PRO336: Fundamentals of Hiring & Paying Foreign Nationals

1. PRO336: Fundamentals of Hiring & Paying Foreign Nationals

2. Adam Greenfield– University of Florida International Center (UFIC EVS) Susie Studstill – Immigration Compliance Services (ICS) Steve Thomas – Payroll and Tax Services Instructors

3. Housekeeping • Roster • Names • Break • Restrooms • Cell phones, pagers, text messaging • Evaluations: within next 3 days you should receive email request to provide feedback on today’s class! • Workshop counts toward Pro3 certification—HR/Payroll Track

4. Explain the key offices and overview process of hiring and paying a foreign national Review regulations and guidelines that must be followed to hire/pay foreign nationals Identify how to accurately and efficiently assemble the tax package for foreign nationals by understanding federal and university requirements Objectives

5. General Overview of the Foreign National Hiring/Paying Process

6. Your Role • As a department administrator, you will be asked to: • Be the primary contact to and for the foreign national new hire or visitor • Assist in compiling all necessary documentation to hire/pay a foreign national • Work with all the core offices involved in the process of hiring/paying a foreign national • Thank YOU for your commitment to help UF reach Top 10!

7. New Department Administrator: Annie Meet Annie, a new department administrator who does not know where to start with the foreign national hiring/paying process. Annie has been asked to assist in the process of bringing Dr. Veena Patel to help conduct a research project that will last approximately a year. Let’s help Annie get started…

8. Dr. Veena Patel Dr. Patel is a well-known researcher at Punjab University in India. During her time as a doctoral student, she spent a year working with Dr. Roman 5 years ago.

9. Who’s Who in the Process? UF offices involved in the foreign national hiring/paying process UF Department Immigration Compliance Services UF International Center Payroll & Tax Services Human Resource Services Academic Personnel Student Employment

10. External Offices • Department of Labor (DOL) • Department of State (DOS) • Internal Revenue Service (IRS) • U.S. Citizenship & Immigration Services (USCIS) • U.S. Customs & Border Protection (CBP) • Social Security Administration (SSA)

11. Pre and ePAF Workflow • Foreign national hiring/paying process is divided in two sections: • Pre ePAF Workflow • ePAF Workflow • ePAF (Electronic personnel action form): The myUFL system to hire a person • This section should not be started until the pre ePAF workflow is completed

12. Pre-ePAF Workflow

13. Unit: Department Administrator Step: Hosting/hiring department decides to invite foreign national Information: - Purpose of visit - Type of payment - Dates of the visit - Visa Type Unit: Department Administrator Step: Foreign national receives offer from hosting department Information: - Offer letter including payment Information Unit: Department Administrator Step: If foreign national is applying for a J-1 or H1-B visa, electronic process must be initiated with appropriate office UFIC (J-1) and ICS (H1-B) Information: - Offer letter - Payment Information Unit : Foreign National Step: Foreign national arrives at UF Information: - Valid passport - I-797 - VISA - DS-2019 - I-94- I-20 - Offer letter Unit: Foreign National, Department Administrator, UFIC Step: Foreign national (J-1 and F-1) check-in with UFIC for SEVIS activation Required Documents: - I-94 - Valid passport - DS20-19/I-20 - Health insurance Unit: Foreign National, Department Administrator Step: Tax package is sent to Tax Services Information: - FNIF Form - Each type of payment type/visa requires different documentation Unit: Tax Services Step: Tax Services produces TaxNav documents tailored to each foreign national. These documents are sent to the hosting department for the foreign national to sign Information: - TaxNav documents • Unit: Department Administrator • Step: TaxNav documents signed by foreign national is scanned and attached to the foreign national’s ePAF • Information: • Signed TaxNav documents Unit: Department Administrator Step: Foreign national's ePAF is put into the electronic workflow Information: - Foreign national paperwork completed and approved - ePAF information in the system - Information in Job Data - SSN and Timesheet

14. ePAF Workflow

15. ePAF Workflow Department PeopleSoft Input (ePAF) Level 1 Approval Payroll & Tax Services Confirms dept input, FTE, etc. Level “1.5” Approval • Human Resources • OPS • TEAMS • Academic Personnel • GA, RA & TA • Fellowship • Post Doc • Medical Resident • Faculty • Award • Payroll & Tax Services • Royalty • Indep. Contractor • Add. Pay Scholarship • Honorarium Level 2 Approval • Student • Employment • Student Assistant

16. Back to Annie While this information is helpful in understanding the general process of employing a foreign national, Annie does not know how to answer her faculty’s question on what type of visa should Dr. Patel apply for…

17. Purpose of Visit Determines Payment Options

18. Visa Application: Points to Consider • Applying for a visa is the responsibility of the visitor. However, visitors do not determine what type of visa they will apply for. As an institution, UF must consider the following points to decide which type of visa is appropriate in each case: • Types of programs available given the purpose of the foreign national’s visit/hire • Duration of the visitor’s planned program at UF

19. Purpose of Visit • Step 1: Why is the foreign national being hired or visiting? • Does the foreign national have a special skill set? Is he/she lecturing, conducting research, or both? • What is the complete agenda for the foreign national’s stay at UF? • What is the expected duration of the position/visit? • What is the anticipated start date for the foreign national? • What is the foreign national’s current immigration status? Past immigration status history?

20. Purpose of Visit Once you determine why the foreign national is being hired or is visiting, you can narrow the possible types of payments he/she can receive and what types of visas he/she is eligible for.

21. Dr. Veena Patel • What do we know about Dr. Patel? • She is a well-known researcher in her field that can make special contributions to Dr. Roman’s study • She is not interested in relocating to the U.S. but would like to contribute to Dr. Roman’s study • She would like to begin the following year in the summer • She worked under Dr. Roman as a J-1 Scholar

22. Dr. Veena Patel • