Employment of International Scholars and Staff at USC: Teaching Faculty and Other Issues Presented by Robert C. Lum, Director, Faculty/Staff Visa Services Office of International Services

Introduction USC employs over 1000 international faculty and staff; USC employs over 1000 international faculty and staff; In order for a foreign national to work in the United States, either temporarily or on a permanent basis, they must be authorized by the United States government; In order for a foreign national to work in the United States, either temporarily or on a permanent basis, they must be authorized by the United States government; USC requires proper documentation demonstrating work authorization by a foreign national in order to employ them. USC requires proper documentation demonstrating work authorization by a foreign national in order to employ them.

U.S. Government Agencies Citizenship and Immigration Service (CIS) Citizenship and Immigration Service (CIS) –controls initial approval of visa requests; Department of State (DOS) Department of State (DOS) –Has jurisdiction over the U.S. Embassies and Consulates; responsible for issuing entry visas; Department of Labor (DOL) Department of Labor (DOL) –Monitors labor-related immigration laws including compliance with prevailing wage requirements, recruitment of U.S. workers, and ensures proper documentation of foreign workers by employers.

Working at USC - Options for International Faculty and Staff Nonimmigrant Work Visas Nonimmigrant Work Visas –Can begin working for USC in a few months; –Temporary in nature; Permanent Residency Permanent Residency –Normally takes years to complete process; –Typically USC will only sponsor tenure-track faculty and long-term faculty/research staff.

Permanent Residency - Introduction USC may sponsor employees for permanent residence (i.e. greencard); USC may sponsor employees for permanent residence (i.e. greencard); Must be offer of permanent employment; Must be offer of permanent employment; Permanent employment in the immigration context does not mean tenured or tenure- track, but instead an offer of employment on a regular basis; Permanent employment in the immigration context does not mean tenured or tenure- track, but instead an offer of employment on a regular basis; USC may withdraw sponsorship at any time. USC may withdraw sponsorship at any time.

Permanent Residency – Government Procedures 1 st step: Labor Certification Application (DOL) 1 st step: Labor Certification Application (DOL) –Determination made whether there are qualified U.S. or permanent resident workers for the position; 2 nd step: Petition for Immigrant Visa (CIS); 2 nd step: Petition for Immigrant Visa (CIS); –Obtain permission from CIS to become permanent resident; 3 rd Step: Adjustment of Status Application (if in the United States) 3 rd Step: Adjustment of Status Application (if in the United States) –Adjust status from nonimmigrant to permanent resident if in the United States; or Consular Processing or Consular Processing –Obtain immigrant visa from U.S. Embassy/Consulate and enter U.S. as permanent resident.

Labor Certification - PERM On March 28, 2005, new regulations became effective overhauling the permanent residency process through labor certification; On March 28, 2005, new regulations became effective overhauling the permanent residency process through labor certification; Labor certification applications supposed to be completed within days; Labor certification applications supposed to be completed within days; Preparation is similar to the old system; however processing is supposed to be faster. Preparation is similar to the old system; however processing is supposed to be faster.

Labor Certification - Special Handling Reserved for faculty who are offered a teaching position at USC; Reserved for faculty who are offered a teaching position at USC; –Teaching must be classroom or clinical; laboratory not eligible Must have been hired pursuant to a competitive selection process: Must have been hired pursuant to a competitive selection process: –National Print Ad (Internet ad insufficient) –Search Committee Report; Application must be filed within 18 months of the date of the offer letter; Application must be filed within 18 months of the date of the offer letter; –Otherwise will need to conduct new recruitment Application is expedited and usually is the easiest to process. Application is expedited and usually is the easiest to process.

