Letters and Science Administrative Topic of the Month: Immigration

1. Letters and Science Administrative Topic of the Month: Immigration Jennifer Taylor

2. Today’s Objectives • Overview of Common Statuses • Who is eligible • Intent/purpose • Length of stay • Relevant documents • Processing times • Fees and costs • How HR affects Immigration • I-9 Compliance

3. Basic Immigration Terminology Beneficiary = Foreign National CBP = Customs and Border Protection CFR = Code of Federal Regulations COS = Change of Status DHS = Department of Homeland Security DOS = Department of State EE = Employee FN = Foreign National ICE = Immigration Customs Enforcement INA = Immigration and Nationality Act INS = Immigration and Naturalization Service Petitioner = UW-Madison Department (in most cases) PR = Permanent Resident (aka “Green Card”) USCIS = U.S. Citizenship & Immigration Service WAE = Work Authorization End (for the I-9; the date someone can legally work until)

4. International Faculty & Staff Services • Provides comprehensive assistance to the University of Wisconsin on all aspects of non-studentimmigration • IFSS does not provide legal assistance to employees • UW is its “client” • Acts as the liaison between the UW and all government agencies involved in immigration matters • Ensures the UW and its employees are in compliance with immigration laws and regulations as it relates to employment with the UW

5. Current UW-Madison Stats • F-1: 6,000+ • J-1: 2,000+ • H-1B: 400 active at any time • PR: UW sponsors approximately 50 per year

6. Federal Agencies

7. Department of Homeland Security

8. Department of State U.S. Embassies and Consulates around the world

9. Department of Labor Employment Standards Administration (ESA) Employment and Training Administration (ETA) Bureau of International Labor Affairs (ILAB) Office of Foreign Labor Certification (OFLC)

11. Legal Resources/Citations • Immigration law is federal law, not state law or UW policy • Applies only when inside U.S. • Title 8 of the C.F.R. – deals with "Aliens and Nationality," as does Title 8 of the U.S. Code • Statutes governing immigration law in the Immigration Nationality Act (INA), enacted in 1952 • USCIS Federal Register Publications, including notices, proposed, interim and final rules • Foreign Affairs Manual (FAM) – Chapter 9 (visas) • WI State Statute 14.11(2) prohibits WI state agencies from employing special counsel without Governor’s approval

12. Overview of Immigration at UW-Madison Are you ready?

13. Immigration Categories Immigrant Non-Immigrant Persons seeking entry into the U.S. for a limited period of time and a specific purpose More than 20 nonimmigrant categories: A-V Category depends on the purpose of entry into the U.S. • Persons seeking to remain in the U.S. permanently • 13 immigrant categories • May engage in almost all types of employment • After requisite period of residence –may apply for U.S. citizenship (i.e. naturalization)

14. Status versus Visa Status Visa Issued by a U.S. embassy or consulate abroad Stamp/sticker laminated into the passport Can expire while in the U.S. Can have more than one visa stamp in the passport • Legal category under which the visitor was admitted by CBP • Dictates the purpose of this visit • Dictates what actions are permissible and prohibited • Dictates the length of stay • Can change status inside US* • IFSS assists in obtaining the status

15. Common Statuses at UW Immigrant Category Non-Immigrant Categories B-1/B-2 F-1 and F1/OPT J-1 H-1B • Permanent Resident

16. B-1 and B-2Visitors for Business or Pleasure • They are here to visit! • Cannot be an employee (not even $0) or paid wages* • Length of stay determined by purpose of visit • Typically, no longer than 6 months • CBP makes determination at the time of entry into U.S. • Travel expenses can be reimbursed (contact Accounting Services) • Apply for visa stamp or, if eligible, Visa Waiver Program (VWP) • IFSS cannot sponsor or assist with B-1 applications *can be paid honorariums only on B-1

17. B-1: Business Visits B-2: Tourist Visits Tourism Vacation (holiday) Visit w/ friends or relatives Medical treatment Participation in social events hosted by fraternal, social or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrollment in a short recreational course of study, not for credit toward a degree • Consult with business associates • Attend a scientific, educational, professional or business convention or conference • Settle an estate • Negotiate a contract

18. NOT permitted in B status Employment Study $0 appointments Paid performances or any professional performance before a paying audience Arrival as a crewmember on a ship or aircraft Work as foreign press, radio, film, journalists, or other information media Permanent residence in the U.S.

19. F-1International Students • Students attending a full-time degree or academic program at a school, college, or university • Can only work 20 hours per week while classes are in session • Can work full time during breaks • ISS office generates the Form I-20 • No cost to the UW

20. F-1/OPTInternational Students on Optional Practical Training • Recent graduates • Work must be in his/her field of study • All graduates eligible for 12 months of OPT • Specific questions should be addressed to the ISS

21. F-1 OPT and STEM • Science Technology Engineering and Mathematics graduates eligible for an additional 24 months of OPT only if: • Employer is enrolled in E-Verify and • Employer runs every employee through E-verify. • UW-Madison not an eligible STEM employer • Federal contractor for E-verify • Does not run every employee through E-verify.

22. J-1 Categories Available to UW-Madison to use: Not available to UW-Madison to use: Au Pair Camp Counselor Government Visitor Intern International Visitor Alien Physician (ECFMG only) Secondary School Student Summer Work Travel Teacher Trainee • Professor and Research Scholar • Short-Term Scholar • Specialist • Student (ISS)

23. J-1 Exchange Visitor Scholars • Individuals seeking a cultural and knowledge exchange in the U.S. • Teach, study, conduct research, or receive on the job training • Must have a completed a Bachelor’s degree • Can be paid or unpaid by the UW • At UW, mostly postdocs and employees-in-training • Mandatory health insurance requirement • No clinical (direct patient contact) work allowed • English proficiency is required • Length of stay: 1 day  5 years • IFSS office generates the DS-2019 • No cost to the UW

24. H-1B Temporary Worker in Specialty Occupation • Individuals seeking temporary employment in the U.S. • To qualify for an H-1B, both conditions must be met: • Position must require at least a Bachelor’s degree in a specialty occupation, AND • Beneficiary must possess at least the required minimum qualifications for the position.

25. H-1B Temporary Worker in Specialty Occupation • Employer and employment specific • Must be paid by the UW at least the prevailing • wage as set forth by the DOL • Length of Stay: 1 day  6 years* • Status valid in increments up to 3 years at a time • IFSS files petition, USCIS adjudicates • Form I-797 • Cost to the UW: $460 - $2,370 (paid by department)

26. Additional Statuses • E-3 • Similar to H-1B • Only for Australians • Must be paid employee • TN • Trade NAFTA Treaty • Only for Canadians or Mexican citizens • Must be paid employee • O-1 • Outstanding Ability • Must be paid employee

27. LPR or PRLegal Permanent Residents • Green card holders • Authorized to live and work on a permanently in the U.S.  • Several ways to obtain PR: • Through a job • Through family • Through asyleeor refugee status For more, go to www.uscis.gov/green-card

28. Permanent ResidencyTeaching Faculty • UW-Madison is committed to pursuing permanent residency for teaching faculty so it may continue to employ those individuals • Employment Based Second Preference (EB-2) Petition • Professionals holding advanced degrees or exceptional ability • Must have teaching component and be a full time permanent position • National recruitment must be conducted that meets DOL standards • PVL and ads must meet DOL requirements • PERM Labor Certification must be filed • Select the most qualified

29. Permanent ResidencyAcademic Staff Research Positions • Departments & IFSS decide whether the need for the employee’s services necessitates an application for permanent residence • Limited options for UW sponsorship • Employment Based First Preference (EB-1B) Petition: • Professionals with extraordinary ability • Demonstrated through sustained national or international acclaim • Think Pulitzer, Oscar, Olympic Medal, Nobel Peace Prize • Must have at least three years of post-degree experience • Petition is very subjective

30. Permanent ResidencySelf Sponsorship • Anyone can apply for PR on their own at any time • If employee uses an attorney, s/he can only file certain employment based PR petitions (EB-1A and NIW) • Any family based petition can be filed • IFSS has a partial list of attorneys in Madison, Milwaukee and Chicago who can help • Ask colleagues • AILA – www.aila.org • WI Bar Association – www.wisbar.org

31. Permanent ResidencyAdditional Information • Status never expires but card does • PR card valid typically for ten years • Must be a PR for several years before applying for citizenship (naturalization) • IFSS cannot assist with naturalization applications

32. Timeline with IFSS

33. Timeline with Governmental Agencies

34. How HR Affects Immigration

35. HR and immigration don’t always agree…

36. Recruitment & Selection • HR does this first: • Determine unit need • Write the position description/position vacancy listing • Advertise • Screen applicants for eligibility • Interview • IFSS does this second: • Determine eligibility for sponsorship • Determine realistic start date

37. Writing the PD/PVL/PVL Waiver • Title • What is appropriate for the duties? • Use an official UW title • Degree and field of specialization • List what is needed for the job • What is standard in the industry • O*Net • Occupational Outlook Handbook • Minimum experience • Quantify • Required vs. preferred • Duties • Additional information

38. Screening, Hiring and Onboarding • Is the applicant qualified for the position? • Does the applicant meet the minimum qualifications? See PVL • You need to be able to justify the hire • HR and employee do these first: • Complete new employee paperwork, such as: • I-9 (record the end date so you can reverify timely) • Payroll and benefits paperwork • Appointment in HRS is active • Glacier account • Sign up for health insurance timely • Other department specific tasks

39. I-9s and Employment • I-9 must be completed for EVERY employee • U.S. citizens, permanent residents and FNL • FNL=alien authorized to work until • Section 1 must be completed on or before the first day of employment • Section 2 must be completed on or before the third day of employment • If not completed by third day, must terminate employment • Section 3 by the rehire date or by the WAE dateOnly 60% compliant!

40. I-9 Not Needed • $0 honorary • Postdoctoral Fellow—X10NN • Postdoctoral Trainee—X30NN • Graduate Intern Trainee—X75NN • Fellow—Y21NN • Scholar—Y22NN • Trainee—Y23NN • Advanced Opportunity Fellow—Y26NN • If electronic I-9 done and no break in service even if I-9 more than 3 years old.

41. Impacts of Work Authorization End (WAE) date • When a FNL is hired and the I-9 is completed, the WAE date must be noted by the employing unit. • Six months prior to the WAE date, the unit should notify the EE of the upcoming end date. • Department should remind EE to get renewed work authorization or • Department works with IFSS to change, extend status so EE can continue to work. • When work authorization expires, the employee can no longer be an active EE. Employment must be terminated. Volunteering is not an option. • EE can be rehired once s/he has new work authorization.

42. Many HR actions occur during employment. It’s critical that you, our HR partners, understand the impacts of HR actions on immigration.

43. During Employment • Common HR actions • Rate changes • Title changes • Percent changes • Change of duties • Promotions • Department change • Unpaid to paid appointments • Potential Immigration Impact • Amendment could be needed before change can go into effect • Eligibility for a particular visa status could change • Employee can lose or gain eligibility for State Group Health (thus potentially eliminating the need for SHIP)

44. OHR Approval Chart • https://uwservice.wisconsin.edu/hrs/jems/ • Look at Column N • IFSS= International Faculty and Staff Services • BN = Benefits • PY = Payroll

45. Termination • Termination • Layoffs • Non-renewals • Department change • Resignation • Potential Immigration Impact • Return transportation offer could be required • Employee may or may not have a grace period in which to find new sponsorship or leave the U.S. • If moving to new job at UW, amendment may be needed before new job can start • Federal agencies require us to notify them when someone leaves so the UW is no longer liable for wages anymore

49. 21 North Park Street, Suite 5101 Phone: 265-2257 Web: www.ohr.wisc.edu/ifss Jennifer Taylor: jennifer.taylor@wisc.edu Katie Tollefson: katie.tollefson@wisc.edu Kim Maday: kim.maday@wisc.edu Kailee Gawlik: kailee.gawlik@wisc.edu Rita Knox: rita.knox@wisc.edu We are here to help!