employee Name: Declaration of the Department The H-1B requires an employer-sponsored petition that imposes extensive legal obligations on W as the employer. An H-1B petition and employment authorization are specific to employer, job title, job duties, location and salary. Therefore, the department must comply with the following regulations during the H-1B application process and during the employment of the foreign national under the terms of H-1B status. 1. The department attests that hiring of this foreign national will not adversely effect the wages and working conditions of U.S. workers employed in the same position title. Additionally there is no strike, lockout, or other labor dispute in the occupation. If one occurs, ISO will be notified immediately. The department will comply with the internal job posting requirements. If required to do so, the department is able to provide documentation to the Department of Labor to verify statements explaining the reason(s) for differences in salaries paid to individuals in the same job classification based on factors related to experience, qualifications, job responsibility and functions. Documentation must include the names and payroll records of all similarly employed individuals. 2. The department has allocated funds to cover the salary of the employee for the duration of his/her employment under the terms of this petition. The employee is eligible for all benefits available to other similarly situated employees. For the duration of this or future petitions, the department cannot place the employee in an unpaid status, unless it is determined by ISO that the situation is consistent with immigration and labor law. 3. The department will notify the ISO Associate Director prior to changes in the terms of the employment during the validity of this H-1B petition so an amended petition can be filed with the Department of Homeland Security, U.S. Citizenship and Immigration Services. Changes requiring Department of Labor and/or CIS notification include, but are not limited to: changes in the position, the hours worked, significant changes in job duties, changes in wages (other than regularly scheduled merit increases), and change or additions in location of position or activity. 4. The department agrees to pay the reasonable costs of return transportation of the foreign national to his/her home country should the department terminate his/her employment before the expiration of the employment approved by CIS. DEPARTMENT/DEAN APPROVALS AND CERTIFICATIONS: (Please sign with blue ink) I certify that the information provided for this petition is all true and correct. I authorize the release of any information needed by the Department of Labor and Department of Homeland Security to determine eligibility for the requested benefit or during any investigation under the Immigration and Nationality Act. I request the ISO to bind W to the legal obligations associated by this petition. Requestor/Supervisor: (if different from Chair) Department Chair: Date: Date: Dean: Date: 7

8 ACTUAL WAE STATEMENT You must create a statement of the method you use to determine the wage paid to U.S. workers for this position. You should itemize all factors you consider in setting the wage for this position, and you must ensure that H-1B workers are paid at least the actual wage paid to U.S. workers. (NOTE: if the prevailing wage for your area is higher than the actual wage paid to U.S. workers in your company, you must pay 100% of the prevailing wage). Contact Jennifer Donaghue at the ISO if you need assistance: , donaghue@gwu.edu. Set forth the actual wage statement below:

9 EMPLOYEE QUESTIONNAIRES AND INSTRUCTIONS FOR H-1B PETITION REQUEST Please return information and required documents listed below to your department. The W host department must submit the complete request package to ISO before initial review and processing can begin. Please Maintain photocopies of all documents for your records. Please note: The final packets submitted to USCIS must be assembled in a particular manner. All Original signatures should be signed with blue ink. Scan the documents to your department. 1 - Employee Questionnaire & Statement of Understanding 1 - Certification That Copies Are True Copies of Originals 1 scan of original - DIPLOMA (for highest degree) 1 official EDUCATIONAL CREDENTIAL EVALUATION if the highest degree was earned outside the U.S. A general evaluation of each educational degree and its U.S. equivalence (including major field and any subspecialization) will be accepted from Educational Credential Evaluators, OFFICIAL SCHOOL TRANSCRIPTS (For highest degree). 1 - CURRICULUM VITAE (Include a complete list of publications and professional/research references) 1 (with original signatures) - Immigration /Employment History During the Last 7 Years 1 PHOTOCOPIES of each Immigration Documents for You & each Dependent): BIORAPHIC & VISA PAE from the Passport FORM I-94 - Electronic copy (If now in U.S.). ALSO, IF YOU ARE (OR WERE) IN THE FOLLOWIN STATUS: - J-1 OR J-2 STATUS: INCLUDE Current and All prior Forms DS-2019/IAP-66, J visa stamp from passport, and 212(e) waiver, if applicable - F-1 STATUS: INCLUDE current and all prior Forms I-20 and EAD W ork Authorization Card - H-1B STATUS: INCLUDE Current and all prior I-797 Approval Notices & most recent pay stubs & W -2 to document continued employment Other relevant immigration docum ents (E.g., documents related permanent residency) CERTIFIED ENLISH TRANSLATIONS: 1of each translation Any foreign language document must be accompanied by a full English translation [including U.S. diplomas in Latin]. The translation should be literal, not interpretive. A professional translator is not required, nor must it be notarized. The foreign scholar should NOT do the translation. Translations should be accompanied by a statement from the translator indicating his/her name, address and qualifications for doing the translation. The translator must sign (with blue ink) and date the translation and state on its face: I [ typed name ], certify that I am fluent in the English and [name of language of original document] languages, and competent to translate the foreign language into English. The above / attached document is a complete and correct translation of the document attached entitled [ ]. DEPENDENT Form I-539 and FILIN FEE Check: (For dependents physically in the U.S. in dependent status) To change to H-4 (dependent) status or to extend H-4 status, dependents must file a separate application (Form I-539), which will be included with the principal H-1B petition. Completed Form I-539. (1 original) See top link to FORMS. < The filing fee for dependents is the responsibility of the prospective H-1B employee. The I-539 Filing Fee check should be made payable to the Department of Homeland Security-USCIS. For I-539 Legal fee of $350 check payable to McCandlish Holton, PC 11

10 EMPLOYEE QUESTIONNAIRE: H-1B Petition Request - PAE 1 Submit vis scan to your host department. Please answer all questions as accurately as possible. This information is required to prepare the official petition filed with USCIS. ( ** Legal Name as indicated in Machine Readable section in passport, see bottom of biographic page. If no middle name, please indicate none. USCIS will return the case unless the full name is indicated.) FAMILY NAME: First Name: Middle name: ALL OTHER NAMES USED (Include maiden name, names from all previous marriages, & alias; indicate "None" if no other names): CURRENT RESIDENTIAL ADDRESS: HOME PHONE: CELL PHONE: OFFICE PHONE: ADDRESS: DATE OF BIRTH: Month Day Year ENDER: [ ] Male [ ] Female COUNTRY OF BIRTH: PROVINCE OF BIRTH: COUNTRY OF CITIZENSHIP: U.S. SOCIAL SECURITY NUMBER: "A" NUMBER (If Any): H-1B1 PROCESSIN: (Select the manner in which you plan to obtain or extend your H-1B status): [ ] At U.S. Em bassy/consulate located at: (city) (country) [ ] Change of Nonimmigrant status to H-1B while in the U.S. (If presently in U.S. in another legal status and no travel planned) [ ] H-1B extension with W (continuation of previously approved employment without change) [ ] H-1B transfer to W from another employer PASSPORT NUMBER: ISSUE DATE: Month Day Year EXPIRATION DATE: Month Day Year (Passport should be valid for full length of petition) HOME ADDRESS ABROAD: ANY DEPENDENTS CURRENTLY IN THE U.S. WHO WILL EXTEND OR CHANE THEIR I-94 STATUS TO H-4? Yes [ ] No [ ] If yes, how many? [For dependents, please complete Form I-539 (their names only). Attach fee and supporting documents] PRIOR H-1B STATUS: Has anyone ever petitioned for H-1B status for you? Yes [ ] No [ ] (If Yes, please explain) Have you ever been denied H status? Yes [ ] No [ ] (If Yes, please explain) Have you ever held H status? Yes [ ] No [ ] (If, Yes, please list dates) Have any of your dependents ever held any type of H status? Yes [ ] No [ ] (If yes, please list dates) 12

11 EMPLOYEE QUESTIONNAIRE: H-1B Petition Request - Page 2 FAMILY NAME: First Name: Middle name: PETITIONS FOR PERMANENT RESIDENCY: Has a Permanent Residency Petition ever been filed for you? Yes [ ] No [ ] (If, Yes, please explain) Have you filed Form I-485? Yes [ ] No [ ] (If, Yes, please attached copies of I-797 Notices of Action, including ) Have you or any family members ever been in deportation or exclusion proceedings in the U.S.? Yes [ ] No [ ] (If, Yes, please explain) NOTE: If you answered yes to either question, please provide copies of relevant USCIS documents including the case number, office location, date of decision and disposition of the decision. HAVE YOU EVER HELD J-1 OR J-2 STATUS? Yes [ ] No [ ] If yes, provide dates of such status: (Provide 2 copies of all forms DS-2019/IAP-66, J visa stamp(s) from passport, and copies of I-94 or admission stamps in passport) If yes, are you subject to 212(e), the two-year hom e residency requirem ent? Yes [ ] No [ ] If subject, did you fulfill or receive a waiver of this requirem ent? Yes [ ] No [ ] (If Yes, please include waiver) IF NOW PRESENT IN THE UNITED STATES: Current Nonimmigrant Status: Expiration Date: Month Day Year or D/S Status upon last entry into U.S.: Date you last entered the U.S. Month Day Year (enerally date on most recent I-94. If you traveled to Canada and reentered with the same I-94, indicate the date of re-entry from Canada. Include copies of the entry stamp in the passport) Most recent I-94 #: (attach 4 photocopies of electronic I-94 or front & back for white I-94 card) Current or prior SEVIS #, (if any): Employment Authorization Document (EAD) number (if any): (Attach 4 legible copies of all current and prior EAD cards issued.) IF IN THE U.S. ARE YOU PLANNIN TO TRAVEL OUTSIDE OF THE U.S. IN THE NEXT 6-8 MONTHS? Yes [ ] No [ ] If yes, dates of travel DO YOU PLAN TO APPLY FOR AN H-1B VISA ABROAD? Yes [ ] No [ ] IF YES, AT WHICH U.S. EMBASSY OR CONSULATE? (city) (country) NOTE: If travel plans change during pre-filing processing or after filing with USCIS, please notify ISO immediately. HAVE YOU EARNED A MASTER S DEREE OR HIHER FROM A U.S. INSTITUTION? Yes [ ] No [ ] If, Yes, please provide: NAME & ADDRESS OF INSTITUTION: TYPE OF DEREE: DATE DEREE AWARDED: I understand that H-1B status is specific as to the employer, the position, the location and the duties. Any changes may require an amended petition. Further, I certify that the information provided is true and correct. SINATURE OF H-1B APPLICANT: DATE: / / (Please sign with blue ink) 13

12 PERSONAL IMMIRATION HISTORY FOR THE LAST 7 YEARS Please sign with original signatures (signed in blue ink) on each. PLEASE TYPE OR PRINT LEIBLY Begin with current immigration status and work backwards. Include specific dates for each U.S. immigration status (F- 1; J-1; H-1; B-2; etc) even if you were not employed, the name and address of ALL previous institutions / employers (U.S. and abroad), and the dates of activity/employment for at least the past 7 years. Note: If you have been continuously in the U.S. (apart from visits abroad) for more than 7 years, document all immigration statuses from the time you first entered. DATES OF ACTIVITY From: (mm/dd/yy) To: (mm/dd/yy) (Specify exact dates per U.S. visa status even if at same institution) U.S. IMMIRATION STATUS, if any (Indicate N/A for time abroad) INSTITUTION / COMPANY Where you studied / worked (Name and address) Signature of employee: DATE 14

