Hiring Internationals International Student and Scholar Services April 2017

Internal Factors that Contribute to The Length of Processing Times I am the only person processing paperwork and advising the entire University as well as the Hospital on Employment –Based Immigration Matters Most applications that I receive from Departments are incomplete. Departments need to use CHECKLISTS provided on ISSS website. Position must be approved by HR/President/Dean’s Office/Postdoc Office. Nothing can happen in my office until the applicant has been issued an offer of employment and I have an appointment/offer letter with the appropriate signature Accounts Payable is responsible for issuing checks for H-1B petitions University Counsel reviews and determines whether a Controlled Technology license is required

External Factors That Contribute to The Length of Processing Times Often University Counsel cannot make a determination regarding a Controlled Technology license and therefore sends file to be processed by Outside Counsel US Department of Labor Processing Times US Citizen and Immigration Service Processing Times US Department of State Processing Times, including Security Checks

Please note that Nina Campellone works in the Office of Postdoctoral Affairs in the Graduate School. She is under the supervision of Dr. Zebulon Kendrick. Nina and I do not work in the same office. www.temple.edu/grad/pfo/

Please ensure that all required materials are submitted ISD at one time -checks (if applicable) should be sent separately Missing information will cause unnecessary delays in processing of immigration documents KNOW YOUR DATES! Make sure that they are the dates that you really want. Check with all parties involved: PI/Faculty Mentor/Supervisor, International Applicant, etc

Please note that ISSS does not determine job titles (paid/unpaid) or salaries. We are the final stage in facilitating the appropriate visa classification once the department has determined these factors and a prospective employee has been identified. Departments need to work with their HR Generalist, the Postdoctoral Affairs Office and the Senior Vice Provost for Faculty Development and Faculty Affairs to determine the job title

Scenario… Dr. Yaning Jiang, a faculty member in your department, sends you an email stating that she wants Ms. Yubing Wang to do research in her lab…could you please do the necessary paperwork?

Before contacting ISSS, you need to learn about the position: What Type Of Position Do You Wish To Offer? If It Is A Faculty Position, Is It Tenure Track? NTT? Adjunct? Post-Doc? What Is The Minimum Degree Requirement For The Position? What Is The Minimum Number Of Years Of Experience Required? Is The Position Covered By A Collective Bargaining Unit [TAUP, AFSCME, 1199C/PTEA]? What Kind Of Benefits, If Any, Are Offered? What Is The Expected Date Of Initial Temple Employment in your Department?

Then you need to ask questions about the individual: Is Ms. Wang currently in the US? If Yes, what immigration status does she hold? Does the foreign national plan to travel abroad at any time in the near future? (This will affect both visa timing and procedure) Does Ms. Wang have legal work authorization to work in the US? Does Ms. Wang need TU Sponsorship to obtain work authorization? Is she already employed by Temple University? If so, what is her current job title? What is the Foreign national's country of citizenship? Has the potential employee applied for Permanent Residence (Green card)?

POSITION H-1B E-3 H-4 w / EAD TN O-1 F-1/OPT J-1 J-2   NTT Faculty Y TT Faculty N Adjunct Y ** Visiting Research Scholar/Postgraduate HR-Hired Position Such as Assistant/Associate Scientist, Lab Technician I Y * Y *** Postdoctoral Fellow Postdoctoral Fellow Research Associate Medical/Dental Resident Y **** Student Intern Visiting Research Scholar/Graduate International Collaborative Research Program * Position Must Require Bachelor’s or higher degree ** US Customs and Border Protection/US Consular Officer may wish to see additional personal funding ** Position Must Be Commensurate with degree recently earned and in Field of Study in which degree was awarded **** DS-2019 Must be Issued by the Educational Commission on Foreign Medical Graduates (ECFMG)

J-1 vs H-1B Comparison Chart   J-1 H-1B Short-Term Scholar Research Scholar/Professor Student Intern Minimum Degree Level Required for Position Bachelor’s None Funding source Government, personal, or other source TU-funded ok but not required Must be TU funded Funding must be guaranteed for length of H- 1B requested Employment other than with Inviting Department Authorized “incident to status” only with prior approval of TU ISSS and only at pre- approved site(s) of activity listed on J-1 immigration document (Form DS-2019) Authorized only for approved position, at approved salary level, at approved employer/department Purpose of visit Educational or cultural exchange Internship Employment Minimum Duration N/A 3 weeks Maximum duration 6 months 5 years 12 months 6 years Nature of TU position Temporary academic Not an HR-Hire Not Tenure-Track eligible Ex Titles: Visiting Research Scholar / PG Postdoctoral Fellow Example titles: Visiting Research Scholar / PG Postdoctoral Fellow Long-term or permanent Professional Funding guaranteed for length of H-1B requested Example titles: Assistant Professor, Professor, Associate, Professor, Lab Tech Costs to department At least $460 and $500 for initial request (excluding dependents) Premium Processing (Optional) $1225

Immigration Options for F-1 Students For Continued Employment at TU After Optional Practical Training J-1 Exchange Visitor Status Through Travel Outside the US Temple department would apply for a DS-2019 for the J-1 Applicant between 2 and 3 months prior to the J-1 Program Requested Start Date (this is usually the day after the EAD card expires). The J-1 applicant could not begin working in J-1 status until s/he left the US, obtained a J-1 visa stamp and reentered the US in J-1 status. Please note that the J-1 applicant may be chosen for a Security Clearance check (otherwise known as “Administrative Processing”). This could delay the J-1 visa stamp issuance for 2-8 weeks, and in some rare cases even longer. However, this is almost always faster than applying for a Change of Status in the US. For more details on Security Checks, see www.temple.edu/isss/immigration/SecurityClearancesAdministrativeProcessing.html

