Employing and Hosting J-1 Scholars at Washington State University - PDF document

Employing and Hosting J-1 Scholars at Washington State University International Programs-Global Services October 17, 2012 Presented by Rob Cassleman, International Scholar Advisor Exchange Visitor Program basics • Established by the Fulbright Act to provide for exchange of ideas and culture between U.S. and other countries • Permits a temporary visit with an expectation for the non-resident alien to return to their home country • Can employ the J-1, but not primary purpose of exchange program • Expected to participate in cultural activities Exchange Visitor Program basics-cont. • All exchange visitors must obtain Medical Insurance at EVP minimums or higher • Must be issued and keep in their possession a Certificate of Eligibility for Exchange Visitor Status/form DS-2019

J-1 Exchange Visitors participate in a wide range of activities at WSU. • Collaborative research and teaching • Observing and consulting • Demonstrating a special skill • Student internships J-1 Specialist • Demonstrate a special skill or knowledge • Examples: athletics coach, musician, actor, videographer J-1 Research Scholars and Short Term Scholars • Conducts research, observes, consults in connection with a research project J-J-1 Professor1 Professor

J-1 Professor • Primarily teaching, lecturing • May also conduct research with permission of the host department J-1 Student Intern • Supervised internships at WSU or a designated third party location • Full –time (32hrs+), work-based learning • No WSU admission; no WSU coursework • May participate up to 12 months • May be paid or unpaid • Internship Plan must be submitted • Evaluations required at the end and mid point (if the program lasts more than 6months) Durations of stay-maximums • Professor: 5 years • Research Scholar: 5 years • Specialist : 1 year • Short Term Scholar: 6 months • Student Interns: 1 year

B. What are the sponsoring department’s requirements to host a J-1 scholar? • Show evidence of funding (WSU income or non-WSU source). Employing the J scholar at WSU is NOT a requirement. • Confirm EV has sufficient English skills to participate in their activity. • Acknowledge EV will NOT be a candidate for a tenure track or permanent position, • Nor be a full time student in U.S. • Agree to offer culture exchange opportunities Initiating the process Contact IP-GS with description of scholar and objectives: globalservices@wsu.edu, or 335-4508. Or, go directly to J-1 scholar online request form via IP-ISS web site: http://ip.wsu.edu/depts/h osting/scholars/forms- and-FAQ.html. J-1 request process-continued IP-Global Services:  creates J-1 record in SEVIS,  prepares Welcome Packet containing Certificate of Eligibility/Form DS-2019, instructional cover memo, and pre-arrival information for EV IP-Global Services or host department sends Welcome Packet to scholar via courier (e.g. FedEx).

Global Services role • Provide ongoing advice to department and scholar about visa-related issues before and after scholar’s arrival • Provide scholar orientation meeting covering: rules/expectations, cultural information, insurance information, medical care, transportation, etc. • Send regular newsletter to scholar regarding rule updates, living in Pullman, cultural • Ongoing advisement via email, phone, office • Tax filing assistance Host Department responsibilities: after arrival • Assist in notifying EV about IP-GS check-in/ orientation meeting • Review HRS New Employee Checklist (if appropriate) • Social Security Card transportation (if appropriate) • W-4/tax determination questionnaire • WSU appointment (depending on objective) • Cougar Card/network access/library • Health insurance help (let’s use teamwork) Exchange Visitor Responsibilities (included in IP-ISS pre-arrival information) • Pay SEVIS I-901fee, and U.S. visa stamp fee • Apply for visa stamp and interview at U.S. consulate in their country • Make travel arrangements • Bring sufficient start-up currency • Arrange housing in Pullman • Obtain health insurance • Open bank account

OTHER CONSIDERATONS • Two Year Home Residency rule • Bringing dependents • Tax considerations • Housing Two Year Home Residency Requirement I.N.A. 212(E)  Those who are subject to this restriction have limitations on acquiring certain visa statuses in the future.  Change of non- immigrant status, or change to PR, within “SUBJECT/NOT SUBJECT TO SECTION 212(E)” the US, are not possible unless this Also noted on the DS 2019 requirement is waived . J-2 Dependents family members (spouse and children under 21yr) • May be employed after receiving authorization from USCIS. • Are subject to the Two Year Home Residency Requirement (212.E) along with the J-1. • Can not remain in the US after the J-1 completes their program. • Can study full-time or part-time. • Must carry adequate health insurance equivalent to the standards set for the J-1

Tax Tips • All new J-1 scholars employed by WSU should submit a Tax Determination Questionnaire, which is found on the Payroll Services Web site for ”non-US citizens” at www.wsu.edu/payroll. • J-1 scholars can receive assistance with filing their tax return through GS tax assistance plan. Scholar should watch for the GS email e-newsletters and check the GS web site for information between February and June. Questions • Primary J-1 contact: Rob Cassleman: rcasslem@wsu.edu, • Secondary contacts: • Jody White, International Program Specialist: jodyl@wsu.edu • Jan Keiser, Immigration Compliance Specialist: jan.keiser@wsu.edu • Phone for all: 509-335-4508, • Web site: www.ip.wsu.edu/global-services • Bryan Hall 206

Sponsoring H-1B Employees at WSU October 17, 2010 Jan Keiser, Global Services, International Programs Bryan Hall, Room 206 22 H-1B Nonimmigrant Category - Legal Requirements • Position requirements • Theoretical and practical application of a body of specialized knowledge; and • Bachelor’s or higher degree (or its equivalent) in the specific specialty • Employer sponsored, temporary work visa limited to cumulative stay of six years • Employer and employment specific • Dual intent, allows for immigrant intent 23 WSU H-1B Sponsorship Policy • Faculty in full-time teaching and/or research positions (temporary or permanent) • Administrative Professionals in permanent full-time positions that meet legal requirements (hiring authority must approve) • Duration of request at least one year, although less may be acceptable • Part-time positions may be acceptable 24

H-1B Petition Types 1. New petition – first time to be sponsored H-1B by WSU, can be: a) Change of status (from F-1/F-1, J-1/J-2, H-4) to H-1B in the U.S. If traveling abroad while pending, petition is considered abandoned. b) Entering the U.S. from abroad . Must have original H-1B approval notice and H-1B visa to enter the U.S. c) Concurrent H-1B . Must have USCIS receipt notice to work for WSU up to 240 days. d) H-1B transfer/porting . Must have USCIS receipt notice to work for WSU up to 240 days. 2. Extension – current WSU H-1B worker, can continue to work with USCIS receipt notice up to 240 days 3. Amended petition – Substantial/material change in the previously approved H-1B petition 25 H-1B Petition Challenges 1. To prove to USCIS the H-1B job qualifies as “specialty occupation” and alien’s qualifications 2. Comply with DOL Labor Condition Application (LCA) regulations – H-1B workers will be offered and paid prevailing wages and working conditions and benefits. 3. Aliens subject to J-1/J-2 2 years home residency requirements are not eligible for H-1B unless it is fulfilled or waived 4. USCIS processing delays 26 H-1B Petition Process 1. Initial inquiry – to GS 2. Immigration Tracker information completion 3. GS request Prevailing Wage determination request with DOL - 60+ days based on the job description 4. Posting notice – 10 business day at two locations 5. GS files LCA with DOL – can only filed up to 6 months before employment begins. DOL adjudicates (certify or deny) in 7 business days 6. GS files I-129 Petition for a Nonimmigrant Worker with USCIS in CSC, current processing time 4+ months 7. GS notifies dept. when it is approved 8. GS conducts H-1B orientation for the beneficiary 27

Parties Involved in H-1B Process 1. DOL (The U.S. Department of Labor): PWD, LCA 2. DHS (The U.S. Department of Homeland Security) a) USCIS (U.S. Citizenship and Immigration Services): I -129 b) CBP (Customs and Border Protection) – Border entry 3. The U.S. employer 4. The alien employee 5. DOL (The U.S. Department of State) – H-1B visa 28 H-1B Petition Costs 1. $500 IP fee for initial, extension and amendment 2. $325 I-129 filing fee , paid by the employer 3. $500 fraud prevent and detection fee for new petition only , paid by the employer 4. $1225 optional premium processing fee , can be paid by either the employer or the beneficiary. USCIS guarantees to adjudicate (approve, deny or request for evidence) within 15 calendar days. 29 H-1B Documents- USCIS I-797A Approval Notice 30

H-1B Documents- USCIS I-797B Approval Notice 31 H-1B Documents- I-94 card from POE 32 H-1B Documents- Visa affixed in passport 33