IMMIGRATION OVERVIEW Presented by Payroll Services Heather - - PowerPoint PPT Presentation
IMMIGRATION OVERVIEW Presented by Payroll Services Heather Kira-Hoeke and Mike Sattin May 9, 2013 CLASS OBJECTIVES To have a basic understanding of U.S. immigration rules To understand how these rules impact UCLA Where to find
IMMIGRATION OVERVIEW
Presented by Payroll Services Heather Kira-Hoeke and Mike Sattin
May 9, 2013
CLASS OBJECTIVES
immigration rules
impact UCLA
What is Immigration?
Such a simple definition for such a complex process!
Merriam-Webster dictionary Immigration - to come into a country of which one is not a native for permanent residence
Brief History of U.S. Immigration
– Declared “any alien, being a free white person, may be admitted to become a citizen of the United States”
– Supreme Court declared regulation of US immigration a responsibility of the US government
– Federal Government assumed the task of inspecting, admitting, rejecting, and processing all immigrants seeking admission to the United States
– Congress merged the two bureaus into one -INS
History of U.S. Immigration
– Collected and codified existing provisions of law and reorganized structure of immigration law.
– Expanded responsibilities of INS. – Held employers responsible. Introduced the I-9.
– Transitioned services provided by the Immigration and Naturalization Service (INS) into the Department of Homeland Security (DHS).
Department of Homeland Security (DHS)
The DHS is responsible for the:
nonimmigrant petitions
in the U.S.
status while the applicant is in the U.S.
DHS
Protection
Consists of 4 major offices:
Border and Transportation Services
(United States Citizen and Immigration Service)
(U.S. Immigration & Customs Enforcement)
(U. S. Custom & Border Protection)
A Typical Day at USCIS
background checks
local offices
USCIS employees 230,000 people
The Legal Way into the U.S.(INA §235)
Step 1 - Invitation from US organization Step 2 - Obtain Passport (see individual’s country of citizenship requirements) Step 3 - Obtain Visa (if required) Step 4- Inspection Process Step 5- Customs Step 6- Admittance into the U.S.
6 Step Process:
Step 3: How to Obtain a Visa
1. Access www.UnitedStatesVisas.gov for current visa information and requirements. 2. Make an appointment with a U.S. Embassy or Consulate
a. Check required fees and method of payment
3. Have documents ready
a. See United States Visas and Consulate web sites b. Obtain documents from sponsoring entity c. International Student and Scholars contact Dashew Center
4. Submit application, passport, and supporting documents to U.S. Embassy or Consulate 5. Interviews 6. Approval/Denial of Visa
Step 4: Inspection Process
Provide Inspector with documents:
Permit, or a Returning Resident visa. Customs
Inspector approves permission to enter U.S. (only aliens):
I-94W indicating the “Status” of the individual
* Some exceptions exist. See 8CFR §211.4 and 8CFR §212.1
Documentation to enter the U.S.
border to ask for entry under a certain classification
the USCIS lets one enter into the US
PASSPORT defined:
recognized travel document that verifies the identity and nationality of the bearer.
Initiative (WHTI) It is not the following:
It can be used as a document for:
THIS NUMBER IS REQUIRED FOR TAX TREATY EXEMPTION
Expiration date important for I-9
Visa vs. “Visa Status”
U.S. and apply for admission during the validity period on the visa.
authorization or relate to the time period that the foreign national may remain in the U.S.
– Visa Status is indicated on the I-94 Form.
VISA
consulate abroad that allows the alien to travel to the US to ask for admission at the US port of entry.
visa*. If an alien arrives at a US port without a visa, they will be sent home at the carrier’s expense. *Exceptions to the visa rule are: Canadian citizens, aliens with Border Crossing Cards, and aliens traveling under the Visa Waiver Program
Generally you do not use information from a visa for: the I-9 form, EDB entry, or Tax Treaty forms!
I-94
***A paper I-94 Form will phase out effective April 30 through May 21, 2013. A CBP admission stamp will be placed in the passport, which will reflect the class of admission**** The website is http://www.cbp.gov/I94 - www.cbp.gov/I94
alien is admitted to the U.S. on.
the U.S.
but may be expressed with “D/S” (duration of status). Indicates status
2012
D/S
Indicates duration of status
Visa Exemptions
A Visa does not need to be presented to obtain entry or visa status for the:
* only if a machine-readable passport is presented at the US entry port
Initiative (WHTI)
Mexico, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or re-enter the United States from within the Western Hemisphere Effective:
2009
The VWP allows foreign nationals from certain countries* to be admitted to the United States under limited conditions and for a limited time without obtaining a visa.
July 1, 2013
October 1, 2013
Visa Waiver Program (VWP)
The VWP enables foreign nationals to travel to the U.S. for business, medical treatment, and tourism for 90* days or fewer without obtaining a U.S. visa
Please go to the following web site for more information:
http://travel.state.gov/visa/tempvisitors_novisa_waiver.html
NEW TREND: Visa issued for less then 90 days. Days permitted to stay will relate to purpose of visit
Electronic System for Travel Authorization - ESTA
A new online system that is part of the Visa Waiver Program
countries who plan to travel to the United States for temporary business or pleasure will be required to be approved through ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP.
guarantee admittance to the U.S. this will be up to the discretion of the US CBP officer at the port of entry.
ESTA Facts
– Taiwan
– Two years or – Based on expiration of passport, whichever is first
the application is approved
Example:
R6MNGUH5TN1GHEWTYU
Asylee Status
individual while in the US following an official determination that the alien is unable or unwilling to return to the home country because of fear of persecution on account of race, religion, nationality, membership in a particular group, or political opinion.
resident.
Refugee
A status that is granted during admission into the
made that the alien is unable or unwilling to return to the home country because of fear of persecution on account of race, religion, nationality, membership in a particular group, or political opinion.
Immigrants
A foreign born individual who is lawfully admitted for permanent residence in the United States OR A foreign born individual who becomes a lawful permanent resident of the United States by the “adjustment of status” process
Nationals
United States, Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands
American Samoa and Swains Island
Non-immigrants
for a specific purpose.
nonimmigrant classifications. The most common at UCLA:
– Business or Tourist (B’s & W’s) – Diplomat (A’s) – Treaty Trader/Specialty Occupation (E-2 & E-3) – Exchange Program Visitor (J’s) – Student (F1 & J1) – Temporary Worker (H’s, O’s, P’s, TN’s)
Illegal Status
proper authorization or documents. OR
violated the terms of the status for which they entered the U.S. OR
indicated on the visa documentation.
Basic Payment Rules
1. Establish relationship between (UCLA) and the individual. 2. The individual must be able to meet the “evidentiary” rules of the I-9 for employment. 3. If the employee will be entered on the UCLA Payroll Personnel System (PPS). 4. Only citizens, permanent residents, refugees, asylums and nonresident working and living outside of the US are exempt from completing GLACIER! 5. If employed, they must receive compensation for services rendered. No WOS** appointments
Payroll, A/P, BAR
WOS Appointments
Eligibility for Payment
USCIS regulations establish 3 classes of aliens allowed to work and receive payment for their services in the US: 1. Aliens authorized to work incident to their immigrant status 2. Aliens permitted to work for a specific employer incident to their status (sponsored) 3. Aliens who must apply and obtain permission from USCIS in order to accept employment in the U.S.
Work Authorized Incident to Status
(permanent, unrestricted employment)
– U.S. Lawful Permanent Resident – Refugees – Asylees
– Permanent resident card (I-551 or stamp in passport) – I-94 indicating refugee or asylee status – Unrestricted Social Security card
Let’s look at some documentation for this group of people
ALIEN REGISTRATION RECEIPT CARD,
Form I-151
to become known as a "green card.“
I-151 is no longer acceptable as evidence of permanent residence.
http://www.fels.org/insforms/insdocs.htm
RESIDENT ALIEN CARD, Form I-551
Version #1
1977
photograph, signature and fingerprint.
RESIDENT ALIEN CARD, Form I-551
Version #2 (revised in Aug 1989)
contain an expiration date
expiration date indicates when the card expires and must be renewed. It does not indicate that the alien’s status has expired.
years from date of issue.
modified by adding a white box behind the fingerprint.
PERMANENT RESIDENT ALIEN CARD, Form I-551 Version #3
Front
PERMANENT RESIDENT CARD
Back
containing encoded cardholder information as well as a personalized etching which depicts the bearer*s photo, name, signature, date of birth, alien registration number, card expiration date and card number
Introduced- May, 11 2010 Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address will enable the easy return of a lost card to USCIS.
PERMANENT RESIDENT ALIEN CARD, Form I-551 Version #4
Where would I see the I-551 Stamp?
“UPON ENDORSEMENT SERVES AS TEMPORARY (I-551) EVIDENCING PERMANENT RESIDENT FOR 1 YEAR”
ENDORSEMENT STAMP
Example of I-551 stamp in passport
entered U.S.
August 21 2010
Noncitizen National With a U.S. Passport
A U.S. passport, current or expired, except limited passports (which are typically issued for short periods such as a year and which don’t receive as much scrutiny as a regular passport when applying). In the case of nationals who are not citizens, the passport will be stamped “Noncitizen National.”
Current U.S. Passport cover and open
Noncitizen National
Guam
Example of I-94 with Refugee Stamp
containing a refugee admission stamp for employment verification (I-9 process).
must present either an unrestricted SS Card (along with list B identify document)
Department must re-verify employment eligibility on I-9 form.
REFUGEE
See Notes for another example
Employer Specific: Temporary, Restricted
8 CFR Sec. 274a.12
Includes aliens in the following categories
A-1- Foreign Diplomat A-2 – Foreign Governmental Worker A-3 – Employee of Foreign Government Official
A-1
Ambassador, Public Minister, Career Diplomat
Duration of status not limited as long as the Secretary of
State continues to recognize them as members of the diplomatic category.
Employment or Independent Personnel Services
Immediate family members may be employed with prior permission from the Dept. of State (Protocol Div.). The principal A-1 may only be employed for a foreign government entity.
Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) permitted when
expenses are fully substantiated with receipts***
Other Foreign Government Official, employee or immediate family
Duration of status not limited as long as the Secretary of
State continues to recognize them as members of the diplomatic category.
Employment or Independent Personnel Services
Only immediate family members may be employed with prior permission from the Dept. of State (Protocol Div). EAD Card necessary.
Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) permitted when
expenses are fully substantiated with receipts***
A-2
Dependents of Ambassador, Public Minister, Career Diplomat, Consultant Officer, Other Foreign Government Official or employee
Duration of status not limited as long as the Secretary of
State continues to recognize them as members of the diplomatic category.
Employment or Independent Personnel Services
Spouse and dependents may apply for EAD Card to work.
Study Restrictions part-time or full-time study
Dependents of A-1 & A-2
Attendants, Servants or other Personal employees
Duration of status not limited as long as the Secretary of
State continues to recognize them as members of the diplomatic category.
Employment or Independent Personnel Services
May be employed by foreign government (240 Day Rule applies).
Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) To only be
reimbursed by the A-1 Visa holder
A-3
E-1 Treaty Trader E-2 Treaty Investor E-3 Specialty Occupation
Treaty Trader*
Duration of status limited for a period of two years Employment or Independent Personnel Services
No EAD requirement but employment restricted to “incident to status”
Study Restrictions may engage in incidental study
E-1
E-2
Treaty Investor
Duration of status limited for a period of two years Independent Pers. Service Payments The treaty trader
can be hired as Independent Personal services as long as they are performing in the capacity to which they entered the U.S.
Study Restrictions may engage in incidental study
Dashew Contact: Sylvia Ottemoeller (310)825-1681
Australian national specialty occupation in:
Engineering, mathematics, architecture, social sciences, medicine and health, physical sciences, education, law, theology, business specialties, accounting and the arts.
Duration of status E-3 nonimmigrant status is initially granted for a period of no more then two years. Extensions of stay may be granted indefinitely in increments not to exceed two years. Employment or Independent Personnel Services No EAD requirement but employment restricted to “incident to status” Study Restrictions may engage in incidental study
E-3
Dependents of Treaty Trader’s, Investor’s or Specialty Worker’s
Duration of status Two year limit. Employment or Independent Personnel Services
Must obtain employment authorization card, EAD. They will be authorized for employment for the period of admission and/or status of their spouses, but not to exceed two years. Dependents under 21 can not be employed
Study Restrictions may engage in part-time or full-time study
Dependents of Primary E’s
F-1 Student F-2 Dependent of Student
F-1
Duration of status: Generally admitted for 5 years or as long as necessary to complete an approved course of study plus a grace period of 60 days. Extension of F-1 status: timely file with International Office Study Restrictions: Student must maintain a full-time course load during school year to remain US. Status is noted on an I-20 Travel Reimbursement: may receive reimbursement as long as individual maintains F1 status
Dashew Contact:Sam Nahidi or Tina Nguyen Student
Employment For a UCLA F-1 Student
On-campus Employment Permitted if:
F1 student is in a full course of study which is 12 units
Or what the major requires (contact Dashew Center for this info.)
Employment is at UCLA. This includes UNEX students. Employment does not exceed 20 hrs when school is in regular session Employment can be up to 100% when school is not in session, if intending to enroll in next term May not begin employment more than 30 days prior to the actual start of classes May not be employed after completing a course of study, except employment granted under practical training
F-1 - Off Campus Employment
Hardship “if other employment opportunities are not available or are otherwise insufficient”
USCIS
Contact Dashew Center Sam Nahidi
Jimmie White x51681
F-1 - Practical Training Employment
Curricular practical training (CPT) = an employment
training employment is considered to be an integral part of the curriculum or academic program. F1 student must be in status for at least 9 months prior to applying for CPT. Employment must be directly related to the student’s field of study. Workload limitations differ for undergrads and grads Approval by sponsoring school’s responsible officer Dashew Center (DCISS) noted on page 3 of student’s I-20 Form
F-1 - Practical Training Employment
Optional practical training (OPT) = temporary employment authorization that gives F-1 students an opportunity to apply knowledge gained in the classroom to a practical work experience off campus Employment must be directly related to the student’s field of study. Maximum period is for 1 year* Can be employed full time when school is not in session or after completion of course requirements Has obtained Approval by sponsoring school (Dashew Center) noted on the student’s I-20 Form Has obtained an (EAD) from USCIS
What is STEM
Technology, Engineering and Mathematics
a 17 month extension of Optional Practical Training
chances at recruiting STEM degree holders in transition to H1 status
Student Status and Registered Units in the EDB
PPIGEN0-I1197 EDB Inquiry 10/19/07 13:17:11 10/12/07 00:21:41 General Information 1 Userid: PPAUO ID: S02222222 Name: FICA,STUDENT SSN: 054-44-4444 LAD: 12/08/07 Hm Dept: 352500 PAYROLL Emplmt Status: A Pri Pay: MO Gen No : 0009 Date of Hire : 10/01/99 Lst Day on Pay: Date of Birth : 02/21/74 Citizen : R Separation : Sex : M Visa Type : F1 Sep Rsn/Dest : Ethnic ID : F Work Perm End Date : 06/30/10 Antcptd Ret Dt: Veteran Status: N U.S. Date of Entry : 03/31/99 LOA Beg : Vet Disab Stat: N I-9 Date : 10/01/99 LOA Return : Hdcp Status : N Oath Signature Date: LOA Type : Stdt St/Units : 4/12.0 PIN Signature Date : Nx Sal Rev : UI Code : N Fed Tx Marit/Allw : S 000 Nx Sal Rev Typ: Retirement : N Fed Tax Max : 999 EREL/ERL/EUC : I/ /99 FICA Elig Cd : N Calif Tx Marit/Pers: S 000 EREP/ESH/EDUC : U/ / Asgn/Drv BELI : 5/6 Calif Tx Item : 000 Other St Name : Pay Disp : 3 Calif Max : 999 Other St CA Res : APUC : Pr ID: Pr Name: Next Func: ID: Name: SSN: ===> F: 1-Help 2-Browse 3-PrevMenu F: 9-MainMenu 12-Exit
Special Coding of Student Status and Registered Units codes in the EDB: 4/88.8 = Student is registered as a degree candidate and has paid the fee N/99.9 = Units forced in PPS prior to pay compute when units info is not available in the SIS yet IMPORTANT F1 Students must be enrolled as full time students. Confirm UCLA students with Registrar's Office. Confirm UNEX students with Student Services Dept. X50074
I-20
All F-1 Visa holders must check in with Dashew Center to get registered with SEVIS.
SEVIS I-20
The I-20 is issued to nonimmigrant students. This form along with the I-94 and unexpired foreign passport allows work authorization at the campus sponsoring the student. Work authorization is valid for as long as the student is in status.
REMINDER: If Section 2 on the I-20 indicates University Extension (UNEX), the hiring Dept. is responsible for verifying units each quarter.
Page 3 may include additional work Authorization (OPT or CPT,) transfer between schools, etc Page 2 Instructions for I-20 Section 5: Work Permit End Date
F-1
D/S SEVIS Number and Bar Code Section 3: Sponsor
F-2
Duration of status: Granted to the spouse and/or minor children accompanying an F-1 student Independent Pers. Services Payments: An F-2 may not accept employment or any funds while in the U.S. Study Restrictions:
may only engage in full time study if the study is in an elementary or secondary school.
must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status Dependent of Student
J-1 Exchange Visitor J-2 Dependent of J-1
J-1 VISA CATEGORIES STUDENTS / SCHOLARS
(in med. fields)
22 CRF SEC. 514
Mandatory SEVIS Reporting for “J” Exchange Visitors
Effective February 4, 2004
days of the Program Start Date shown on the DS-2019 Form (box #3), not U.S. arrival date.
program start date.
the J-1 principal bring the dependents’ visa documentation.
visitors falling out of their legal immigration status, and in termination
Contact Dashew Center (310)825-1681 for more information School of Medicine (310)825-7050 for more information
J-1 Student
Duration of status: for the duration of their full-time academic program as noted on DS-2019. Independent Pers. Services Payments: NOT ALLOWED Study Restrictions Must be enrolled full-time Travel Reimbursement: may receive reimbursement as long as individual maintains J-1 status as per UC policy
SEVIS DS-2019 Student
This is called the Certificate of Eligibility for an Exchange Visitor . It allows visiting students and scholars work authorization at the institute listed for the period noted on the form, Section 3. PETITIONER
WORK AUTHORIZATION DATES MUST BE UNEXPIRED!
PURPOSE: IMPORTANT FOR TAX TREATY ELIGIBILITY
J-1 D/S
Student Additional Work Authorization: J-1 Students
authorization from DCISS if currently employed or seeking on- campus employment in the future. DCISS will then need to update employment information in SEVIS.
employment continues after one year an extension can be requested within a month of the end date of the current work
letter, the request form should be completed and emailed to Tony Coelho at acoelho@saonet.ucla.edu or fax to 310.206.1612 attention “J-1 Advisor”. If employment changes at any time, another request form should be completed. Allow 3 business days to process.
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J-1 – Student Employment
On-campus Employment Permitted if:
J1 student is in a full course of study is a minimum of 12 units for Undergraduate students and 8 units for Graduate students Employment is at UCLA. Employment does not exceed 20 hr when school is in regular session Employment can be up to 100% when school is not in session May not begin employment more than 30 days prior to the actual start of classes (initial hire)
J-1 Scholar
CONTACTS: Shideh Hanassab X5-1681 Dashew Center Julie Zamoyski X5-7050 School of Medicine L.B. Tillakaratne (Tillak) X5-1681 Dashew Center
Duration of status admitted for a specific period of time to
engage in a particular research or teaching activity as noted on the DS-2019
Employment or Independent Personnel Services
UCLA listed as sponsor on DS-2019:Employment allowed up to the period indicated on the DS-2019 Non-UCLA sponsor listed on DS-2019: Incidental employment allowed if the category on DS-2019 is Professor or Researcher. Must have written permission from responsible officer sponsor prior to allowing employment.
Study Restrictions may engage in incidental study Travel Reimbursement may receive reimbursement as long
as individual maintains J-1 status.
SEVIS DS-2019 Scholar
This is called the Certificate of Eligibility for an Exchange Visitor . It allows visiting students and scholars work authorization at the institute listed for the period noted on the form, Section 3. PETITIONER
WORK AUTHORIZATION DATES MUST BE UNEXPIRED!
PURPOSE: IMPORTANT FOR TAX TREATY ELIGIBILITY
Written approval (from the J1 sponsor) is required when paying a J1 visa holder that is not sponsored by UCLA
J-1 D/S
J-2
Spouse or Dependent of a J1 exchange visitor
Duration of Status: Period of program of J-1 Employment / Independent Personnel Services Payment for these type of services are allowed as reflected on an EAD. Extension Rule: New current/unexpired EAD card needed Study Restrictions: Full or part-time study Travel Reimbursement: May receive reimbursement per UC Travel policy
H-1B Temporary Professional and Specialty Occupations
H-1B
Professional Specialty Occupations:
H-1B
Professional Specialty Occupations Duration of Status May stay for a period of three
applying for an extension, an implied 240 days can be granted. Employment Based on the “incident to status” Independent Personnel Services Not allowed. Study Restrictions incidental study Travel Reimbursement May receive reimbursement per UC Travel policy
Notice of Action (I-797)
Issued by USCIS to H, O, & P visa types or TN status
In order to be paid at UCLA, UCLA must be listed as the petitioner
Note Petitioner
I-94 attached
Visa status and valid period of work authorization noted here.
H-1 - Additional Rules
1. Extension Rule: 240 day work permit end date extension is granted if the application for H1B extension is timely filed by UCLA’s International Office. 2. Portability Rule: If UCLA is NOT the sponsor of the H1-B visa, but UCLA’s Int’l Office files to become the H1-B sponsor then the work authorization begins at the time of the new sponsor’s filing with USCIS and work authorization is extended 240 days from the date USCIS receives application of portability. 3. Affiliation Rule: If UCLA is NOT the sponsor of the H1-B visa then the petitioner of the visa must have a valid affiliation with
petitioner of the visa; therefore, a standard payroll letter must be signed stating they understand and agree that no payment or compensation will be paid to them by UCLA. Dashew Contact:Nino Abueg
DATE: _______________________ NAME; _______________________ ADDRESS: _______________________ _______________________ PHONE #: _______________________ EMAIL: _______________________ RE: An affiliated H1B Visa Holder that is not sponsored by UCLA or that UCLA is not the petitioner of and has a without salary appointment. I, _____________________________, am at UCLA performing the following service: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ ____. I will receive no compensation or reimbursement while at UCLA other than the amount that I receive from my HIB Sponsor, as noted on the “Notice of Action Letter.” NAME (SIGNED) DATE
Example of Affiliated H-1B Visa Letter
This letter should be
letterhead and signed by the H1B visa holder.
O-1 Person of extraordinary
ability in the sciences, education, business or athletics
O-2 The support personnel
accompanying the O-1 visa holders
O
Person of extraordinary ability in the sciences, education, business or athletics
Duration of Status Initial stay: 3 years as indicated
for the duration of the event, production or activity, not to exceed 3 years. An O-1 visa can be extended until the time the individual accomplishes the set task*. Employment** / Independent Personnel Services UCLA must be listed as sponsor on I-797. See sample in H-1b visa section Study Restrictions incidental study Travel Reimbursement May receive reimbursement per UC Travel policy
P’s Entertainers & Athletes
P’s
Internationally recognized artists, entertainers, or athletes who enter to participate in a performance for an American employer.
Duration of status* Up to five years as an individual P-
P’s. Employment** or Independent Personnel Services As long as UCLA is indicated as the sponsor on the I- 797 and the performance requires the services of an individual of international quality. (See I-797 sample in H1b visa section). Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) May receive reimbursement per UC Travel policy
TN
Individuals from Canada or Mexico who enter US under terms of NAFTA agreement as temporary visitors, treaty traders, investors, temporary workers, and professionals
Duration of status 3 years* and can be extended
Employment As long as UCLA is indicated as the sponsor on the I-94 or Notice of Action. Spouse may not be employed. Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) May receive reimbursement per UC Travel policy
Requirements to Obtain TN Status
Requirements to Obtain Status: Per the guidelines set forth by The
Western Hemisphere Travel Initiative (WHTI) obtain boarder crossing documents Citizens of Canada
employment.
Citizens of Mexico
immigrant status at a US Embassy or Consulate in Mexico
I-797 or I-94
Notice of Action (I-797)
Note Petitioner
I-94 may have UCLA designated on the back
Valid period of work
extend work authorization is filed prior to expiration, individual will receive an implied 240 days of work authorization
Renewal Process
Citizens of Canada – May apply while in the U.S.
Citizens of Mexico – Repeat entire process
Extension Rule: 240 day extension in EDB if
TN extension is timely filed with UCLA’s International Offices
K
K1 – Fiancé of a U.S. citizen who is entering the U.S. to
marry the fiancé
K2 – Unmarried minor children of K1 status
Duration of status: Status is valid 90 days from entry. Marriage
must take place within 90 days or the K1 must leave the country. After the K1 marries, must file a separate petition to apply for conditional permanent resident and work authorization. Employment/Independent Personnel Services Payments: Allowed with work authorization
Travel Reimbursement: May receive reimbursement Education: No Restriction
M
M1 - Students who study in the United States at a
vocational or other nonacademic institution. Duration of status: Students on an M-1 visa are
admitted for one year or for the period necessary to complete their course of study plus 30 days to depart, whichever is less.
Employment: M-1 students may not work, except for practical
training, for which approval from USCIS is required.
Independent Personnel Services: Not Allowed Travel Reimbursement: may receive reimbursement as it
relates to approved work authorization
T
T-1 – Victim of a severe form of trafficking in persons T-2 – Spouse of T-1 T-3 – Child of T-1 T-4 – Parent of T-1 Work Authorization: EAD Card Duration of status: May apply for lawful permanent residence status or for an immigrant visa.
V
V1 – Spouse of a lawful permanent resident V2 – Unmarried child (under the age of 21) of a lawful permanent resident V3 – The child or either a V-1 or a V-2 non- immigrant Work Authorization: EAD Card Duration of status: The spouse or child can remain in the US while they wait until they are able to apply for lawful permanent residence status or for an immigrant visa.
when that alien’s entry is determined to be in the public interest.
Employment: Must satisfy the requirement of the I-9 Form Independent Personnel Services: Must have authorization to receive payment Travel Reimbursement: May receive reimbursement per UC Travel Policy
Parolee (PIP)
A temporary immigration status granted to eligible nationals of designated countries.
the initial TPS period and for any extensions of the designation.
return to the same immigration status they had before the TPS.
Temporary Protected Status (TPS)
Public Interest Parole (PIP) & Temporary Protected Status (TPS)
guarantees of work authorization. Visitors must apply for work authorization.
Hondurans & Nicaraguans). Call Payroll Services if you have any questions.
TPS
Non-Employee Visitors
B1 - Visitors for Business B2 - Visitors for Pleasure WB - Waiver Visitor for Business WT - Waiver Visitor for Pleasure
Visitor who enters the US for Business Duration of status: 6 months or less upon entry (see I-94). May be extended by USCIS for additional 6 months. Employment*: NOT ALLOWED Independent Personnel Services: May only receive a one time service payment if all criteria of the American Competitiveness Workforce Act* are met. Travel Reimbursement: May receive reimbursement per UC
Travel policy
B-2
Visitor who enters the US for pleasure or medical treatment Duration of status 6 months or less upon enter (see I-94).
May be extended for additional 6 months.
Employment* NOT ALLOWED Independent Personnel Services: May only receive a one
time service payment if all criteria of the American Competitiveness Workforce Act are met.
Travel Reimbursement May only receive reimbursement if all
criteria of the American Competitiveness Workforce Act are met.
WB
Visitor who enters the US for Business
Duration of status: 90 days or less upon date entered (see I-94). Extension can not be extended. Employment*: NOT ALLOWED Independent Personnel Services: May only receive an payment if all criteria of the American Competitiveness Act are met. Travel Reimbursement: May receive reimbursement per UC Travel policy
WT
Visitor who enters the US as a Tourist
Duration of status: 90 days or less upon enter (see I- 94). Employment*: NOT ALLOWED Independent Personnel Services: May only receive a payment if all criteria of the American Competitiveness Workforce Act are met. Travel Reimbursement: May only receive a Travel if all criteria of the American Competitiveness Workforce Act are met.
Miscellaneous Status’
Since UCLA does not sponsor the following visa statuses visitors with one of these statuses can not be employed or paid as an independent
expenses.
C,D,G,I,L,R,S
The following dependent status cannot be employed or paid as an independent contractor. They may be reimbursed for travel expenses.
H4, O3, P4 and TD
Who Must apply for Work Authorization?
(temporary, unrestricted employment)
The following statuses must apply to USCIS to be work authorized: A2, E2, F1 on OPT, K1, K2, K3, K4, L2, M1, S-6, S-7, T-1, T2, T3, T4, U2, U3, U4, V1, V2, V3 If approved, the USCIS will issue an Employment Authorization Document (EAD).
USCIS Process of issuing EAD
for 1 year increments.
authorization for 2 year increments. Issued to pending permanent residents
mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name
extension 90 days prior to the expiration date of their current EAD
and application has not been adjudicated.
Renewal of the EAD
for an extension at least 90* days prior to the expiration date of their current EAD card.
the EAD application within 90* days from the date they filed their properly completed, then USCIS must issue an interim EAD document
* To ensure processing by USCIS we recommend that the renewal process start 120 days prior to the expiration date of the current EAD card.
Sample Timeline Renewal for EAD
February 28th, 2014
November 28th, 2013 Use InfoPass to obtain appointment
http://infopass.uscis.gov/
I-766 FORM – 1997 Version
Issued January 1997 to replace I-688B
NOTE: Expiration Date
CARD VALID FROM 05/13/08 EXPIRES 05/13/10
Employment Authorization Card (EAD)
Issued June 2004
(hologram)
included.
FRONT HOLOGRAM BACK
I-766
Employment Authorization Card (EAD) I-766
Issued May 11, 2010
Old Card Design New Card Design
Employment Authorization Card (EAD) I-766
Issued October 30, 2012
Alejandro Mayorkas today announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud.
Latest version Front of Card Back of Card
Certificate of Citizenship Form N-55
New Features:
photo and signature embedded into the document.
Unacceptable Documentation
Documents are invalid for work purposes:
Reasons for USCIS to issue an EAD
THE EAD CARD
Maintaining Lawful Status
Since the status indicates the purpose for which an alien enters the US, it is critical that the status is
participating in. (e.g. termination of employment)
termination of UCLA’s visa programs)
Violations to watch out for
activity that violates the terms of the visa classification.
the date indicated on the I-94.
Extensions and Changes of Status
Extension Of Status (EOS) – indicates that a non- immigrant has applied and received an extension
Change Of Status (COS) – indicates that a nonimmigrant has applied and received a change from one nonimmigrant classification to another nonimmigrant classification. From To J1 H1
Adjustment to Status (AOS)
Adjustment Of Status (AOS)– The process in which an nonimmigrant becomes an immigrant (US lawful permanent resident) without leaving the United States. H1B PR
How to become a Permanent Resident – In Brief
(Form I-864) filed by an employer or relative
(Form I-485)
authorization (Form I-765)
For more information:
www.uscis.gov/ 8 CFR § 245.
immediate relatives of US citizens family-sponsored emploment based refugees/asylees
diversity parolees
Legal permanent residents in the U.S. fall into 1 of these categories in 2011
United States. Department of Homeland Security. Yearbook of Immigration Statistics. 2011. Washington, D.C.: U.S. Department of Homeland Security, Office of Immigration Statistics, 2012.
42.67% 22.12% 13.12% 10.64% 6.62% 4.72% 0.11%
employment based
When in doubt about what type of status a visitor will need or how to renew status, call one of the International Offices for assistance Campus Dashew Center (DCISS)
(310) 825-1681
Dean's Office School of Medicine
Visa & Licensing Office (310) 825-2906
The End
You are now an expert on immigration rules that relate to foreign visitors at UCLA!