Employee Immigration Services The University of Akron Presented by: Mark Stasitis Talent Development & Human Resources August 21, 2013

Employee Immigration Services at UA 1.Rule defining when sponsorship of a foreign worker is appropriate ( ) 2.Immigration issues for employees (other than J-1 Exchange Visitors) are handled through Employee Immigration Services in TDHR 3.Office of International Programs will continue to handle J-1 Exchange Visitor visas 2

Key Definitions 3 Non-Immigrant Visas H-1B TN O-1 E-3 J-1 Permanent Residency (PR) Immigration (permanent) can be based on employment offer in a permanent position. Most often used for tenure-track faculty. University- Sponsored PERM In some cases, UA must test the market to prove there are no qualified U.S. workers available before application for permanent residency can be filed.

H-1B Visa Category Most common non-immigrant visa at UA “high level of expertise and terminal degrees in the field, or a high level management or technical position” UA BOT Rule – Bachelor’s Degree or higher (or equivalent). Dual intent allowed (can intend also to seek permanent residency). 6 years total 4

Other Non-immigrant Visas E-3 (only for Australians) – 2 year renewals, indefinitely – Spouse and child work permits TN (Canada/Mexico) – NAFTA – Mexican/Canadian citizens – 3 year initial, unlimited extensions of one-year – Professional employees (i.e. accountants, engineers, lawyers, scientists, and teachers) – licensure in the field of study – See Chapter 16 of NAFTA and 8 C.F.R

Which visa is best? 6 Faculty Tenure-Track faculty usually will use H-1B and/or apply for permanent residency. Some will require PERM process. Lecturers and non- tenure track faculty usually will use H-1B, O-1, or J-1 Exchange Visitor Visas. Postdocs Most will use H-1B non-immigrant visas. Staff Most will use H-1B non-immigrant visas. If they desire permanent residency, will likely require PERM process.

PERM 1.PERM is a labor certification process that tests the market for qualified U.S. workers 2.Employment-Based Permanent Residency does not always require PERM (i.e. exceptions for “priority workers” such as “outstanding researchers or professors”, or persons with “extraordinary ability”) 3.TDHR will work with outside legal counsel to determine which petition is best 7

I-140 Immigrant Visa Petitions Three types of Employment Based (EB) Priority Workers 1.EB-1-1 Extraordinary ability aliens 2.EB-1-2 Outstanding professors and researchers 3.EB-1-3 Multinational executives and managers Labor certification not required for any EB-1 Priority Workers EB-2 Advanced degrees Exceptional ability in sciences, arts, business Labor certification usually required 8

Legal Representation in Immigration Matters Ohio law requires that legal services for The University of Akron be performed by attorneys acting under the authority of the Ohio Attorney General, including: 1.The University’s Office of General Counsel; 2.The Office of the Attorney General; or 3.Attorneys that have received appointments as special counsel from the Ohio Attorney General. 9

Legal Representation in Immigration Matters (continued) The Office of General Counsel is the only department that has the authority to retain outside legal counsel to represent the University. This includes retaining counsel to prepare and submit immigration related petitions and applications including: 1.Labor certifications filed with the U.S. Department of Labor 2.All I-140 petitions based on labor certifications 3.All I-140 petitions where the University or one of its colleges, departments or units is the petitioner (e.g. EB-1 outstanding researcher/professor petitions) 4.Any non-immigrant petition (including H-1B petitions) 10

Employee Immigration Services IMPORTANT Once you know successful candidate is a foreign national needing sponsorship, contact Employee Immigration Services immediately. We will begin the process BEFORE the new employee comes on campus. Entire process takes approx. 6 months Can avoid premium process fees ($1,225.00) Comprehensive Immigration Reform Proposals 11

Who to contact Mark Stasitis Director, Labor Relations & Immigration Services Phone: Barb Funk Administrative Assistant, Sr. Phone: Website: