E-3 Australian Specialty Occupation Workers Application

Transcription

1 TEL (215) FAX (215) E-3 Australian Specialty Occupatin Wrkers Applicatin this applicatin alng with all necessary dcuments securely t Sharn Lughran thrugh TUSafesend [ Department Name: Schl/Cllege: E-3 Applicant Name: TU ID Visit fr infrmatin n the E-3 Applicatin Prcess Please te: ISSS may take up t 45 days t cmplete the prcessing f the materials fr this petitin Missing infrmatin will cause delays in prcessing f the petitin fr E-3 status Submissin f a petitin t the US Cnsulate r USCIS des nt guarantee apprval f the petitin The Premium Prcessing fee des nt expedite the Labr Cnditin Applicatin (LCA) prcess; that fee applies nly t the adjudicatin f the Petitin fr nimmigrant Wrker (Frm I-129) by the USCIS The hiring unit must ntify ISSS at least 30 days in advance f ANY changes in the E-3 s emplyment s that ISSS can determine if ntificatin t the prper gvernment agency is required Items That Must Be Included with this Applicatin: Required Checks Temple University Appintment / Emplyment Offer letter signed by apprpriate TU Official Official psitin descriptin that was used in the psting f the psitin Cpies f beneficiary s passprt (passprt pht page, US entry stamps, visa stamps, renewal pages nly) Cpy f bth sides f beneficiary s recent I-94 card issued at a US Brder (if applicable) Beneficiary s Current CV Cpy f any license needed fr this psitin Cpies f 3 mst recent paychecks t establish current emplyment in the US ONLY English-language translatins f all diplmas [ISSS recmmends an academic credentialing evaluatin] Cpies f all Frms I-20, DS-2019 and EAD cards [if applicable] Cpies f all previus USCIS Apprval tices, including J waiver ntice [if applicable] H-1B Applicant s USMLE Scre Reprts, Steps 1, 2 and 3 (if applicable) [clinical emplyment nly] H-1B Applicant s ECFMG Certificatin (if applicable) [clinical emplyment nly] Additinal Items Needed fr Dependents Wh Are Currently in the US: Check fr $290 made payable t USCIS Frm I-539 (shuld be cmpleted and signed by dependent, nt H-1B Applicant) Cpies f Marriage/Birth Certificates Cpies f dependents immigratin dcuments (passprt pht page, US entry stamps, visa stamps, renewal pages nly, Frms I-20 / DS-2019, etc) 1

2 Be sure t include a nte n the Check Requests fr Accunts Payable requesting that the checks be sent directly t Department Administratr s Office Address. Use this address fr Request fr Payment fr checks made payable t bth USCIS and DHS: US Citizenship and Immigratin Services ATTN: H-1B Cap Exempt Services Califrnia Service Center Avila Rad, 2nd FL, Rm 2302 Laguna Niguel, CA PAYEE AMOUNT Required? PURPOSE WHO MUST PAY USCIS US$ Only if Prcessing in Hiring Department Rutine E-3 the US as ppsed t a prcessing fee US Embassy Abrad Optinal Only if Hiring Department USCIS US$ Prcessing in the US Premium prcessing if necessary fr 1, as ppsed t a US fee business purpses Embassy Abrad Only if Dependents are Either Dept r E-3 USCIS US $ in US and are Extending thrugh USCIS Dependent I-539 fee T Be Cmpleted By The Hiring Department: Departmental UPS Accunt # (DO NOT LEAVE THIS BLANK) Department Name Department Cntact Name Phne # Cntact Secnd Dept Cntact Name Phne # 2 nd Cntact Name f E-3 Applicant Applicant s TU ID: E-3 s Prspective Jb Title: 2

3 Frm Which Federal Emplyer ID # (FEIN) Will the E-3 s SALARY BE DRAWN? Other FEIN: Field in Which the E-3 Applicant Will Wrk Bichemistry Bilgy Micrbilgy Physics Chemistry Medicine Physilgy Bimedical Sciences Electrical Engineering Mechanical Engineering Other (Please Specify): Address where E-3 Will Wrk - Include cmplete address f ALL wrksites during the time perid requested in this applicatin Jb Requirements: a. Degree Required fr Psitin: b. Years f Experience Required fr Psitin: c. License Required? d. Bard Certificatin Required? e. Supervisry Duties (limit t peple applicant can Hire r Fire): f. Is this a Unin Psitin? If yes, Name f Unin g. Salary: per hur mnth year h. # Hurs Required Per Week: i. General wrk schedule (e.g., 9:00 a.m. t 5:00 p.m., Mnday thrugh Friday) Requested E-3 start date Requested E-3 end date Actin Requested New emplyment in E-3 Status Extensin Withut Changes in Psitin Transfer frm anther Emplyer Change in previusly apprved emplyment 3

