Transcript NONIMMIGRANT EMPLOYEES AT TEMPLE UNIVERSITY International Student and Scholar Services International Student and Scholar Services (ISSS) Contact Information PHONE: 215-204-7708 FAX: 215-204-6166 www.temple.edu/isss Staff Information: – Martyn J.

NONIMMIGRANT EMPLOYEES
AT TEMPLE UNIVERSITY
International Student and
Scholar Services
International Student and Scholar Services (ISSS)
Contact Information
PHONE: 215-204-7708
FAX: 215-204-6166
www.temple.edu/isss
Staff Information:
– Martyn J. Miller, Ph.D., Senior Director
• [email protected]; 1-4682
– Joan McGinley, Assistant Director
• [email protected]; 1-1272
– Sharon Loughran, Immigration Services Specialist
• [email protected]; 1-3805
 U.S. Department of Homeland Security (DHS): DHS combined
22 different federal departments and agencies into a unified,
integrated cabinet agency in 2002 www.dhs.gov/
 US Citizenship and Immigration Service (USCIS): Branch of
DHS which has authority over all aliens in the US www.uscis.gov
 US Department of Labor (DOL): Government Agency that has
authority over Labor Condition Application (LCA) needed for H-1B
and O-1 Petitions /E-3 Visa www.dol.gov
 US Customs and Border Protection (CBP): Branch of DHS
responsible for admitting internationals into the US www.cbp.gov
 US Immigration and Customs Enforcement (ICE): enforces
federal laws governing border control, customs, trade and
immigration to promote homeland security and public safety;
oversees SEVIS, the software system used for F and J
students/scholars https://www.ice.gov/
 US Department of State – Authority over issuances of all US nonimmigrant and immigrant visas
http://travel.state.gov/content/visas/english.html
Application Process
Please ensure that all required materials
are submitted ISD at one time (checks (if
applicable) should be sent separately)
Missing information will cause
unnecessary delays in processing of
immigration documents
KNOW YOUR DATES! Make sure that
they are the dates that you really want.
Check with all parties involved: PI/Faculty
Mentor/Supervisor, International
Applicant, etc
www.temple.edu/isss/international/index.html
ISSS DOES NOT DECIDE JOB TITLE / POSITIONS
Please note that ISSS does not determine
job titles (paid/unpaid) or salaries. We are the
final stage in facilitating the appropriate visa
classification once the department has
determined these factors and a prospective
employee has been identified.
Departments need to work with their HR
Generalist, the Postdoctoral Affairs Office and
the Senior Vice Provost for Faculty
Development and Faculty Affairs to determine
the job title
Know the answers to these questions
before contacting ISSS:
 Is applicant currently in the US? If yes, is s/he already
employed by TU? If so, what is the foreign national's
immigration status? Current job title?
 What Is the Highest Degree the Applicant Holds? Does
Applicant Meet Minimum Degree Requirement for position?
 Does Applicant Have the Minimum number of years of
experience required?
 REALISTIC Expected Start Date of appointment?
 How long will you employ applicant? On a yearly basis?
Permanently?
 Foreign national's country of citizenship?
 Has the potential employee applied for a Green card?
 Does the applicant plan to travel abroad in the near future?
(This will affect both visa timing and procedure)
Contact:
 Sharon Loughran for J-1 Scholars, H-1B
Employees, E-3 Australian Specialty Workers and TN
Temporary Workers.
 Martyn Miller for an O-1 Worker
 Joan McGinley for a J-1 Student Intern who will
receive academic credit from a University abroad for
research performed at TU
 Nina Campellone regarding Post Doctoral Fellows
and Visiting Research Scholars.
 Faculty Affairs for information on hiring Faculty.
 HR: Department's HR Generalist to invite/appoint/hire
anyone not listed above.
 Karen Ward (University) regarding TU Sponsorship
for a green card. Please note that ISSS is unable to
assist with the green card process.
General Non-Immigrant Process
Pre-entry includes visa processing at a U.S. consulate as
well as any other preliminary steps that occur in the US
relating to the planned nonimmigrant activity. Some
examples of other preliminary steps are:
Admission to a school and issuance of a SEVIS I-20
 Acceptance by an exchange visitor program and issuance of
a SEVIS DS-2019
 A U.S. employer securing the approval of an employmentbased nonimmigrant worker petition (Form I-129)
 Obtaining a Visa Stamp from a US Consulate Outside the
US
Entry includes inspection and admission to the United States
by an immigration inspector. Some key entry steps are:
Office of Biometric Identity Management processing
 Namecheck clearances
 Review and processing of status eligibility documents
 Issuance of Form I-94
General Non-Immigrant Process (con’t)
Status includes compliance with the terms and
conditions of the particular nonimmigrant category in
which the nonimmigrant was admitted. Some key
maintenance of status steps are:
Complying with deadlines and reporting requirements
 Engaging in required activity
 Avoiding prohibited activity
Exit includes satisfactory departure from the United
States when the nonimmigrant activity is completed.
Some key exit steps are:
 Departing the United States before the period of
authorized admission has expired
 Complying with any applicable exit procedures
Identifying nonimmigrant documents
Four types of documents are generally
associated with nonimmigrant status:
Passports
Visas
Enabling documents
[I-20, DS-2019, LCA, I-797 Approval]
I-94 cards [www.cbp.gov/i94]
VISA Stamp
 Issued by a Consular Officer (US Department of State)
 Only "used" when an alien presents her/himself to an
immigration inspecting officer when applying for admission to
the US. Once the alien is admitted to the US, the visa ceases to
have a function until the next time the alien enters the US.
 Can expire while the nonimmigrant is inside the U.S., with no
negative effect on the person's nonimmigrant status.
 Must be valid for if individual departs the US and wishes to
return. If the visa has expired, the individual must obtain a
new visa at a U.S. consular office before re-entering.
 If an individual is admitted to the U.S. on the basis of one visa,
and then changes status to another nonimmigrant status while
still in the U.S., the only thing that has changed is the person's
nonimmigrant status, not the person's visa stamp. If a person
travels outside the U.S. after a change of status, he or she
will have to obtain a new visa in the new category in order
to be readmitted to the U.S. in the new status.
Enabling Documents
Enabling documents include documents like an I-20 (issued
by a designated school authorized to enroll F-1 students) or
DS-2019 (issued by a designated J-1 exchange visitor
program). An enabling document serves different purposes:
 To evidence the parameters of an alien's nonimmigrant
status;
 To evidence eligibility to receive a nonimmigrant visa or be
admitted to the U.S. in a nonimmigrant status;
 To implement changes or updates to a nonimmigrant's
status once they hold a status.
Some enabling documents (like an I-20 or DS-2019) are
issued directly to an alien by an individual authorized to issue
them. Other enabling documents, such as Form I-797, are
issued by USCIS only after USCIS has adjudicated and
approved an official petition that was filed on the alien's
behalf by a U.S. employer.
Presumption of Immigrant Intent
Every alien (other than a nonimmigrant
described in subparagraph (H)(i) or (L)
of Section 101(a)(15)) shall be
presumed to be an immigrant until he
establishes to the satisfaction of the
consular officer, at the time of
application for a visa, and the
immigration officers, at the time of
application for admission, that he is
entitled to a nonimmigrant status under
101(a)(15).
The way to prove you do not have
immigrant intent is to prove that you
do qualify for a nonimmigrant
classification.
Nonimmigrant must:
• Have an Un-abandoned
residence abroad
• Be entitled to a particular nonimmigration classification
• Be admissible to the US [long list of
reasons someone might be
“Inadmissible” like criminal
records or contagious diseases]
Nonimmigrant Status
Nonimmigrant status is a legal condition, not a physical
thing. It is also dynamic, not static, which means that a
person's nonimmigrant status must be acquired and
maintained, and can be changed or lost. In many respects,
nonimmigrant status is a relationship with the U.S.
immigration system, with actions, events, and data in the
"real" world contributing to the acquisition, maintenance,
change, or loss of the nonimmigrant relationship.
These actions, events, and data are often recorded and
presented in relation to one another in the form of:
 Documents, including immigration documents
 Electronic records, stored in a database. Like
documents, there can be electronic immigration records,
such as SEVIS, CLAIMS 3, NIIS, ADIS, US-VISIT, CCD,
and IBIS, just to name a few, and electronic ancillary
records, such as a school's student database, an
institution's HR database, etc.
Passports
Most aliens seeking admission to the US
in nonimmigrant status must have a valid
passport or they are ineligible for
admission.
A passport permits its bearer to return to
the issuing country, usually the country of
the bearer's nationality.
Passport must be valid for a minimum of
six months from the date of the expiration
of the initial period of the alien's
contemplated initial period of stay.
Visa stamps
 Visa cost, validity, and the number of entries
allowed on a particular visa are determined by a
policy of reciprocity between the US and another
country
 Cost, validity period, and number of entries differ
from country to country and from visa category to
visa category. You can find out what the visa fees,
period of validity, and number of entries will be by
consulting the DOS Visa Reciprocity tables but
note that the website is not always accurate.
 A visa is not required for Canadian citizens to
enter the United States in any nonimmigrant
category except E, K, S, and V categories.
 http://travel.state.gov/content/visas/english/fees/re
ciprocity-by-country.html
Visa Security Clearances
 Fingerprint Checks - Screen a visa applicant's fingerprints against DHS'
Automated Biometric Identification System (IDENT) and the FBI's Integrated
Automated Fingerprint Identification System (IAFIS)
 Facial Recognition Checks - Use facial recognition technology to screen the
photographs of all visa applicants against FBI watchlists as well as against the
photos contained in DOS' Consular Consolidated Database (CCD).
 CLASS Namecheck - Check the names of all visa applicants against the
Consular Lookout and Support System (CLASS) database. CLASS contains
information on persons found ineligible for visas, or against whom potentially
derogatory information exists. Almost 70 percent of CLASS records come from
other agencies.
 CCD checks - Visa applicant's data is screened against the visa applicant data in
the Consular Consolidated Database.
 Enterprise Case Assessment Service checks - this platform stores fraudrelated research.
 Post information gathering - Collect information from all sources relevant to
making their decision. This includes getting information directly from the visa
applicant through application forms, supporting documentation, and personal
interviews. When another post may have information affecting the applicant's visa
eligibility the post considering the visa application may have to obtain information
from the other post in order to complete the clearance process.
 Advisory Opinions (AOs) - from the Department of State on questions of law and
policy.
 Security Advisory Opinions (SAOs) - through the Department of State
regarding security and related grounds.
Security Name Checks
 Special clearance procedures may be required if the
consular officer has reason to believe that an individual
may be inadmissible under INA § 212(a)(3), which
establishes a basis for inadmissibility relating to "Security
and Related Grounds." These grounds include activities
such as espionage, terrorism, export of sensitive
technology, and other activities that have been
determined to affect the security of the US. If a consular
officer knows, or has reasonable grounds to believe, that
an alien falls under INA § 212(a)(3), a visa will not be
issued.

