HIRING H-1B NONIMMIGRANT EMPLOYEES AT TEMPLE UNIVERSITY

ISSS Contact Information 1-7708 www.temple.edu/isss Martyn J. Miller, Ph.D., Interim Assistant VP, International Affairs mjmiller@temple.edu; 1-4682 - O-1 Workers Joan McGinley, Interim Director joanw@temple.edu 1-1272 Answers immigration questions if Primary is not available Sharon Loughran, Immigration Services Specialist sharonl@temple.edu 1-3805: J-1 Scholars, J-1 Student Interns, H-1B Employees, TN Temporary Workers and E-3 Australian Specialty Workers Takiko Goldschneider, Immigration Services Specialist (Students) takikog@temple.edu 1-3804 - F-1 Students Jamie Graver, Immigration Services Assistant (Students) jamie.graver@temple.edu 1-3442 - F-1 Students

US Government Agencies to Know U.S. Department of Homeland Security (DHS): DHS combined 22 different federal departments and agencies into a unified, integrated cabinet agency in 2002 www.dhs.gov/ US Citizenship and Immigration Service (USCIS): Branch of the U.S. Department of Homeland Security which has authority over all aliens in the United States, including international scholars and employees in J and H-1B visa status www.uscis.gov US Department of Labor (DOL): Government Agency that has authority over Labor Condition Application (LCA) needed for H-1B Petition www.dol.gov US Customs and Border Protection (CBP): Branch of the U.S. Department of Homeland Security responsible for admitting internationals into the US www.cbp.gov US Immigration and Customs Enforcement (ICE): Enforces federal laws governing border control, customs, trade and immigration to promote homeland security and public safety; oversees SEVIS, the software system used for F and J students/scholars https://www.ice.gov/ US Department of State – Authority over issuances of all US non-immigrant and immigrant visas http://travel.state.gov/content/visas/english.html

H-1B Temporary Employees 1. ISSS may take up to 45 Business days to complete the processing of this petition so the hiring department should submit a complete application to ISSS no later than 3 moths prior to the requested H-1B start date 2. The H-1B category is available to any person in a “specialty occupation,” that is, a position “which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent in the specialty occupation as a minimum requirement.” 3. The H-1B employee must meet the minimum qualifications for the position, including experience, degree, any license or certificate, and any special requirements, at the time of filing the H-1B petition. 4. ISSS does not process H-1B petitions for Part-Time Faculty Positions 5. Missing Information will cause delays in the processing of the H-1B petition 6. Submission of a petition to USCIS does not guarantee approval of the petition 7. The Department must notify ISSS at least 30 days in advance of ANY changes in the H-1B applicant's employment so that ISSS can determine if notification to the proper government agency is required.

www.temple.edu/isss/international/temporary-employees.html H-1B Posting Notices Estimated Start Times for H-1B Applicants Departmental Guide for Sponsoring an H-1B Temporary Employee H-1B Application Process Items Needed For H-1B Application Checks Needed for H-1B Application Premium Processing Required Wage Requirement Actual Wage / Wage Rate Memo Academic Credentialing 240-day rule: eligibility to continue employment while extension is pending Applying for a Social Security Number Life and Customs in the US Change of Address Requirement Controlled Technology Information H-1B Concept of Dual Intent H-1B Portability H-1B to Permanent Residence: Travel & Employment Recapturing Time Spent Outside the US Special H-1B status beyond six years End of Employment Issues  H-4 Dependents H-4 Employment Eligibility FAQ Concerning H-1B Status Tax Information Differences between H-1 and J-1 Status Leaving Temple University: Important Immigration and Tax Issues

Application Process for Employment in H-1B Status Please ensure that all required materials are submitted at one time. Missing information will cause unnecessary delays in processing of H petitions. Please review Estimated Processing Times when choosing a Requested Start Date ISSS can request up to 3 years on each H-1B petition. To avoid cost for return transportation, only request dates for which you have funding. The End Date for Postdoctoral Fellow Research Associates must match the appointment/contract letter.