4 Prcess By Which Individual Will Obtain E-3 Wrk Permissin Individual Will Acquire E-3 status Frm Abrad T acquire E-3 status frm abrad, an Australian citizen must first btain an E-3 visa. I-129 petitin is necessary. Instead, the Australian emplyee presents the necessary evidence fr classificatin directly t the US cnsular fficer at the time f visa applicatin, including: Cpy f the emplyer's LCA certified by DOL A supprt letter frm ISSS Cpies f All Diplmas Prf f a legitimate ffer f emplyment in the United States Prf f Australian citizenship Evidence that the alien meets any licensing r ther ccupatinal requirements Prf that the emplyment will be temprary (Tenure-Track psitins are prblematic) Prf f payment f the Machine Readable Visa fee With an E-3 visa, an Australian citizen can then apply fr admissin t the U.S. in E-3 status at a U.S. prt f entry. Individual Will Acquire E-3 status In The U.S. If the Australian citizen is already in the U.S., s/he can apply t change t E-3 status r extend status if therwise eligible. T apply fr change f status the fllwing must be submitted t the Vermnt Service Center: Frm I-129 with I-129 fee Cpy f the E-3 LCA certified by DOL Prf f a legitimate ffer f emplyment in the United States Cpy f Australian passprt A supprt letter frm ISSS Cpies f Diplmas Evidence that the alien meets any licensing r ther ccupatinal requirements 4

5 Actual Wage Determinatin Wrksheet E-3 Australian Specialty Occupatin Wrkers This wrksheet is t be cmpleted and signed by the cllege r department business administratr, r any ther cllege r department emplyee respnsible fr emplyment matters. *te that grant availability may nt influence the determinatin f the actual wage. The purpse f this dcument is t reprt in writing the wage rate levels paid t all persnnel wh have the same jb title as the E-3 Applicant. If n ther emplyee in the department hlds the same title as the E-3 Applicant, please list emplyees with similar jb duties/respnsibilities This wrksheet will be made available t the Department f Labr and the US Citizenship and Immigratin Services in inspectin flders. Mre infrmatin n wage issues can be fund at Department f Labr Slide Presentatin and at Begin by listing the E-3 applicant. Please nte that Pst-Dctral Fellws and Resident Physicians/ Fellws are cnsidered training psitins and shuld nt be cmpared t jbs that are ffered thrugh Human Resurces. EMPLOYEE TU ID HIGHEST DEGREE YEARS OF EXP SPECIAL SKILLS/KNOWLEDGE/DUTIES WORKER SUPERVISION DUTIES HOURS/ WEEK WORK MONTHS (9 OR 12) ANNUAL SALARY Use the fllwing sectin t explain wage-level differences nt based n infrmatin listed abve: I hereby certify that the psitin and emplyee infrmatin listed abve is accurate t the best f my knwledge. Printed Name Signature Date 5

6 Actual Wage Memrandum Federal regulatins require that the emplyer retain dcumentatin specifying the basis it used t establish the actual wage, i.e. hw the wage fr the E-3 wrker relates t the wages paid ther individuals with similar experience and qualificatins fr the specific emplyment at the place f emplyment. Please cmplete this frm, then print ut and attach apprpriate signatures Tday s Date: # f Peple Wh Have Same Jb Duties/Respnsibilities As E-3 Applicant: Name f Psitin E-3 will hld: Hiring Dept Name: Address f Hiring Dept: Salary Range f Emplyees In This Psitin: $ t $ The salaries f individuals hlding this psitin were determined n the basis f a number f factrs, including: (check the criteria that apply in this case plus add any ther factrs that yur department used t determine these salaries): level f educatin years f experience in the field specific jb respnsibility specialized knwledge degree f independent respnsibility nature f the duties invlved and ther applicable criteria (Include criteria that are specifically relevant t the psitin in questin, such as knwledge f and/r experience in specific sftware prgrams fr cmputer systems analysts, r knwledge f and/r experience in specific financial mdeling tls fr financial analysts, etc.) Salaries f emplyees are adjusted n an annual peridic basis, based upn perfrmance reviews cst f living adjustments ther. Please nte that the emplyer applies the same methdlgy t all US and E-3 emplyees in this classificatin when determining the actual wage, based upn the abve referenced criterin. Name f Department Administratr Signature Date 6

