Other Professional Services (OPS)-Payments to Domestic and International Employees Presented by Nina Bates, Business Administrator, Office of the Provost Dana Bleau, Director, International Faculty & Scholars, Global Initiatives

Other Professional Services Compensation (OPS) Objectives:  Definition and purpose  When OPS is applicable  Completing the form  Resources: Reports in UAccess Analytics  How OPS intersects with immigration regulations  Questions

 Definition and Purpose  not part of the normal duties and responsibilities and/or outside home department  Fixed fee/payment  Short period of time (i.e. one semester) Other Professional Services Compensation (OPS)

 Definition and Purpose (cont.)  Work not tied to hours  Does not count toward employee’s maximum Supp Comp Authorized Earnings  Minimal payment  Types of OPS are: Instruction – Credit, Instruction – Non-Credit, Incidental/Project Specific Assignment Other Professional Services Compensation (OPS)

 Examples: Incidental/Project Specific Non-credit coursesCredit courses Guest speaker for workshop Manuscript review for UA Press Short period interim position CESL Executive Education Outreach/Distance Courses Evening MBA Executive MBA Teaching for a semester for other department Other Professional Services Compensation (OPS)

 What to watch for  OPS cannot be paid on sponsored accounts  May not be used for long term duties (i.e. stipend may be used) Other Professional Services Compensation (OPS)

 What to watch for (cont.)  May not be used for compensation for Limited Term Adjuncts (i.e. same duties in the same department – FTE increase). Watch for Affordable Care Act (ACA) and retirement eligibility.  Low FTE and non-benefits eligible employees (ACA and retirement eligibility)  May not be used for compensation paid to foreign nationals (details to follow) Other Professional Services Compensation (OPS)

 Domestic Hypothetical 1  A graduate Academic Advisor in the English department who is at 0.50 FTE is given duties to advise undergraduate students for a semester.

 Domestic Hypothetical 1  How do you pay the advisor?  Temporarily increase FTE – same duties

 Domestic Hypothetical 2  A faculty member in the Geography department who is at 1.0 FTE is working on a final report for a grant for the Institute of the Environment.

 Domestic Hypothetical 2  How do you pay the faculty member?  Supplemental Compensation paid on a grant account or OPS paid on another account.

 Domestic Hypothetical 3  An adjunct lecturer in Educational Psychology working at 0.25 FTE. He has been asked to teach a course in Teaching Teacher Education for a semester.

 Domestic Hypothetical 3  How do you pay the adjunct faculty member?  Increase FTE and split fund Note: Watch for ACA and retirement eligibility.

 Domestic Hypothetical 4  A full time faculty member in Aerospace and Mechanical Engineering is serving as the chair of a committee for an academic year and is being compensated for his service.

 Domestic Hypothetical 4  How do you pay him?  Other stipend processed in UAccess employee.  If it is for a semester? OPS

Policies and Forms  HR website efinitions_faculty_appointed-professionals efinitions_faculty_appointed-professionals  Systems Control website compensation compensation  E-forms

Completing the Form Most information can be found in UAccess Employee – Manager Self Service – Position Cross Reference

Where to look? Reports in Analytics can guide you.

Citizenship Status Dashboard > Employee > Employee Detail > Employee Profile

Historical Compensation Dashboard > Employee > Business Manager Home Page > Supplemental Compensation

Low FTE Non-Benefits Eligible Employees UAccess Analytics > Employee > Business Manager Home Page > SUP Comp History

Self-audit UAccess Analytics > Employee > Workforce > All Active Employees

When, if at all, is it appropriate to use OPS to pay foreign national employees? -Depends on immigration status: -Is activity allowed? -Is work authorization restricted? -Is an Employment Authorization Document (EAD) being used? Guidance memo issued on January 30, 2015: professional-services-ops-payment-international- scholars-faculty-employees Other Professional Services Compensation (OPS)

 J-1 Research Scholars and Professors  Authorized to participate in a pre- approved, specific program.  Not authorized to perform work/activities outside of their regular program.  Details of their program include:  Funding amount  Program activity  Site of activity Other Professional Services Compensation (OPS)