13 MANDATORY STATEMENT OF UNDERSTANDIN Please read carefully. (Submit ONE original copy) EMPLOYEE NAME: I. FOR ALL APPLICANT BENEFICIARIES. H-1B status is specific to the employer, the position, the location and the duties. For every case (initial H-1B petition, transfer, extensions and/or amendments) the process involves 2 offices of the Department of Labor (DOL) prior to filing with U.S. Citizenship and Immigration Services (USCIS). To minimize potential problems, the W host department must submit requested materials to ISO six (6) months prior to the petition start date. If the prospective worker is abroad, s/he must apply for an H-1B visa after USCIS has approved the petition and sent notice to the U.S. Department of State. If the beneficiary is currently in the U.S. and requesting a change from one nonimmigrant status to another, the new (H-1B) status is only valid while the person remains physically present in the U.S. If the beneficiary subsequently leaves the U.S. and wishes to reenter, a valid H-1B visa will be required. Nonimmigrant visas are granted to individuals coming temporarily to the U.S. and are classified for a specific purpose (temporary employment, tourism, study). Visas are issued in the passport by U.S. Consular Officials at a U.S. embassy, generally in the home country. The visa permits travel to the U.S. to apply for admission in a specific classification (H-1B). A valid passport and a valid visa are required for each admission; however, a visa does not guarantee entry to the U.S. Applicants should be aware that Immigration Inspectors from U.S. Customs and Border Protection (CBP) have discretionary authority to deny admission at the port of entry, even if the applicant s visa is valid. CBP also determines the period of authorized stay. At the port of entry, Immigration inspectors issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The authorized validity dates of the visa in the passport and the dates of authorized stay (Form I-94) may be limited by the petition validity period and the passport validity period. II. FOR APPLICANT BENEFICIARIES CURRENTLY IN THE U.S. ( CHECK ONE BOX) Please check ( ) the option below that best describes your situation and provide the requested information. Please indicate your understanding of your employment situation by signing below. Your application will not be processed without your signature on this page. If you are unsure which classification applies to you, contact the International Services Offices (ISO) for clarification. I do not currently have valid H-1B status. Therefore, I am requesting a change to H-1B status. I have a valid Employment Authorization Document [EAD card] issued by USCIS that allows me to work for any employer. My work permission expires on. I understand that I can only work under the terms and conditions of my current work authorization until the day it expires. If the H-1B petition and change of status are not approved before my current work authorization expires, I must be removed from payroll until the H-1B petition and change of status to H-1B are approved. Finally, I understand that I may not travel outside the U.S. while my change of status is pending with USCIS. I am currently employed/conducting research at W and requesting a change of immigration status since I currently do not hold H-1B status. I currently hold status that expires on. I understand that I can work only under the terms and conditions of my current work authorization until it expires. If this H-1B petition and change of status are not approved by the day my current work authorization expires, I must be removed from payroll until the H-1B petition is approved. I understand that I may not travel while my change of status is pending with USCIS. I am not currently employed at W. I am currently in a valid immigration status other than H-1B. I do not have work authorization that allows me to work at W. I understand that I cannot be employed by W until USCIS approves my change to H-1B status. I understand that I may not travel while my change of status is pending with USCIS. I am currently in valid H-1B status in the U.S. at an employer other than W. I understand that I cannot be employed by W until W files a new petition with USCIS and the official Receipt Notice is received by ISO to serve as evidence that a non-frivolous, timely-filed petition for H-1B status has been received by USCIS. [Note: W must file processes through two offices of the Dept. of Labor prior to filing with USCIS.] There is no grace period for H-1B status. Therefore, I should not resign from my current employer until W has filed the new petition. I am currently employed at W in H-1B status. I am requesting an extension/amendment of that status. I understand that I may continue to work at W under the terms/conditions of my current H-1B status provided that requested materials are submitted to ISO with sufficient lead time (6 months in advance). [Note: W must file processes through two offices of the Dept. of Labor prior to filing with USCIS.] If my current H-1B status expires before the extension is approved, I may continue working for an additional 240 days, provided that USCIS receives the petition extension prior to the expiration of my current H-1B status. Travel is not advisable during the processing of H-1B extension/am endments. NOTE: For H-1B petitions filed for proposed changes in employment, the changes may not go into effect until the USCIS Receipt Notice (Form I-797) is received by ISO. I have read the above information. I understand the requirements for all applicants. If presently in the U.S., I certify that the statement checked ( ) above best describes my situation and I understand the limitations described of my current status. Signature of Foreign National (Sign in blue ink) DATE 15

14 PHOTOCOPY CERTIFICATION Please sign with original signatures (signed with blue ink) on each. I declare, under penalty of perjury, that copies of documents submitted are exact photocopies of unaltered original documents and I understand that I may be required to submit original documents to an immigration or Consular official at a later date. Signature: (of person whose documents are being certified - Please sign each copy with blue ink.) Full Name (Typed/Printed): (of person whose documents are being certified) Date of birth (month/day/year): Country of birth: Date (month/day/year): 16