7 Wage Rate Memrandum/Benefits Summary Please cmplete this frm, then print ut and attach apprpriate signatures MEMORANDUM TO: Internatinal Student and Schlar Services This is t cnfirm that as f (requested start date f H-1B), (name f E-3 Applicant) will be paid $ (salary) per year fr his/her service in the psitin f (psitin title). In additin, there is n differentiatin between the emplyment benefits ffered t E-3 prfessinals and ther similarly-situated full-time emplyees, including, but nt limited t, health insurance plans, lng term/disability insurance ptins, pensin plans, tuitin remissin eligibility, dmestic partner benefits and FMLA/Leave f Absence Eligibility. Name f Department Chair/Directr: Signature: Date: 7

8 DECLARATION OF THE DEPARTMENT Name f Hiring Department Name f the E-3 Applicant The Department Chair and the Supervisr f this E-3 applicant agree t cmply with the fllwing regulatins during the E-3 applicatin prcess and during the emplyment f the E-3 applicant. The department will cmply with the fllwing regulatins during the E-3 applicatin prcess and during the emplyment f the abve-named freign natinal under the terms f the E-3 status. The hiring department understands and accepts that: Hiring this freign natinal will nt adversely affect the wrking cnditins f ther wrkers emplyed by the department. Additinally there is n strike, lckut, r ther labr disputes in the ccupatin Department agrees t pay required wage Department has allcated funds t cver the salary f the emplyee fr the duratin f his/her emplyment under the terms f this petitin. The emplyee is eligible fr all benefits available t ther similarly situated emplyees. Fr the duratin f this status, Department will nt place the emplyee in an unpaid status, unless ISSS determines that the situatin is cnsistent with U.S. immigratin law. Department agrees t ntify the ISSS in advance if the terms f the emplyment will change IN ANY WAY during the validity perid f this E-3 petitin s an amended petitin can be filed with USCIS. Department agrees t pay the reasnable csts f the freign natinal s return trip t his/her hme cuntry shuld department terminate his/her emplyment befre the expiratin f the emplyment apprved by USCIS. Department authrizes the ISSS t sign the fficial DOL and USCIS paperwrk required fr this petitin. There are time restrictins under which ISSS perates. Delays are expected during seasnal peaks r, at any time, due t unfreseen delays at the state r federal DOL r with USCIS. By submitting this applicatin t ISSS, the department acknwledges the pssibility f delays and accepts the impact delays may have n the applicatin r applicant. Name f Dept Chair Name f Supervisr Signature Signature Date It is extremely imprtant that the department nt misrepresent any fact r situatinal develpment. In the event that Temple University is audited by the DOL, USCIS r ther lcal, state, r federal agency, ISSS is nt respnsible fr any misinfrmatin prvided by the hiring department. 8

9 T Be Cmpleted By The E-3 Applicant: ISSS needs ALL the infrmatin fr cmpletin f the I-129 Petitin fr Alien Wrker. If yu leave questins blank, yu will delay the submissin f yur E-3 petitin. Family Name (Last Name): Given Name (First Name): TU ID# (if applicable): Full Middle Name: All Other Names Used: Date f Birth (mm/dd/yyyy): Gender: Female Male U.S. Scial Security #: A Number (if any): A- Cuntry f Birth: Prvince f Birth: Cuntry f Citizenship: Which immigratin status d yu nw hld?: ne, Outside the US E-3 Status F-1 Status n OPT J-1 Exchange Visitr Status H-1B Temprary Wrker Status Other If yu are in the US, will yu travel utside the US within the next six mnths? If yes, please list tentative plans fr travel: I-94 #: SEVIS #: EAD #: Date f Last Arrival: Date Status Expires r D/S: Passprt Number: Date Passprt Issued: Date Passprt Expires: Current U.S. Address: Address: Yur Freign Address: US Phne #: Phne # Abrad: Will Any Dependents Be Included With This Petitin? (Only include dependents that are inside the US) Highest Degree Received: Degree is in what field f study?: Which US Embassy shuld ISSS list n Frm I-129 (REQUIRED IF YOU DO NOT WANT TO TRAVEL): Yur Current Occupatin and Years f Experience: 9