The "security advisory opinion" (SAO) process is a multiagency review that collects additional information on
applicants to provide a recommendation to posts to issue
or refuse a visa. SAOs are mandatory for some
categories of visa applicants. In some situations, an SAO
is mandatory; in others, the consular officer has the
discretion to request an SAO.
Mantis and Export Control Clearances
Inquiry and clearance procedures relating to the INA § 212(a)(3)(A)(i)(II)
ground of inadmissibility (concerning prohibited export from the US of
goods, technology, or sensitive information) are guided by a DOS policy
called Mantis.
The mantis program was developed due to law enforcement/ intelligence
community concern that U.S. produced goods and information are
vulnerable to theft...The primary program security objectives are:
 -To stem the proliferation of weapons of mass destruction and missile
delivery systems;
 -Restrain the development of destabilizing conventional military
capabilities in certain regions of the world;
 -Prevent the transfer of arms and sensitive dual-use items to terrorist
states;
 -And maintain U.S. advantages in certain militarily critical
technologies."
A Mantis clearance might be requested for a national of any country who
may come within the purview of INA § 212(a)(3)(A)(i)(II), and the
decision to request a Mantis clearance is often in the discretion of the
consular officer.
Technology Alert List (TAL)
Cases involving fields on the Technology Alert List (TAL) usually require a Mantis
Security Advisory Opinion 
before a visa is issued. The most recent version of the TAL is
not available to the public. Here are the fifteen categories included on the "critical
fields list" in the last public version of the TAL before it was designated as "sensitive
but unclassified." This list is provided as background only as the actual current TAL
may now be quite different:

Conventional Munitions

Nuclear Technology

Rocket Systems

Rocket System and Unmanned Air Vehicle (UAV) Subsystems

Navigation, Avionics and Flight Control Usable in Rocket Systems and Unmanned
Air Vehicles (UAV)

Chemical, Biotechnology and Biomedical Engineering

Remote Sensing, Imaging and Reconnaissance

Advanced Computer/Microelectronic Technology

Materials Technology

Information Security

Laser and Directed Energy Systems Technology

Sensors and Sensor Technology

Marine Technology

Robotics

Urban Planning
Inspection at US Port of Entry (POE)
Individuals seeking admission to the US must be inspected in
person by an immigration officer at an official U.S. port of entry
(POE). Before inspection, arriving aliens are seen as "applicants
for admission.” The first level of inspection is called primary
inspection which consists of a brief interview by a CBP
immigration inspector [Customs and Border Protection], who
also examines the alien's immigration documents and supporting
documents, and conducts other standard procedures. The
inspector will ask what the alien's purpose is in coming to the
US, look to see that the passport is valid and belongs to the
holder, ensure that the visa is valid, appropriate, and belongs to
the holder, and assess whether the supporting documents are
valid, appropriate, and belong to the holder. The immigration
inspector will also query government databases.
If all is in order, the immigration inspector will conduct OBIM
biometric data collection, and then admit the alien to the United
States. Primary inspections are usually fairly quick, lasting not
much more than a couple of minutes.
Secondary Inspection
 If there is a lookout that needs to be resolved, or if the
inspector wants to have documents examined more carefully,
needs to ask for help on a particular inspection, or needs to
have a person's SEVIS record checked, the inspector may
place the individual in a higher level of inspection called
secondary inspection. This can take the form of the inspector
asking the person to wait in a separate area until the inspector
can complete the inspection. At larger ports of entry, secondary
inspection takes place in a separate room with additional
inspectors.
 Arriving aliens may find secondary inspection somewhat
anxiety-producing, and it may take significantly longer than
primary inspection. Travelers should be advised to travel with
complete documentation appropriate for their immigration
classification, and to leave sufficient time for connecting flights
or airport pickups to accommodate the possibility of secondary
inspection.
I-94 Document
 Form I-94 is a card on which DHS records
important information about a particular admission
of an alien to the US, such as the category the
person has been admitted in and the duration of
the person's stay.
 Enabling documents and Form I-94 are like
"snapshots in time" reflecting particular aspects of
a person's status at the time of the documents'
creation or amendment. For instance, someone
entered as an F-1 student but changed to J-1
status…an I-94 may reflect F-1 status but the
individual now holds J-1 status and will receive a
new I-94 documenting J-1 status upon departure
and reentry into the US
Admission to the US
 Nonimmigrants are admitted to the United States
either until a specific date ("date certain"), or for
duration of status ("D/S").
 For most nonimmigrants, the expiration of the
period of authorized stay is recorded on Form I-94
(paper or electronic). Such an I-94 is said to be
"date certain." Generally speaking, that date is the
date by which the individual must either leave the
United States or have applied for an extension or
change of status.
 Aliens should be encouraged to examine the date
expiration date stamped on their I-94 each time
they enter the US to avoid inadvertently staying
beyond their period of authorized admission.
The B-1 category is appropriate for aliens who
wish to come to the United States to engage
in temporary commercial, business, or
professional activities related to their
employment or business abroad, provided
that the U.S. activity does not constitute
"employment" in the U.S.
22 C.F.R. § 41.31(b)(1) The term "business,"
as used in INA 101(a)(15)(B), refers to
conventions, conferences, consultations and
other legitimate activities of a commercial or
professional nature. It does not include
local employment or labor for hire.
The State Department Foreign Affairs Manual
(FAM) contains an example of what is NOT
local employment: "The clearest legal
definition comes from the decision of the
Board of Immigration Appeals in Matter of
Hira, affirmed by the Attorney General. Hira
involved a tailor measuring customers in the
United States for suits to be manufactured
and shipped from outside the United States.
The decision stated that this was an
appropriate B-1 activity, because the
principal place of business and the actual
place of accrual of profits, if any, was in
the foreign country."
B-1/2 Tourist Visa Almost Always
Inappropriate for Researchers
In general, ISSS recommends that
non-employee individuals from abroad
who will come to Temple to engage in
research, lecture, etc. should enter the
US as a J-1 Exchange Visitor. Our
office has seen too many instances of
individuals being turned away at the
border when they try to enter with
B-1/B-2 (Tourist) or WB/WT (Visa
Waiver) status.