Application for H-1B Status

Application for H-1B Status Introduction to H-1B Status The H-1B non-immigrant category is used for temporary work in a specialty occupation. A specialty occupation is an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor s or higher degree in the specialty (or its equivalent) as a minimum for entry into the occupation in the U.S 1. The International Affairs Office (IAO) processes H-1B petitions for all individuals at the Columbia University Medical Center campus who are paid by Columbia University. University policy does not permit the filing of such petitions by outside attorneys. As such, the signatories accepted by the U.S. Citizenship & Immigration Service (USCIS) and the Department of Labor (DOL) for the H-1B petition have been restricted. If an attorney has already been retained for such a petition, the IAO must be notified immediately. An approved H-1B petition permits employment only for the employer who filed the petition. However, an individual can hold more than one H-1B simultaneously from different employers. The foreign worker can hold the H-1B for a total of six years, in increments of three years or less. The H-1B is valid only as long as the individual remains employed by the petitioning employer. Therefore, if the employment ends prior to the end date of the H-1B status, the H-1B is no longer valid. MINIMUM REQUIREMENTS FOR COLUMBIA UNIVERSITY MEDICAL CENTER SPONSORSHIP In order to be sponsored for the H-1B the proposed employment must meet the following requirements: The Position: Officer of Research or Instruction positions paid in full by Columbia University except for Post Doctoral Research Fellow or Post Doctoral Clinical Fellow positions. Postdoctoral Research Fellows will be considered for J-1 rather than H-1B sponsorship. Postdoctoral Clinical Fellows cannot be sponsored for H-1B, however, an alternative position of Assistant in Clinical, full time and Postdoctoral Clinical Fellow, part time would be acceptable. For clinical positions, see additional requirements on Page 2. Support Staff positions of Level IV or higher. Non-academic appointments, such as an administrative position will be reviewed for H-1B eligibility by the IAO. The Salary: The H-1B holder must be paid by Columbia University and meet the required wage rate pursuant to the Labor Condition Application (LCA). The LCA requires that departments certify that the salary being paid to the H-1B applicant is the higher of the prevailing or actual wage. 1 Section 214(i)(1) of the Immigration & Nationality Act

Page 2 The prevailing wage is the average of the rate of wages paid to workers similarly employed in the geographic area of intended employment. Similarly employed means having substantially comparable jobs in the occupational classification in the area of intended employment. The actual wage is the wage paid by the employer to all others in the department with qualifications and experience similar to the H-1B worker for the specific employment in question at the place of employment. Support Staff positions automatically meet the prevailing wage requirements as it is stipulated by the Collective Bargaining Agreement under the union contract. CLINICAL APPOINTMENTS An H-1B can be sponsored for a position that includes clinical research and/or direct patient care. In addition to the usual supporting H-1B documents, applicants must have the following: 1. ALL THREE PARTS of the USMLE (United States Medical Licensing Exam). 2. Competency in written or oral English as evidenced by passage of the English language proficiency test given by ECFMG (Educational Commission for Foreign Medical Graduates). 3. Full and unrestricted license to practice medicine in a foreign state or have graduated from a medical school in a foreign country; and 4. Have a license or other authorization required by the state in which the Foreign Medical Graduate (FMG) will practice or receive graduate medical education or training. CHANGES IN EMPLOYMENT A change in salary, title and/or department of a current H-1B holder must be approved by the IAO prior to any change in employment. The IAO must determine whether the change meets the requirements of the H-1B and whether the original H-1B petition needs to be amended. In some cases an individual may not begin the new position until an amendment is filed and approved by the USCIS. TAXES The staff of the International Affairs Office is not qualified nor permitted to answer individual questions from international scholars regarding their tax liabilities. See the International Student & Scholars Office (ISSO) website at http://www.columbia.edu/cu/isso/tax/ for helpful tax information.

Page 3 H-1B TRAVEL REGULATIONS If you wish to travel outside the U.S. and re-enter during your approved appointment period, you should be sure to have the following items with you when enter the US: 1. A valid passport. 2. A valid H-1B visa stamp in your passport (unless you are a Canadian citizen). If you do not have an H-1B visa stamp in your passport, you must obtain a visa at a US consulate in the country you are visiting (see instructions below). If you are traveling to Mexico or Canada for less than 30 days and will not apply for a visa stamp, Automatic Revalidation will apply and you do not need to have a valid visa stamp in your passport to re-enter the U.S. Exceptions for automatic revalidation pertain to citizens and nationals of Syria, Iraq, Iran, Sudan, North Korea and Libya. See IAO staff for additional information. 3. The original Form I-797 Permanent Record which shows your H-1B approval for Columbia University. If you do not have it please request it from the IAO. 4. A letter from your department which confirms your title, salary and employment dates. It is also suggested that you carry three recent pay stubs. 5. Have your I-94 card with you when you leave. The I-94 card will be taken from you upon departure from the U. S. and you will receive a new one upon your return. 6. Have your Labor Condition Application. Normally you are not asked for this but bring it in case an immigration officer requests it. The Labor Condition Application was given to you when you received the approval notice. If you do not have a valid H-1B visa in your passport (and you are not a Canadian citizen), you will need to go to a U.S. Consulate abroad to get the visa stamp in your passport. You should carry items 1, 3, 4 & 6 above. Before leaving the U.S., we highly recommend that you contact the U.S. Consulate abroad for their visa application procedures. See http://travel.state.gov/visa/questions_embassy.html Every U.S. Consulate operates independently and their procedures, hours, and documents required, may vary significantly. There are a number of factors that may contribute to delays in having a visa issued to work in the United States. Heightened security measures instituted since September 11, 2001 can result in delays in visa issuance abroad. Security clearances may be required of a visa applicant for a number of reasons: a hit during a name-check; being a national of certain countries; studying or researching an academic field on the Technology Alert List (TAL); or based on the intuition of the interviewing officer. If you are traveling with your H-4 dependents, make sure that you carry all items listed above, and that your H-4 dependents have a valid passport with a valid H-4 visa stamp for re-entry. If they will be traveling alone, in addition to their H-4 documents, they should carry a recent employment letter from your department, a photocopy of your Form I- 797 H-1B Approval Notice and a copy of your I-94 card front and back.

Page 4 Application Requirements: The H-1B applicant, or the department, must submit the following supporting documentation for the IAO to submit a complete application to the Dept. of Homeland Security. Please sign all documents in blue ink. 1. Complete the attached data sheet. Do not provide any extra copies! 2. If you have dependents that are in the U.S. and are also applying for a change of status or extension, the dependent(s) must complete Form I-539 (not the H-1B applicant) to change their status to H-4 or extend their stay. Be sure to use a mailing address where you will be at the time this is approved. The I-539 is accessible at www.uscis.gov. Please note: You do not file this form via the Internet--you will have to print out the form and attach it to this application along with two copies. 3. If filing the I-539 for dependents, please submit three copies of marriage certificate for spouse and/or three copies of birth certificate(s) for any children. 4. Include a letter from your sponsor plus two copies of the letter. (See attached sample letter) 5. Signed Certification Regarding the Release of Controlled Technology or Technical Data. Must be signed by P.I. 6. Include three copies of your C.V. (including a list of publications, if applicable). 7. Self-certify copies of documents by signing the Certification of Documents in blue ink. Include two extra copies. 8. a. Include three copies your diploma (highest degree only). b. Include three copies of the official translation of your diploma, if necessary. An official translator must certify translations. Notarization by a Notary Public is not acceptable certification for a translation. Columbia University has a student run Translation Agency at the Center for Career Service. The telephone number is (212) 854-4888 or 4536 or your can email at cutta.edu. c. Include three copies of an evaluation of your degree s equivalency to a U.S. degree, if necessary. If you have a degree from a non-u.s. accredited institution, you should have your degree evaluated to determine its equivalency to a U.S. degree. For MD or PhD degrees, it is usually acceptable to have a faculty member at Columbia, other than your sponsor, write a letter verifying that to the best of their knowledge your degree is equal to a U.S. degree (see attached sample). However, USCIS may still request a formal evaluation, thus lengthening the period before the H-1B is approved. We require a formal evaluation for degrees below the doctoral level. The IAO recommends Educational Assessment at 1-877- 725-1753; however, other agencies may also be acceptable. d. If this is a position that will involve patient care, see Page 2 for additional requirements. 9. Include three copies of all previous DS-2019 forms (front only) for J-1 and J2 dependents, if applicable or all I-20 forms for F-1 and F-2 dependents, if applicable (and Employment Authorization Card, if applicable) or all I-797 Approval Notices for H-1B and H-4 dependents, if applicable. Also, if this is a change of status from J-1 to H-1B, please attach three copies of your waiver of the two-year-home-residency requirement, if applicable. 10. Attach three copies of your I-94 card in your passport (both sides), and those of dependents if applicable. Please copy both sides of the I-94 card on one sheet of paper; be sure the entry stamp is legible. 11. Attach three copies of personal page of passport for you and your dependents, if applicable. 12. If you already hold H-1B status, please attach evidence that you have been continuously employed, such as three copies of 3 recent pay stubs. 13. Attach a check(s) payable to the U.S. Citizenship & Immigration Service. The processing fees are: I-129 petition for H-1B status: $325.00 I-539 petition for H-4 status for dependent(s): $290.00 I-907 Premium Processing: $1,225.00 *Must be a separate check* Anti-Fraud Fee: $500.00 (Must be paid by Columbia University) PLEASE NOTE: ALL FEES MUST BE PAID BY THE DEPARTMENT IF FILING FOR A UNION POSITON 14. Attach a check for $20.00 payable to Columbia University to cover the FedEx charges. If Premium Processing, attach $40.00 for UPS charges. We will also accept a dept s FeEx or UPS account number. 15. Submit the completed application to Bonnie Garner or Kathy McVeigh at the IAO in the Black Bldg., Room 126B. If you have any questions, please call 305-5455.

