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
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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
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 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
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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.
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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
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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)
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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
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(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
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(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)
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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.)
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• 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)
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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
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(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
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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
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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
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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
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• 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.
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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
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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
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 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
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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
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 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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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 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
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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
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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