Immigration Practice Office of Vice President & General Counsel Angela Adams Associate General Counsel aadams2@iu.edu

What does Immigration Counsel do? Provide easily accessible advice and collaboration on various general and specific immigration issues and University policies Help to standardize policies and procedures for immigration cases Offer training and education within University administration Partner with OIS and OIA to work with international students, scholars, and employees on specific cases Do not advise or assist with personal immigration matters Attorney fees and outside counsel INDIANA UNIVERSITY

Immigration in Higher Education Nonimmigrant Visas H-1B nonimmigrant visas (6-year limit) Extensions possible if meet 365-day Rule or approved I-140 J-1 international exchange visitor visas and waivers F-1 student visas O-1 Extraordinary Ability visa Immigrant Visas EB-2 or EB-3 PERM Labor Certification Standard PERM Special Handling PERM for teaching positions EB-1 Outstanding Professor or Researcher INDIANA UNIVERSITY

Special Handling vs. Standard PERM Three-step Immigration Process Labor Certification (PERM or Special Handling) I-140 Petition for Immigrant Worker I-485 Application for Adjustment of Status to Permanent Residence Special Handling Procedures – Teaching Positions Job descriptions and qualifications Define the position broadly Include only the minimum qualifications acceptable for the position Preferences are considered requirements at the Department of Labor The foreign worker must satisfy the requirements at the time of selection Advertisements and recruitment practices Published in a national professional journal (print or web for 30 days) Must include: Job title Job location Duties Requirements – minimum qualifications One-click Rule / Pointer Ads not recommended Prevailing wage determinations (PWD) Add Standard PERM recruitment slide #7 + 3 step process Add the visa bulletin to a slide #6 INDIANA UNIVERSITY

Special Handling vs. Standard PERM Standard PERM Procedures Prevailing Wage Determination (PWD) Document a good faith effort to test the U.S. labor market and ensure that no U.S. workers are available to fill the foreign worker’s position Re-advertise and recruit for the position 2 Sunday print ads Job order with SWA for 30 days Notice posting in job location In-house media 3 additional forms of recruitment Benefits of Special Handling over Standard PERM Streamlined and relatively fast process Most qualified candidate vs. Minimally qualified U.S. worker Real-world recruitment satisfies the application requirements in most cases INDIANA UNIVERSITY

Next Steps after DOL Certification I-140 Immigrant Petition for Alien Worker Applicant meets qualifications Employer has ability to pay I-485 Application for Adjustment of Status to Permanent Residence When priority date is current INDIANA UNIVERSITY

Examples of Immigration-Related Issues H-1B Prevailing Wage Determination (PWD) issues Special Handling advertising and procedures DACA Student Academic Appointment and residency issues Kelley School of Business Executive Partners Program Response to Department of Homeland Security inquiries Students working without proper authorization META: Mapping Education Towards Achievement Title IX Student Welfare: immigration options for victims INDIANA UNIVERSITY

International Students in the United States 819,644 international students enrolled at U.S. institutions in 2012-2013* International students make up 3.9% of total U.S. enrollment 250,920 new international students enrolled at U.S. institutions in 2012-2013 45% increase from 2007 - 2012 INDIANA UNIVERSITY *Institute of International Education. (2012). "International Student Enrollment Trends, 1949/50-2012/13." Open Doors Report on International Educational Exchange. Retrieved from http://www.iie.org/opendoors.

International Students in the State of Indiana The State of Indiana Ranks 10th for Hosting International Students   State 2011 - 2012 2012 - 2013 % Change 1. CA 102,789 111,379 8.4% 2. NY 82,436 88,250 7.1% 3. TX 61,511 62,923 2.3% 4. MA 41,258 46,486 12.7% 5. IL 35,920 39,132 8.9% 6. PA 33,398 37,280 11.6% 7. FL 32,567 32,746 0.5% 8. OH 26,427 28,401 7.5% 9. MI 25,551 26,930 5.4% 10. IN 22,194 24,408 10.0% INDIANA UNIVERSITY *Institute of International Education. (2013). "Top 25 Institutions Hosting International Students, 2012/13." Open Doors Report on International Educational Exchange. Retrieved from http://www.iie.org/opendoors.

International Students at Indiana University 8,293 international students were enrolled at all campuses in 2013* Trending upward Increased 30.8% from 2009 – 2013 INDIANA UNIVERSITY *Indiana University Office of International Services. (2013). iStart. Retrieved from https://istart.iu.edu/dashboard/index.cfm?graph=studentEnrollmentTrends&isLoaded=yes. **All university-specific data retrieved from iStart online statistics through the Indiana University Office of International Services.

International Student Enrollment, by Campus INDIANA UNIVERSITY

International Students, by Country of Origin INDIANA UNIVERSITY

International Students, by Field of Study INDIANA UNIVERSITY

International Students, by Visa Classification INDIANA UNIVERSITY

International Scholars in the United States 122,059 international scholars in the United States in 2012-2013* The number of international scholars in the U.S. is increasing 15% increase from 2007 – 2012 INDIANA UNIVERSITY *Institute of International Education. (2013). "International Scholar Totals by Place of Origin, 2011/12-2012/13." Open Doors Report on International Educational Exchange. Retrieved from http://www.iie.org/opendoors.

International Scholars at Indiana University 1,223 international scholars combined from all campuses in 2013-2014 Slight decrease from the peak of 1,398 in 2010-2011 National trend shows slight increase in international scholars INDIANA UNIVERSITY

International Scholars, by Campus INDIANA UNIVERSITY

International Scholars, by Country of Origin INDIANA UNIVERSITY

International Scholars, by Specialization INDIANA UNIVERSITY

International Scholars, by Primary Purpose INDIANA UNIVERSITY

International Scholars, by Nonimmigrant Visa INDIANA UNIVERSITY

Number of IU Petitions Filed, 2011-2013 Category 2011 2012 2013 H-1B Nonimmigrant Visa Petitions 195 206 188 PERM Applications 43 41 24 Outstanding Professor/Researcher Petitions 10 16 19 INDIANA UNIVERSITY

Associate General Counsel Questions Angela Adams Associate General Counsel aadams2@iu.edu INDIANA UNIVERSITY