H1B1, O-1, TN-1 and E-3 DATA SHEET 1. Family Name: Given Name: Middle Name: 2. Male Female 3. Date of Birth (Month/Day/Year): - - 4. Country of Birth: 5. Province of Birth 6. Country of Citizenship: 7. Single Married 8. Passport # Issuance Date: - - Expiration Date: - - 9. Have you been granted this status before? Yes No If yes, give first date of entry in this status or date when you changed to this status. Include all sponsor/employer information: 10. Have you filed an immigrant petition or filed for adjustment of status? Yes No 11. Are you in exclusion/deportation proceedings? Yes No 12. Have you ever been in J-1 or J-2 status? Yes No If yes, please give dates and attach copies of all previous IAP-66 or DS-2019 Forms Are you subject to the 2-yr. home residency requirement? Yes No If yes, attach proof of waiver (if applicable) If in the United States, complete the following: 13. Last Date of Arrival (Month/Day/Year): - - 14. Current I-94 Card #: 15. Current Nonimmigrant Status: 16. Expiration of Status (Month/Day/Year): - - 17. U.S. Home Address: 18. U.S. Home Phone: 19. Your Foreign Address (in your home country): 20. Do you have any plans to travel outside the U.S. during or soon after your application process? IMPORTANT: If you travel while a change of status application is pending at Immigration, you will abandon the change of status. Be sure to consider this when applying. PLEASE NOTE: The next time you travel after your change of status is approved, you will need to obtain an ENTRY VISA in your passport at a U.S. Consulate abroad in order to re-enter the U.S. See page 2 for further details. 21. Will dependent family members be applying for a change of status or an extension of status? Yes No If you are outside the U.S. or will apply for the visa at a consulate abroad, and not for a change of status in the U.S., complete the following: 22. City and Country of consulate where you will apply for the visa 23. Your Foreign Address: 24. Phone and/or Email where you can be reached: 25. CU sponsoring department: 26. Name of Faculty Sponsor: 27. Complete address of Lab/Office at CU where you will work: 28. Additional sites (if any) where you may work other than at the CU campus 29. Tel. ext. of Lab/Office where you will work 30. Your current daytime phone #: 31. Your current Email address: 32. Proposed or expected begin date: - - 33. Official Columbia University title: 34. Exact annual salary:

SAMPLE SUPPORT LETTER for OFFICER LEVEL POSITIONS Date (IF THE H-1B POSITION IS FOR A UNION EMPLOYEE, PLEASE CONTACT THE IAO FOR A SAMPLE UNION LETTER) (Please adhere to the format of this letter. Sample text is for your reference only.) (Please print final copy on Department letterhead) U.S. Department of Homeland Security U.S. Citizenship & Immigration Service California Service Center 24000 Avila Road, 2 nd Floor, Room 2312 Laguna Niguel, CA 92677 Re: H1 Petition of Columbia University/Department of on behalf of Dear Sir or Madam: This letter is submitted in support of the petition of Columbia University/ Department of to classify Dr. a Chinese national, as an H-1 nonimmigrant in a specialty occupation to serve as a (insert title) in (field of science) on a temporary basis. The intended period of employment is three years. THE PETITIONER Columbia University is a world-renowned center of research and education, with a faculty of over 5,000, a supporting staff of over 8,000 and an enrollment of over 25,000 students and research fellows. The Department of has a long history of world leadership in. With respect to export controls, Columbia University has a compliance program in place that is designed to address compliance with applicable export control regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Both the EAR and ITAR include provisions that exclude from export control licensing requirements information that results from or arises during fundamental research, provided that the results of such research ordinarily are published or shared broadly. The EAR and the ITAR also include numerous license exceptions and exemptions under which controlled technical data may be transferred to foreign nationals without specific licenses. For example, the ITAR includes an exemption for the release of controlled technical data to individuals who are full-time regular employees of universities. Similarly, the EAR includes a license exception that authorizes the release of controlled technology to nationals of certain foreign countries upon receipt of an executed written assurance. To the extent that Columbia University determines that the foreign national employee will need access to controlled technical data for which a specific export license is required, Columbia University will comply with all applicable laws and licensing requirements THE POSITION OFFERED Dr. is being offered temporary employment in the position of (insert title), in order to facilitate a major research project on neuropathologic changes in the brains of schizophrenics and other psychiatric patients. Particular attention will be devoted to the presence of Alzheimer's disease in these patients. The largest such study yet attempted, it involves review of the clinical histories and brain specimens from over 1,000 psychiatric patients. Samples of these specimens must be obtained from the appropriate areas of the brain and processed for histological examination. The histological examinations, which are the essence of the neuropathological portion of the project, include a general neuropathological review and a quantitative assessment of the pathological features of the Alzheimer's disease. All of the foregoing procedures require expertise in the field of neuropathology. The quantitative assessments of the pathological features of Alzheimer's disease, in particular, require a familiarity with all of the microscopic appearances of these features, so that they can be quantified in a reproductive manner. While several fully trained neuropathologists are participating in the project, its successful completion will be greatly facilitated by the assistance of someone trained in neuropathology who can devote full attention to the project. This will allow an independent evaluation of all the cases by a single observer. The Research Associate will thus play a crucial role in ensuring the consistency of the quantitative evaluations, which are the heart of the project.

An interesting aspect of the research project will be to compare the results based on conventional Western psychiatric diagnosis to those obtained if the clinical classifications are preformed according to the methodology of Chinese traditional medicine. The preliminary data demonstrate a diverse mixture ofpathological conditions within a single conventional clinical diagnosis, and this has long been an obstacle to the elucidation of the underlying neurologic substrates of psychiatric disorders. It is possible that an alternate system of clinical diagnosis will yield groupings that are more homogeneous from a neuropathological point of view. The (insert title) must thus be an experienced researcher with expertise both in neuropathology and in traditional Chinese medicine and must be able to recognize neuropathological changes under the microscope, to quantify the neuropathological features of Alzheimer's disease, to identify various areas of the brain, to perform histologic procedures, to advise the psychiatrists on the methodology of Chinese traditional medicine, and to study the feasibility of applying traditional Chinese methodology to the clinical review of the cases. THE BENEFICIARY Dr. is ideally positioned to fulfill the functions of the (insert title). She holds a doctorate degree in from. Upon completion of her undergraduate and graduate studies and attainment of the Master's degree in early 1988, Dr. worked first as Chief Doctor for a year and a half in the Department of Neuropathology of Sheyang (China) General Hospital. Since then she has been employed as Chief Doctor at the Division of Acupuncture and Moxibustion of Lianing Traditional Chinese Medical College. At both institutions, in addition to her routine clinical duties Dr. was actively involved in medical research. She has lectured and published extensively in China. Her research projects employed concepts and methodology that will be used in the current project. Her publications include experimental studies on the affects of global ischemia on brain tissue in regard to lipid peroxidation, histopathologic changes, ultrastructural changes, hormones, and growth factors. Dr. was referred to me by a Chinese scholar who participated in a symposium at which Dr. lectured, and who was aware of my need for an assistant for the research project described above. I am in charge of the neuropathological aspects of the project and will be Dr. direct supervisor. I am impressed by Dr. accomplishments and her capabilities for research and neuropathology. In addition to her obvious familiarity with Chinese traditional medicine, Dr. has a keen eye for neuropathology. This is very unusual and alone would qualify her almost uniquely for the position. Her quantitative evaluations of Alzheimer's disease are in excellent agreement with my own. Her experience in clinical neurology enables her quickly to extract evidence of structural neurological disease in complicated psychiatric and medical patient histories. I sincerely hope that the above establishes to your satisfaction Dr. qualifications for the job offered and for an H-1 classification based on her professional accomplishments and her unique abilities to fill my need for a (insert title) on this particular project. TERMS OF EMPLOYMENT Dr. services will be required for a period of three years, at the end of which period the project will be nearing completion. I understand the temporary scope of Dr. employment and have also informed Dr. of this condition. If Dr. is dismissed for any reason before the period of authorized admission, we agree to pay the reasonable costs of return transportation for Dr. to the country of last residence. We also agree to abide by the conditions of the Labor Condition Application. Dr. will be paid a salary of per year. Sincerely, (insert signature block, including name and title)

PRINT ON DEPARTMENT LETTERHEAD Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons In the U.S. There is a new federal requirement that employers certify that they have reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms (ITAR) and have determined whether a license is required from the US Department of Commerce or the US Department of State to allow an employee access to controlled technology. This attestation is REQUIRED for all H-1B petitions and O-1 petitions. Please review the information on US export* controls including, but not limited to, EAR and ITAR at Columbia University s Office of Research Compliance and Training: http://www.columbia.edu/cu/compliance/docs/international_research/keylawsandregulations/index.html The hiring supervisor, principal investigator, Department Chair, or other appropriate University authority responsible for oversight of an employee s work and access to technology, must attest to one of the following two statements in order for the IAO to process the H-1B or O-1 petition. Please understand that a license may be required. Questions should be directed to the Office of Research Compliance and Training or the Office of General Counsel, after a thorough review of the information published on the website. Attestation (check one): I certify that a license is not required from either the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data (as described in EAR and ITAR) to the foreign person, OR I certify that a license is required from either the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data (as described in EAR and ITAR) to the foreign person and I will prevent access to the controlled technology or technical data to the foreign person until the required license or other authorization has been obtained. Name of H-1B/O-1 Beneficiary (please print) Name of person signing form (please print) Signature H-1B Beneficiary Title Title Date * Technology and technical data provided to a foreign national within the US is considered an export

CERTIFICATION OF DOCUMENTS Copies of documents submitted are exact photocopies of unaltered original documents. I understand that I may be required to submit original documents to an Immigration or Consular official at a later date. Typed or Printed Name: Signature: Date:

SAMPLE DEGREE EVALUATION LETTER (Please print final copy on Department Letterhead) (date) U.S. Department of Homeland Security U.S. Citizenship & Immigration Service California Service Center 24000 Avila Road, 2 nd Floor, Room 2312 Laguna Niguel, CA 92677 Re: H-1 Petition of Columbia University/ Department of on behalf of Dear Sir or Madam, Dr. is a graduate of the University School of Medicine of and received the degree of Doctor of Medicine. I am writing to inform you that the School of Medicine is a leading medical institution in. In my opinion as a member of the faculty of the Columbia University, the degree Dr. received is equivalent to the education, training and experience of an M.D. degree one would receive from a certified school of medicine in the United States. Sincerely, (name) (title)

International Affairs Office Prevailing Wage Request Form for H-1B Application As an employer of an H-1B nonimmigrant worker, the University is required to pay the prevailing wage for the position. The prevailing wage level is the average salary paid to all persons equally or substantially equally employed. The International Affairs Office (IAO) requests prevailing wage determinations from the State Employment Security Agency (SESA) or the Online Wage Library of the Dept. of Labor (DOL). Once a prevailing wage is received we are required to file a Labor Condition Application (LCA) with the DOL. In addition, we are required to post the LCA for 10 business days in two conspicuous places at the place of employment, or provide a copy to the Union representative if salary paid by CBA. The LCA is the government s way of insuring that the H-1B applicant is being paid an adequate salary for the work done. Instructions: 1. This is the first step of the H-1B application process. This form should be completed with the MINIMUM requirements for the position, NOT with the qualifications of the applicant. Please refer to the University s guidelines for minimum requirements for each title. 2. The title and salary indicated below should refer to the proposed title and salary that the individual will receive as of the date the H-1B is approved. This form must be completed by the departmental administrator NOT the H-1B applicant! 1. Name of Applicant: 2. Proposed Title of Applicant: 3. Proposed Salary of Applicant: per (year or hour) 4. Proposed start date: Proposed end date (up to 3 years): 5. Will the person supervise others? If yes, # of subordinates: Titles of subordinates: 6. Is this position supervised? yes no 7. Is this a full-time position? Yes No - Hours per week 8. Name of Sponsoring Principle Investigator/Supervisor: Tel. Ext. 9. Title of Sponsoring Principle Investigator/Supervisor: 10. Minimum degree required for position: Applicant s highest degree: Applicant s Major/Primary Field of Study: 11. Minimum experience required beyond degree*: years months *This is NOT the years of experience of the applicant! Please indicate the minimum years you would require for this position for a new hire. For example, postdoctoral positions usually require 0-3 years beyond the Ph.D. 12. Special skills or other requirements: 13. Is a license required for the position? 14. Location(s) where applicant will work. Please provide building name & address: (Important: include any off-site locations). 15. Please provide a brief description of Job Duties. The description should not be too technical but should explain the primary responsibilities of the position: (PLEASE PRINT OR TYPE) 16. TWO Posting locations: (suggested locations are near lab and department) YOU MUST PROVIDE BLDG. NAME & ROOM # S) (1) (2) 17. Name of Dept l. Admin. Completing this form (print): Tel. Ext. Email

SAMPLE ACTUAL WAGE MEMO FOR H-1B APPLICATIONS This memo must be prepared by the hiring department not the applicant or hiring faculty. **PLEASE ATTACH A POST-IT NOTE ON MEMO WITH H-1B APPLICANT S NAME** DO NOT INCLUDE APPLICANT S NAME IN MEMO Date Name of Person Preparing Memo: Department of Person Preparing Memo: Signature of Person Preparing Memo: Per annum salaries of all [Title] in the Department of X, Division of Y: (do not include H-1B applicant) These salaries fall within University guidelines: Actual Wage Hire Date Degree/Date Received A. $25,000 B. $45,000 C. $30,000 D. $55,000 E. $28,000 Include a paragraph here that explains why the salaries listed above vary. Explanations should be specific to the individual s listed above, i.e. explain why B & D s salaries are higher. Valid reasons include but are not limited to: Experience: type, length, depth and breadth of experience. Education: degree level, relevancy of thesis, reputation of University attended. Qualifications: specific skills or training Job Responsibility and Function: supervisory role, tasks. Specialized Knowledge: a specialized research field Other: professional distinctions, i.e. receipt of an international prize. Please note: If there are no other individuals in the department with the same title as the H-1B applicant, please write a short memo to that effect and indicate that the salary falls within University guidelines. The following certifying statement must be included in either memo: I hereby certify that if there is a substantial change in the H-1B s job description, salary or title, or termination in the H- 1B s employment, that I will contact the Immigration Affairs Office (IAO) so that the appropriate notification to INS can be filed as required by law. I understand that if I do not notify the IAO the University and my department may be fined by the federal government and the University s right to hire employees in the H-1B category may be revoked.