Immigration Options for F-1 Students For Continued Employment at TU After Optional Practical Training H-1B Status without Premium Processing The Temple Department can file for an H-1B petition no sooner than 6 months prior to the H-1B Requested Start Date. This is usually the day after the EAD card expires but given the suspension of Premium Processing, it is ideal to request an H-1B start date at least 9 months prior to the EAD expiration date. However, travel outside becomes very tricky. ISSS strongly recommends that the H-1B applicant avoid travel outside the US if possible. If we know that the applicant plans to travel outside the US, we would file the I-129 with Consular Processing; this means that the applicant could not begin working in H-1B status until he left the US, obtained an H-1B visa stamp and reentered the US in H-1B status.

Immigration Options for F-1 Students For Continued Employment at TU After Optional Practical Training Travel while change of status to H-1B is pending A nonimmigrant who travels abroad while an application for change of status to H-1B is pending is considered to have abandoned the change of status portion of the petition. INS memo HQ 70/6.2.9, Tom Cook (June 18, 2001). Only the change of status portion of the H-1B application is affected by travel, though. If the H-1B petition is later approved by USCIS, and the alien is still abroad, he or she can apply for an H-1B visa at a U.S. consulate and then enter the US in H-1B status. If an alien who departed the US while an application for change to H-1B status was pending reenters the US in another nonimmigrant category, s/he is not considered to be in H-1B status even if USCIS subsequently approves the change of status request that was pending at the time of the alien's departure. In that case, the alien would either have to exit the US with the approval notice, obtain an H-1B visa and then reenter in H-1B status, or have the employer file a new Form I-129 requesting a change of status once more. The latter course of action could be difficult, as immigration inspectors may infer preconceived intent on the part of the alien.

Change of Status (COS) to J-1 Exchange Visitor Status Inside the US The J-1 Applicant would submit an I-539 to USCIS with ISSS assistance but note that a nonimmigrant's application for change of status is a personal application to USCIS . S/he could not begin working in J-1 status until USCIS approves the change of status. Be very aware that this can take six months or more and there is NO Premium Processing for a change of status to J-1. This means that if the COS has not been approved by the end date on the EAD card, there is no way to expedite the COS application and you must remove the applicant from Payroll.  The J-1 Applicant is not permitted on Temple’s campus. S/he cannot travel outside the US until the J-1 COS Application is approved as USCIS views travel outside the US as an abandonment of the J-1 COS Application. For more details, visit our website at www.temple.edu/isss/international/cosvtraveljscholars.html

Status while COS is pending Generally, nonimmigrants who have filed a timely application for change of status to a different nonimmigrant status or have filed an application for extension of stay can remain in the US while their application is being adjudicated by USCIS, but only if the person was in valid nonimmigrant status when he or she filed the application, and the person's nonimmigrant status will continue to be valid up until the date that the new status is requested to begin. A change of status application is a personal application of the alien, and can have complex impact on the alien's immigration status and eligibility for future immigration benefits. 

Travel outside the United States while a COS application is pending USCIS considers an application for change of status to be "abandoned" if the applicant exits the US while the application is pending. INS headquarters had issued instructions to its field offices to deny change of status applications if at any time such travel came to the attention of INS. INS memo HQ 70/6.2.9, Tom Cook (June 18, 2001). USCIS may not be aware that an alien departed the US while a change of status application was pending. If the application is subsequently approved, USCIS may argue that the approval is not effective, and that the person remains subject to the terms and conditions of the status in which he or she last entered the US.

Temple University is NOT an E-Verify Employer - this means that Temple does not allow individuals to work here using a STEM OPT Employment Authorization Document as proof of US Work Authorization. This is not an ISSS policy but rather a Temple University Human Resources matter. Department Chairs with questions regarding STEM OPT Employment can speak with Karen Ward in HR for clarification. www.temple.edu/isss/international/STEMOPT.htm

US Permanent Residence - Special Handling Department of Labor (DOL) regulations allow for universities to use a special Labor certification process for Faculty and those who teach called “Special Handling”. Under this method, the recruitment and selection process that must be undertaken and documented by the University is much less onerous. Cases may be processed by the DOL faster than other labor certification applications. To qualify, the University must demonstrate that the scholar performs classroom teaching and that the scholar was more qualified than any of the U.S. workers who were available, able, and willing to do the job after a competitive recruitment process was conducted for the position. Applications filed for college and university teachers under “Special Handling” must be filed within 18 months after a selection is made pursuant to a competitive recruitment and selection process.

Foreign Nationals are not permitted in lab/department until the Department receives written notification from ISSS that the individual is cleared by ISSS

Know when your scholars are expiring Know when your scholars are expiring! Start H-1B extension petitions six months in advance of the Approval notice end date and start extensions J-1 scholar extensions around 4 months in advance of the DS-2019 expiration date

Immigration Services Specialist, ISSS Sharon Loughran Immigration Services Specialist, ISSS sharonl@temple.edu 1-3805 Joan McGinley Interim Director, ISSS Joanw@temple.edu 1-1272 www.temple.edu/isss/