1. International Student Overview Office of international student & scholar services (OISSS) Snyder memorial Room 1000 Phone: (419) 530-4229 Fax: (419) 530-4244 Utoledo.edu/cisp/international February 2015

2. What About Other Visa Types? There are more than just these 3 visas working and studying at UT.

4. Vocabulary & Acronyms Non-Immigrant: An individual who enters the U.S. on a temporary basis. Immigrant: An individual who lives permanently in the U.S. Permanent Resident/Green Card Holder USCIS: United States Citizenship & Immigration Services ICE: Immigration and Customs Enforcement DOL: Department of Labor SEVIS: Student & Exchange Visitor Information System CPT: Curricular Practical Training OPT: Optional Practical Training I-9 Form: Employment Eligibility Verification

5. F-1 Student Employment On-Campus Employment -Allowed if maintaining status. -No more than 20 hours a week. - Students cannot continue on-campus student employment (i.e., GA, TA) after program end date. Off-Campus Employment -Student may apply for off-campus employment under CPT (during program) or OPT (post-completion). -Strict regulations permitting off-campus work.

6. OPT +Cost $380  Student’s Responsibility +Paid or Unpaid +Part-time or Full-time +Can hire OPT STEM Extensions  E-Verify - Application Processing Times  3 months - Length  12 months, possibility of extending to 29 months - No EAD Card? No Work. Benefits & Challenges

7. OPT Cont.  STEM = science, technology, engineering, & mathematics.  USCIS Designated list of degrees.  Additional 17 months of employment.  Must work at an participant company. What is a STEM Extension?

8. U.S. Department of State Exchange Visitor Program “promotes mutual understanding between the people of the U.S. and the people of other countries by educational and cultural exchanges.” J-1 Exchange Visitors Research Scholars (5 year max) Research Scholars (5 year max) Short- Term Scholars (6 month max) Short- Term Scholars (6 month max) Professor s (5 year max) Professor s (5 year max) Students (non-degree & degree seeking) (no time limit) Students (non-degree & degree seeking) (no time limit)

9. J-1 Cont. Gather all relevant information and submit documents to OISSS. Request documents from OISSS, 3- 5 day processing period. Individual applies for J-1 visa. Individual arrives and reports to OISSS Steps & Responsibilities Dept. Transportation Housing Rocket ID Card Research Space OISSS Immigration Documents Check-in & Orientation Cultural Events I-9 paperwork-if requested Rocket Number & UTAD Immigration Questions

10. J-1 Cont. NEW REQUIREMENTS & RESPONSIBILITIES On October 6, 2014 the U.S. Department of State issued a new rule concerning the J-1 Exchange Visitor Program. Effective January 5, 2015, departments must determine the prospective exchange visitors possess “sufficient proficiency in the English language, as determined by an objective measurement of English language proficiency, successfully to participate in his or her program and to function on a day-to-day basis.” [22 CFR 62.11(a)(2)] The new rule requires the sponsoring department to use one of the following objective measurements of English language proficiency by one of the following: A recognized English language test (e.g., TOEFL; IELTS); or Signed documentation from an academic institution or English language school; or A documented interview conducted by the sponsor either in-person or by videoconferencing, or by telephone if videoconferencing is not a viable option.

11. Temporary work visa that allows employment for up to 6 years, and sometimes longer H-1B Visa Specialty Occupations * Dept. of Defense Researcher Fashion Models of distinguished merit and ability * UT only employees H-1B under this category.

12. H-1B Cont. Documents and actual wage info submitted to OISSS. OISSS researches Required Wage Rate. OISSS obtains Dept. of Labor approval to file H-1B. OISSS files H-1B petition with DHS/USCIS. Employee commences work upon either approval or filing of H-1B, or entry into the U.S. Steps & Responsibilities Dept. Dept. & Employee Immigration and Employment documents to OISSS; Actual Wage data to OISSS from Dept. OISSS Organize documentation from employee and Hiring Dept.; Determine Required Wage Rate; File with DOL, then DHS/USCIS.

13. H-1B Cont. H-1B Advantages Position can be full or part-time, permanent or temporary, on-site / off-site; Area of specialty unlimited; No check-in, Orientation, or nor cultural events required; Can be valid for up to 6 years; Possible UT sponsorship for GC; Recruitment tool if necessary; Premium Processing an option ($1,225 – 15 days). H-1B Disadvantages Required Wage Rate must be paid; Hiring Department (employer) must pay H-1B filing fees ($1,325); H-1B amendment may need to be filed b/c of change to position; Reasons why wage not paid to H-1B employee are narrow; Cost-prohibitive to force unpaid furlough on H- 1B employee; UT must pay return reasonable transportation costs home for terminated employee; Spouses on H-4 visa cannot work. Advantages & Disadvantages

14. H-1B cont.  Required Wage Rate = the higher of either A) the actual wage paid, OR B) the prevailing wage.  Actual Wage calculation example:  Prevailing Wage: Outside source;  Key: OISSS works with point-of-hire (HRTD, Faculty Affairs) to ensure proper salary/wage is paid per H-1B regulations. Required Wage Rate Explanation Postdoc NameActual Postdoc Salary / Yr Miguel Cabrera$50,000 Joseph Mauer$45,000 Travis Hafner$40,000 Adam Dunn$21,000

15. Compare & Contrast J-1 Exchange Visitors  No immigrant intent  5 year max  Visa fees  J-1 Responsibility  $200 Fee  Funding sources  Home institution, Gov’t., or UT  Affected by 24-month bar  J-2 Employment Authorization for spouses  Could result in 2-year HRR and/or 24-month bar H-1B Employees  Allows dual-intent  6 year max, sometimes more  Visa fees  UT Dept. responsible  $1,325 fee  Requires UT pay Required Wage Rate  Affected by 2-year HRR  No H-4 Employment for spouses  1-year bar

16. Other Visa Types  TN / core requirement: Only certain professions allowed;  Advantage: No H-1B wage required, granted in 3-year increments indefinitely, not labor-intensive on Departments like H-1B visa;  Disadvantage: Cannot apply for Permanent Residency;  O-1 / who it applies to: Individuals who can demonstrate extraordinary ability in the sciences, education, business, athletics, the arts, or the motion picture or t.v. industries.  Advantage: No H-1B wage required, 3-year initial increment, 1-year extensions indefinitely, 2-year Home Rule under J-1 visa does not apply to O-1 (unlike H-1B);  Disadvantage: Nobel Prize not required, but it doesn’t hurt;  L-1: Managers and executives transferred to U.S. employer;  H-1B1: Specialty occupation + Chilean and Singaporean professionals only;  E-3: Specialty occupation + Australian professionals only;  B1/B2: Guest Speaker / Volunteer / Expert  Advantage: No H-1B or J1 required, not labor-intensive, can receive honoraria for performance, honorarium has no maximum dollar amount  Disadvantage: Cannot spend more than nine days at a single institution, may not receive more than five honoraria in six months;  Requirements: Invitation letter TN (Canadian & Mexican NAFTA Workers) O-1 (Extraordinary Abilities) L-1 H-1B1 E-3 Honorariums Guest Speakers Volunteers

17. Permanent Residency – Green Card  Approximately 17 different ways to obtain Green Card but 4 main ways: Family, work, asylee-refugee, diversity lottery;  Via work at UT, “adjusting status” from Person 2 to Person 3 expensive process: $4000 – 8000. Department must pay most fees per regulations;  Key: Classroom teaching v. research or administrative responsibilities;  Via work at UT, process typically takes 2-3 years for most, 4-8 years if born in India or mainland-China. Person 1 NO STATUS OR EXPIRED STATUS, OR ILLEGAL STATUS Person 1 NO STATUS OR EXPIRED STATUS, OR ILLEGAL STATUS Person 2 NON- IMMIGRANT/ TEMPORARY: Study, work, join family, tourist Person 2 NON- IMMIGRANT/ TEMPORARY: Study, work, join family, tourist Person 3 IMMIGRANT / PERM-GC: Permanent intent to stay in U.S. Person 3 IMMIGRANT / PERM-GC: Permanent intent to stay in U.S. Person 4 U.S. Citizen Person 4 U.S. Citizen

18. Form I-9: Employment Eligibility Verification

19. Examples Social Security Card Green Card

20. E-Verify Participant What Does That Mean?

21. Why Does This Matter?