Items Needed for a Complete H-1B Application Should Be Uploaded into ISD. Make certain that all copies are LEGIBLE and are able to be accessed through ISD From Hiring Department: Required Checks Controlled Technology Form (Emailed to sharonl@temple.edu) Job Description Actual Wage Documentation TU Appointment/Offer Letter signed by appropriate TU Official (Post Doc Office will send ISSS the approved version of department's Post Doc letter)

H-1B Processing Fees Departments are required to pay mandatory processing fees associated with H- 1B employment: $500 “anti-fraud” fee is required for anyone who has not had H work authorization for TU $325 ($460 after 12/23/16) processing fee is required for every H-1B Petition If expedited processing is required for Business Purposes, Dept must pay the US$1,225 premium processing fee; if expediting is due to personal reasons like travel, H-1B can be asked to pay the premium processing fee. $1225 is IN ADDITION TO the $325 regular processing fee. Hiring departments may also choose, but are not required, to pay the current $290 ($370 after 12/23/16) fee for applications of dependents of employees in H-1B status  

Just a Suggestion: Departments who routinely file H-1B petitions might wish to consider keeping extra checks ($325/$460, $500 and $1225) on hand in case you need them. Temple University checks are valid for 180 days

Items Needed From H-1B Applicant : Copies of Valid Passport (photo page, US visa & entry stamps, renewal pages) Copy of most recent I-94 if inside the US Certificate of Authenticity of Attached Documents Current CV Copies of 3 most recent paychecks to establish current employment in the US ONLY English-language translations of all diplomas English-language transcripts for all degrees Academic Credentials Evaluation Copies of all I-20 / DS-2019 Forms and EAD cards For applicants who hold or have ever held J status, one of the following: Proof that the J-1 Two Year Home Residency Requirement was Fulfilled By Spending 2 Years in Country of Residence OR An Advisory Opinion issued from the US Department of State in the past six months declaring that H-1B Applicant is not subject OR Waiver Recommendation from US Dept of State AND Form I-612 from USCIS Copies of USCIS Receipt/Approval Notices ( I-140, I-485, I-539, etc) Copy of any license needed for this position

Items Needed for Dependents Already In the US: Check for $290 ($370) [payable to USCIS] regardless of # of dependents     Original Form I-539 Signed In Blue Ink (completed and signed by dependent, not H-1B) Copy of Marriage Certificate / Copy of Birth Certificates for Children   Copies of dependents’ immigration documents Dependents outside the US: All dependents who plan to enter the US in H-4 status must apply for an  H-4 visa stamp at a US Consulate outside the US.  Do not complete a Form I-539 for Dependents who are not currently holding a non-immigrant status (i.e.H-4, J-2, F-2) in the US.   Dependents holding H-4 status or another non-immigrant status in US:  All dependents of the applicant who are already in the US and need to extend H-4 status or change status to H4 must complete and sign an I-539

Items Needed For H-1B Extension Petitions: Copies of any New Immigration Documents Copy of most recent I-94 Certificate of Authenticity of Attached Documents Current CV Copies of 3 most recent paychecks to establish current employment in the US ONLY Copies of USCIS Receipt/Approval Notices ( I-140, I-485, I-539, etc) Copy of any license needed for this position Copies of EAD documents based on Green Card Application Copy of PERM if TU-Sponsored for Green Card

Department invites H-1B applicant through ISD Department completes a Controlled Tech Form and emails it to sharonl@temple.edu; ISSS sends it to University Counsel and awaits decision H-1B applicant enters required data and upload required documents into the Visitor site, then submits record to TU Department Department adds required information on Appointment, Site of Activity and Funding screens and uploads required documents Department submits H-1B applicant's record to ISSS via the "Tasks" tab in ISD Department mails or drops off necessary checks to ISSS Upon determination that the salary meets US DOL regulations, ISSS begins LCA / DOL Posting Notice process. LCA certification takes a minimum of 7 days.

Once University Counsel notifies ISSS that no Deemed Export License is required, the LCA has been certified by DOL, and ISSS has a complete application,  ISSS begins processing the I-129 and supporting letter for the H-1B petition. This step of the process may take several business days. When process is complete, the H-1B petition is compiled, checks are attached and the petition is submitted to USCIS via UPS. If petition is being premium processed, we expect a response from the USCIS within 15 days of USCIS’ receipt of petition. The response can be an approval notice, a request for further evidence, or an intent to deny the petition. When the application process is complete, the H-1B petition is compiled, checks are attached and the petition is submitted to USCIS via UPS. If petition is being premium processed (optional process for an additional $1225 above the required $325/$460 [all petitions] and $500 [initial and transfer petitions only] fees), we expect a response from the USCIS within 15 days of USCIS’ receipt of petition. The response can be an approval notice, a request for further evidence, or an intent to deny the petition. The hiring department, Human Resources and the H-1B applicant will be notified via email when ISSS receives the Receipt Notice and Approval Notice from USCIS.

WHEN CAN H-1B EMPLOYMENT BEGIN? H-1B Initial/Consular Processing Petitions (Abroad) – Employment may not begin until ISSS receives the ORIGINAL Approval Notice from USCIS, mails it to H-1B, H-1B schedules a visa interview, receives H-1B visa stamp and enters the US in H-1B status H-1B New, Change of Status Petitions (In the US) – Employment may not begin until ISSS receives the ORIGINAL Approval Notice H-1B Extension Petitions – Employee may continue employment for 240 days while waiting for approval as long as USCIS receives the H-1B petition before the current TU H-1B expiration date and H-1B does not travel outside the US H-1B Transfer Petition - Employee may begin TU employment when USCIS receives H-1B Petition

Time Limits on H-1B Status An H-1B may be authorized for employment for an initial period of up to 3 years, depending upon the offer/appointment letter. Extensions of stay may be requested for up to 3 more years. The maximum total stay in H-1B status is 6 years. This includes all time in H- 1B status, regardless of the employer. ISSS can petition for additional years in H-1B status if the H-1B has a Labor Certification (PERM)/I-140 application pending for at least one year OR if H- 1B has an approved I-140 but is from an oversubscribed country and cannot adjust status. It is CRITICAL that the H-1B files a Green Card Application no later than the beginning of her/his 5th year in H-1B status if you wish to employee H-1B past the 6th year maximum. USCIS determines the length of time they will grant H-1B work authorization. No formal grace period for H-1B status; H-1B may not be in the US if not employed.

H-1B Wage-Related Issues The actual wage is the amount being paid to all other TU employees with similar experience and qualifications for the specific position at the particular laboratory, center or department. The prevailing wage is the rate being paid in the greater Philadelphia area for the same occupation. If employment will take place at more than one site, we must determine the prevailing wage for both locations. The H-1B must be paid the higher rate of the prevailing or actual wage.

H-1B Wage-Related Issues The Department of Labor’s Administrative Review Board holds that an employer must pay the required salary to a terminated worker after the date of termination, until the employer can prove that it notified USCIS of the H-1B’s termination. Your department is required to continue to pay the employee until our office has proof that USCIS has been notified of our intent to withdraw the petition. Departments MUST contact ISSS AS SOON AS THEY KNOW that an H-1B position will end, either through voluntary or involuntary means, as ISSS must withdraw the H-1B petition from USCIS.

H-1B Wage-Related Issues If the employer dismisses the H-1B worker prior to the end of the period of authorized employment, the employer must present a check to the employee equivalent to the reasonable costs of return transportation to the alien's last place of foreign residence. Dismissal for any reason, even for cause, triggers this provision.  INA § 214(c)(5)(A); 8 C.F.R. § 214.2(h)(4)(iii)(E) The hiring department must email the following items to ISSS as soon as the department notifies the employee of termination: 1. Copy of the check that covers return transportation fees 2. Copy of the research documenting how you arrived at the cost of a one- way return ticket to the employee's home country 3. Signed statement from H-1B employee indicating that s/he received the check from the department

The employee should depart the US on the final day of TU employment, unless he or she has secured the H-1B sponsorship of another employer or otherwise changed immigration status as there is no grace period for H-1B Temporary Workers. If the employment relationship terminates, the H-1B nonimmigrant will "fall out of status" and can be removed from the US. Although USCIS has the authority to accept and approve applications for extension of stay or change of status even in such circumstances, that authority is highly discretionary, and is exercised only on a case-by-case basis. www.temple.edu/isss/international/end-employment-issues.html