Miscellaneous Issues – Special Handling Department only advertises for the position on the web Department only advertises for the position on the web Department selects the candidate without a formal search Department selects the candidate without a formal search The candidate fails to meet the requirements as stated in the ad The candidate fails to meet the requirements as stated in the ad Departments waits until the scholar obtains his H-1B before considering permanent residency; Departments waits until the scholar obtains his H-1B before considering permanent residency; 18 months have already passed 18 months have already passed

Miscellaneous Issues – Special Handling Missed 18 month deadline Missed 18 month deadline –Re-recruit under special handling provisions (national ad, search committee, etc) –Re-recruit under standard PERM provisions (ads in the Sunday daily newspaper, receive resumes, etc.) –Apply based on outstanding professor/researcher category  Only available to certain faculty

Permanent Residency – OIS Procedures Applicant meets with OIS to discuss case; Applicant meets with OIS to discuss case; In case of staff, OIS will confirm with Principal Investigator (PI) offer of permanent employment and explain process, including requirement of offer of permanent employment; In case of staff, OIS will confirm with Principal Investigator (PI) offer of permanent employment and explain process, including requirement of offer of permanent employment; Send out referral letter for signature by PI/Supervisor, Chair and Dean for approval; Send out referral letter for signature by PI/Supervisor, Chair and Dean for approval; Send out application package including questionnaire and checklist of documents or refer to outside counsel for processing; Send out application package including questionnaire and checklist of documents or refer to outside counsel for processing; If additional recruitment is necessary, will work with designated department representative on advertising and other requirements; If additional recruitment is necessary, will work with designated department representative on advertising and other requirements; Will prepare and file application once all materials are received; Will prepare and file application once all materials are received; Total processing can take between 2-3 years currently. Total processing can take between 2-3 years currently.

Other Issues - Administration Departments should track its international scholars and the expiration of their work visas Departments should track its international scholars and the expiration of their work visas –Ultimately individual scholar/staff is responsible; –Payroll notifies international faculty/staff 3 months before expiration; –Departments may want to consider setting up their own tickler system; Department should designate one administrator to work with OIS on immigration matters for its international faculty/staff. Department should designate one administrator to work with OIS on immigration matters for its international faculty/staff.

Other Issues – Visa Retrogression Each country allocated certain number of visas each year for permanent residency. Each country allocated certain number of visas each year for permanent residency. Certain categories and countries oversubscribed. Certain categories and countries oversubscribed. –China, India –Professional workers (programmers, etc.) Other preference categories threatened to backlog Other preference categories threatened to backlog

Other Issues – Visa Retrogression Visa Bulletin (December 2005) All CH IN 1 st C 01JUL01 01FEB03 2 nd C 01FEB0101JUL00 3 rd 15MAR01 01JAN01 01JAN99 1 st = outstanding, 2 nd = advanced degree, 3 rd = professional, other workers (Mexico and the Philippines are not included in these numbers)

Other Issues – Length of Visa Departments should consider petitioning for faculty and staff for longer than a 1 year period for temp. work visa; Departments should consider petitioning for faculty and staff for longer than a 1 year period for temp. work visa; –Department has no obligation to employ foreign national for full H-1B term; –Department’s only liability is payment of return trip home if USC terminates employment; –Saves paperwork for department –No need to revisit wage requirement issues

Other Issues – Travel Abroad Approval of visa status does not necessarily permit entry into U.S. from abroad. Approval of visa status does not necessarily permit entry into U.S. from abroad. Most need to obtain a visa stamp at U.S. Embassy/Consulate Most need to obtain a visa stamp at U.S. Embassy/Consulate Normal processing can range anywhere from same day to several weeks depending on Consulate Normal processing can range anywhere from same day to several weeks depending on Consulate –Information on specific visa processing at U.S. Consulates available at –The State Department provides visa processing times for each consulate at: travel.state.gov/visa/temp/wait/tempvisitors_wait.php Security checks may cause further delay Security checks may cause further delay –Technology Alert List (TAL)/ USCIS just extended security checks: H-1B/2 years –Foreign nationals born in so-called terrorist countries (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) Department/Employee should consult with OIS well before making any firm travel plans outside the United States. Department/Employee should consult with OIS well before making any firm travel plans outside the United States. Travel to Canada/Mexico not recommended Travel to Canada/Mexico not recommended

Form I-94 Arrival/Departure Record (Front)

Form I-94 Arrival/Departure Record (back)

Visa Entry Stamp issued by the U.S. Consulate