SOM Faculty Immigration Hiring Process November 2012 Presented by the Office of Faculty Affairs and the Dept. of Human Resources

Electronic Position Approval Non-Clinical Only Assoc. Prof or Prof SOM Faculty Hiring Process HR Adds IHL Contract Med Staff Adds Application Compliance Adds Recruitment Agreement Legal Reviews & Sends To Faculty Legal Receives from Faculty Legal Obtains Dr. Keeton’s Signature Lead Picks Up From Legal Lead Sends PSA to Compliance & Distributes Other Documents As Appropriate Compliance Prints Packet Lead Completes Position Checklist Chair Approval Clinical Support Lead Completes Appt. Info APT Committee Approval EPC Approval Dean Designee Approval Chair Approval Clinical Support Non-Clinical Only Appt Salary/ Move $ Approval EPC Approval Begin Recruiting Candidate Electronic Candidate Approval Non-Clinical Only International Candidate Contact HR- International Services Complete Immigration forms and return to HR Inform HR Business Partner Ensure hire date and sponsorship coincide with appt. approval Electronic Appointment Letter * If candidate is clinical, apply for medical staff licensure as soon as candidate is chosen. Affiliate, Instr. or Asst. Prof.

Section name here On-boarding System  Once the following steps in the Electronic Hiring System have been completed for the international candidate, they can be added to the Faculty On-boarding System in Lawson: – Position approved through the Electronic Hiring Process – Candidate approved through the Electronic Hiring Process – Appointment letter has been routed and completed in the electronic hiring system, signed by the candidate and signed by Dr. Keeton

Section name here Hiring an International Candidate  Before you start working with Human Resources - International Services, ensure that the position has been approved through the electronic faculty hiring process  After position approval and candidate has been recruited, contact Human Resources – International Services and start the candidate approval in the Electronic Faculty Hiring Process  Keep HR International Services, HR Business Partner, and Faculty Affairs informed of status

University of Mississippi Medical Center H-1B Presentation

Section name here What is an H-1B?  Nonimmigrant visa classification assigned to foreign nationals who come to the U.S. for temporary employment  Primary immigration status utilized by individuals working in professional-level jobs in the U.S.

Section name here General Requirements  Employer must agree to “sponsor” an individual for H-1B employment  The job must : be in a “specialty” (professional-level) occupation require a minimum educational level of a bachelor’s degree  The H-1B applicant must possess: at least a U.S. bachelor’s degree in a related field or the foreign equivalent

Section name here Requirements for Physicians  Graduate of a foreign medical school  Passed all three steps of the USMLE  Able to demonstrate competency in written and oral English  Licensed in the state where practicing

Section name here Labor Condition Application ( Employer Attestations)  A certified Labor Condition Application (LCA) must be obtained from the Department of Labor. The employer agrees to adhere to the following attestations: Pay the H-1B worker the higher of the “actual” wage or the “prevailing” wage

Section name here Labor Condition Application (Actual Wage) o Actual wage: “Range” of salaries paid to employees at the worksite with similar duties, education and experience.  Look at salary range of all employees comparable to H-1B  H-1B’s salary should fall within that range

Section name here o Prevailing wage: Average salary paid to employees in geographic region who have similar job duties, education and experience.  Can request from the Department of Labor and have “safe harbor” for institution OR  Can make “in-house” prevailing wage determination using DOL guidelines Labor Condition Application ( Prevailing Wage)

Section name here Labor Condition Application ( Prevailing Wage) NOTE: If the prevailing wage determination is higher than the salary to be paid the H-1B worker, then the H-1B worker’s salary must be increased to that level.

Section name here Labor Condition Application ( Employer Attestations – Cont.) Ensure that the employment of the H-1B worker will not have a negative impact on the working conditions of U.S. workers. Ensure that H-1B workers will not be employed when there is a strike or lockout taking place at the worksite. Post notices to make U.S. workers aware of the H-1B employment.

Section name here H-1B Visa Availability ( H-1B Cap )  H-1B visas are available to businesses and corporations each fiscal year from October 1- Sept. 30  Number of visas during fiscal year capped at 65,000, + additional 20,000 for those who earned Master’s or Ph.D degrees at U.S. universities = 85,000 total

Section name here H-1B Visa Availability (H-1B Cap)  Institutions of higher learning and certain non-profit government organizations exempt from the H-1B cap

Section name here Avenues for Acquiring Initial H-1B Status  Individuals inside the U.S. in another status (J- 1, F-1, etc.): Must change current status to H-1B Sponsoring employer will request a change of status when H-1B petition filed Status change is automatic once petition approved

Section name here Avenues for Acquiring Initial H-1B Status  Individuals outside of U.S. Sponsoring employer in U.S. files H-1B petition Employer receives approval notice from USCIS Employer mails approval notice to H-1B applicant Applicant applies for H-1B visa stamp at nearest U.S. consulate/embassy

Section name here Period of Authorized Stay for H-1B Employees  Maximum period of H-1B employment is 6 years Initial period of employment cannot exceed 3 years At the end of 3 years, H-1B authorization can be extended for up to 3 additional years Due to cost and time involved, best to request a full 3 years of H-1B authorization when possible

Section name here Period of Authorized Stay for H-1B Employees Employee is allowed to work in H-1B status beyond the 6 year maximum after reaching a specific point in the permanent residence process Time spent outside of U.S. not counted toward 6 year maximum stay. Can recoup this time and add to remainder of authorized stay.

Section name here Extensions of H-1B Employment  Extensions of up to 3 years can be requested  Paperwork for extensions is basically the same  Can be filed up to 6 months in advance of the employee’s current expiration date

Section name here Extensions of H-1B Employment  Petitions to extend H-1B employment don’t have to be approved before the H-1B’s authorization expires Must be received by USCIS before current authorization expires in order for H-1B to continue working Up to 240 day interim period of employment granted until extension request approved

Section name here Time Considerations Related to H-1B Petitions  International Services Office must have sufficient time to put together the H-1B package Forms/documentation submitted by the department must be reviewed and prevailing wage determination made One week required to obtain certified Labor Condition Application from DOL USCIS processing time for H-1B petitions averages 3 months and can exceed 4 months during peak periods. Dept. should submit completed forms 5 months in advance of proposed employment date.

Section name here Costs Involved in the H-1B Process  Employer is responsible for paying certain filing fees related to the H-1B petition $325 basic filing fee for initial H-1B petition + additional one-time $500 assessment = $825 total Each time an extension request is filed, the $325 basic filing fee applies

Section name here Costs Involved in the H-1B Process  Expedited processing (Premium Processing) is an option USCIS required to process petition within 15 calendar days Fee for premium processing is $1,225 Fee can usually be paid by either the employer or the H- 1B employee. Exception: Employee not allowed to pay the fee if it would cause his/her salary to fall below the prevailing wage

Section name here Changing H-1B Employers  H-1B status is “employer specific.” Can’t simply transfer to another employer with current H-1B authorization  New employer must: File new petition on behalf of the H-1B transfer Ensure new petition filed before H-1B employee terminates employment with current employer

Section name here Changing H-1B Employers  H-1B Portability Provision Allows someone already in H-1B status to begin working for new employer as soon as new employer gets receipts from USCIS for the newly filed petition (2-3 weeks after filing) New petition still has to be approved by USCIS, and if petition denied for some reason, H-1B must stop working immediately. Some risk involved, but very minimal

Section name here Change in Term/Conditions of H-1B Employment  Important to notify the International Services Office of any changes in an H-1B employee’s salary, job duties, title, etc.  Substantial change in terms/conditions of H-1B employment requires “amended” H-1B petition

Section name here Change in Term/Conditions of H-1B Employment  Examples of substantial change: Large increase in salary as a result of additional duties/responsibilities A promotion to a higher level position with added responsibility

Section name here Change in Term/Conditions of H-1B Employment  Examples of changes that would not be considered substantial: Moderate salary increase due to an overall market adjustment A promotion to a higher level position (Postdoctoral Research Fellow to Instructor) with a moderate increase in salary and no added responsibilities

Section name here Change in Term/Conditions of H-1B Employment If an amended petition is required, it needs to be filed well in advance of the date the changes in terms/conditions of employment take effect

Section name here Termination of H-1B Employment  H-1B employees are not granted a grace period after termination.  Should depart the U.S. immediately upon termination of employment unless arrangements have been made for employment elsewhere  If H-1B employee terminated for any reason before the end of the agreed period of employment (usually 3 years), employer must pay cost of the H-1B ’s return transportation back to the home country.

Section name here Other Important Facts  J-1 exchange visitors subject to the 2-year home residence requirement must obtain a waiver of the home residence requirement before they can change status to H-1B  H-1B nonimmigrants are allowed to work for multiple employers (concurrent H-1B employment) but must be authorized for each employer  The “dual intent” concept applies to H-1B employees. Allowed to work in the U.S. temporarily and also pursue a long-term goal of applying for permanent residence in the U.S.

Section name here Steps in Preparing and Filing an H-1B Petition  Department’s Responsibility Determine candidate’s immigration history and eligibility for H-1B status  If in another nonimmigrant status (J-1, F-1) is there sufficient time to change status to H-1B?  If currently in H-1B status, how much of 6 yr. maximum remaining?  Is candidate subject to the J-1 home residence requirement?  If a physician, has he/she passed all 3 steps of USMLE and licensed?

Section name here Steps in Preparing and Filing an H-1B Petition  Department’s Responsibility (cont.) Access the H-1B forms from the HR Forms Index on the UMC intranet and complete Gather documentation required from both the department and H-1B applicant utilizing the H-1B Petition Checklist Submit completed forms and documentation to ISO If necessary, submit purchase requisitions to Accounting for the H-1B filing fees

Section name here Steps in Preparing and Filing an H-1B Petition  International Services Office Responsibility Ensure all forms completed correctly and all documentation has been submitted Obtain a prevailing wage determination Complete the H-1B petition (Form I-129) Request certified LCA from Dept. of Labor Prepare the H-1B package and submit to USCIS

Section name here Steps in Preparing and Filing an H-1B Petition  Within 2-3 weeks, ISO will receive a notice from USCIS confirming receipt of the petition  After processing is completed, USCIS will mail ISO an H-1B approval notice (Form I-797)  Approval notice will be mailed to applicant if he/she is outside U.S.

Section name here Comparison of H-1B and J-1 Classifications H-1BJ-1 Purpose of Visit Temporary Employment International Exchange Total Processing Time5 months2-3 months Maximum Period of Stay6 years 5 years 2-yr home residence req.Not required Required Employer Filing Fees$825 N/A Work Auth. For dependentsNo Yes Grace period after terminationNo 30 days Dual intentYesNo