10 E-3 Emplyment Start Date: Please check the ptin belw which best describes yur situatin: I am currently utside the US. I knw I must wait fr ISSS t mail me the riginal Labr Cnditin Applicatin (LCA) certified by the US Department f Labr and that I will need t schedule an appintment at a US Cnsulate t apply fr an E-3 visa stamp. Upn entry int the US, I must meet with ISSS within 3 days f my arrival int the US. I am currently in a nnimmigrant status ther than E-3. I am aware that I must receive an apprval ntice frm USCIS befre I can begin E-3 emplyment at Temple University/TUHS. I am currently wrking at Temple University in E-3 status and I need an extensin f my E-3 wrk authrizatin as I will nt travel utside the US. I am currently wrking at Temple University in E-3 status and I need an amendment f my E-3 wrk authrizatin as my jb duties/respnsibilities will change. I am currently in the US hlding E-3 status and wrking fr an emplyer ther than TU/TUHS. I understand that I shuld nt resign frm my current psitin until HR ntifies my department that I may begin wrking at TU/TUHS as ISSS has received the E-3 Apprval tice frm USCIS. If nne f the abve applies t yu, please explain yur situatin belw: Dependents utside the US: All dependents wh plan t enter the US in E-3 Dependent status must apply fr an E-34 visa stamp at a US Cnsulate utside the US. Please visit the Cnsulate s website at fr items needed t apply fr the E-3 visa. D nt cmplete a Frm I-539 fr Dependents wh are nt currently hlding a nn-immigrant status (i.e. E-3, H-4, J-2, F-2) in the US. Dependents hlding E-3 status r anther nn-immigrant status in the US ( J-2, F-2, H-4): All dependents f the applicant wh are already in the US and need t extend E-3 status r change status t E-3 must cmplete and sign a Frm I-539 available nline at The fee fr Frm I-539 is $290, regardless f the number f applicants. If mre than ne Dependent f the E-3 applicant is applying fr E-3 status, the eldest dependent (usually the spuse) shuld cmplete and sign the applicatin and the additinal dependents shuld be listed n Supplement-1. If all Dependents applying fr E-3 status are minrs (under the age f 18 years), the ldest child shuld sign the I-539 in Part 5 if s/he is 14 years ld r lder. If the dependent filing the frm is yunger than 14 years ld, the applicant shuld sign Part 5 AND Part 6, Signature f persn preparing frm, if ther than abve, indicating Parent f Minr. Dependent family members in E-3 status may apply fr wrk permissin thrugh USCIS; they may study full r part time. Children wh are 21 years f age and lder are NOT eligible fr E-3 status. 10

11 CERTIFICATE OF AUTHENTICITY OF ATTACHED DOCUMENTS By submitting this applicatin, yu declare that all cpies f dcuments submitted t ISSS are exact phtcpies f unaltered riginal dcuments and that yu understand that yu may be required t present the riginal dcuments during any subsequent cntacts with the U.S. Citizenship and Immigratin Services r the Cnsular Service. Name f E-3 Applicant: Date: Signature List all prir perids f stay in ALL NON-IMMIGRANT CLASSIFICATIONS. Visa Status Status Begin Date Status End Date Cmments 1. Check the answer belw that best describes yur situatin: I have never held H-1B status I held H-1B status frm the fllwing dates: t 2. Have yu ever been denied an H-1B befre? 3. Are yu in exclusin r deprtatin prceedings? 4. Check the answer belw that best describes yur situatin: I have never held J-1 Exchange Visitr (EV) status I held J-1 EV status and I have never been subject I held J-1 EV status and I received a waiver [prvide cpy f Frm I-612] I held J-1 EV status and I returned t my cuntry f permanent residence fr 2 years upn cmpletin f my J prgram [yu will need t dcument this] 5. Have yu applied fr a green card? If yes, n which basis: Emplyment-based, Temple-Spnsred Emplyment-based, Self-Spnsred Family-based DV Lttery Asylum Other Submit cpies f PERM Apprval, I-140 and I-485 Receipt/Apprval tices 6. D yu have any nn-temple E-3 petitins pending with USCIS? If yes, what is the name f the emplyer? Please submit a cpy f Frm I-129 and the LCA. 11