J-1 Research Scholars and Professors (cont.)  Any deviation must be pre-approved by International Faculty & Scholars and entered into SEVIS.  Since J-1 Research Scholars and Professors may not engage in activities outside of their listed program activities, they are not, by definition, eligible for OPS. Other Professional Services Compensation (OPS)

 International Hypothetical 1  J-1 Research Scholar approved to teach English in CESL. Native language is Spanish. Scholar offered a part-time position teaching Spanish in the Spanish Department.  Can Scholar teach Spanish?  Not listed on DS-2019 – cannot teach Spanish.  Amend DS-2019 – may teach Spanish.

 International Hypothetical 1  How do you pay?  OPS payment – No.  Split fund – Yes. Two departments paying one employee for two different services.

 H-1B and O-1 Employees  H-1B employees are only authorized to perform the duties stated in the I-129 petition and LCA. A new LCA and H-1B petition seeking an amendment is required before any changes in duties, salary, hours and/or job location(s), including departments, can be made. O-1 employees have the same restrictions, but for the filing of the LCA.

 H-1B and O-1 Employees (cont.)  H-1B Academic appointment teaching faculty  They may pick up courses in the summer, but only if the same field as listed on the I- 129 and approved by USCIS.  May not pick up courses in a different field, location, etc. until an amendment request is received by USCIS.  Since H-1B and O-1 employees may not engage in work outside of their government approved duties, they are not, by definition, eligible for OPS.

 International Hypothetical 2  H-1B Employee authorized by USCIS to work in Optical Sciences teaching courses on lasers. Native language is French and has been offered temporary summer position to teach in the French department.  Can H-1 B employee teach French?  No. H-1B petition was not approved for teaching French.  Amend H-1B petition. May begin teaching at time USCIS receives petition. This can take up to 3 months.

 International Hypothetical 2  How do you pay?  OPS payment – No. Teaching French was not approved by USCIS.  Split fund – Yes, IF an amended petition was submitted before teaching French.

 International Hypothetical 3  O-1 Alien authorized by USCIS to work in Athletics coaching and recruiting. O-1 would like to teach a Nutrition class in the summer.  Can O-1 employee teach Nutrition?  No. O-1petition was not approved for teaching courses.  Amend O-1petition. May begin teaching once USCIS approves petition. This can take up to 3 months.

 International Hypothetical 3  How do you pay?  OPS payment – No. Teaching was not approved by USCIS.  Split fund – Yes, once O-1 is approved to include new duties.

 International Hypothetical 4  Faculty member has a pending Permanent Residency (PR) petition and an accompanying Employment Authorization Document (EAD).  Can PR employee engage in work outside of their regular assignment?  Yes, if they are using their EAD card. There are no restrictions on the EAD card, but for the validity dates.

 International Hypothetical 4  How do you pay?  OPS payment – Yes, if appropriate.  Split fund – Yes, if appropriate.

 International Hypothetical 5  F-1 Engineering student on OPT lectures in Engineering & Mines. He has been asked to lecture a few times in Electrical Engineering.  Can F-1 student on OPT with an EAD teach in Electrical Engineering?  Yes, because:  1. Student has an EAD card and  2. Electrical Engineering is relevant to his field of study.

 International Hypothetical 5  How do you pay?  OPS payment – Yes, if appropriate.  Split fund – Yes, if appropriate.

 International Hypothetical 6  F-1 Engineering student on OPT lectures in Engineering & Mines. He has been asked to lecture a few times in Music due to his extensive knowledge of native instruments.  Can F-1 student on OPT with an EAD teach in Music?  No, because:  1. Although student has an EAD card  2. Music is not relevant to his field of study.

 International Hypothetical 6 F-1 students using OPT know that they must work only in areas relevant to their area of study. Compliance is the student’s responsibility. Contact International Student Services at for all F-1, OPT, and J-1 Student issues concerning employment using an EAD.

 Office of the Provost  Office of International Faculty and Scholars  Office of International Students Contact Information

Questions?