Transcript Slide 1
SOM Faculty Immigration Hiring Process November 2012 Presented by the Office of Faculty Affairs and the Dept. of Human Resources SOM Faculty Hiring Process Electronic Position Approval Lead Completes Position Checklist Non-Clinical Only Clinical Support Chair Approval * If candidate is EPC Approval clinical, apply for medical staff licensure as soon as candidate is chosen. Begin Recruiting Candidate International Candidate Contact HRInternational Services Complete Immigration forms and return to HR Ensure hire date and sponsorship coincide with appt. approval Inform HR Business Partner Affiliate, Instr. or Asst. Prof. Electronic Candidate Approval Lead Completes Appt. Info Chair Approval Non-Clinical Only Appt Salary/ Move $ Approval EPC Approval Clinical Support Assoc. Prof or Prof Compliance Adds Recruitment Agreement Compliance Prints Packet Legal Reviews & Sends To Faculty Electronic Appointment Letter Dean Designee Approval APT Committee Approval Legal Receives from Faculty Med Staff Adds Application HR Adds IHL Contract Non-Clinical Only Legal Obtains Dr. Keeton’s Signature Lead Picks Up From Legal Lead Sends PSA to Compliance & Distributes Other Documents As Appropriate 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 Hiring an International Candidate Section name here 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 Labor Condition Application (Employer Attestations) Section name here 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 Labor Condition Application Section name here (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 Labor Condition Application Section name here (Prevailing Wage) 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 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. Labor Condition Application (Employer Attestations – Cont.) Section name here • 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. H-1B Visa Availability (H-1B Cap) Section name here H-1B visas are available to businesses and corporations each fiscal year from October 1Sept. 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 H-1B Visa Availability Section name here (H-1B Cap) Institutions of higher learning and certain non-profit government organizations exempt from the H-1B cap Avenues for Acquiring Initial H-1B Status Section name here Individuals inside the U.S. in another status (J1, 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 Avenues for Acquiring Initial H-1B Status Section name here 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 Period of Authorized Stay for H-1B Employees Section name here 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 Period of Authorized Stay for H-1B Employees Section name here • 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 Time Considerations Related to H-1B Petitions Section name here 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. Costs Involved in the H-1B Process Section name here 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 Costs Involved in the H-1B Process Section name here 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 H1B employee. Exception: Employee not allowed to pay the fee if it would cause his/her salary to fall below the prevailing wage Changing H-1B Employers Section name here 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 Changing H-1B Employers Section name here 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 Change in Term/Conditions of H-1B Employment Section name here 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 Change in Term/Conditions of H-1B Employment Section name here 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 Change in Term/Conditions of H-1B Employment Section name here 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 Change in Term/Conditions of H-1B Employment Section name here 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. Steps in Preparing and Filing an H-1B Petition Section name here 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? Steps in Preparing and Filing an H-1B Petition Section name here 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 Steps in Preparing and Filing an H-1B Petition Section name here 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 Steps in Preparing and Filing an H-1B Petition Section name here 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. Comparison of H-1B and J-1 Classifications Section name here H-1B J-1 Purpose of Visit Temporary Employment International Exchange Total Processing Time 5 months 2-3 months 6 years 5 years Not required Required $825 N/A Work Auth. For dependents No Yes Grace period after termination No 30 days Dual intent Yes No Maximum Period of Stay 2-yr home residence req. Employer Filing Fees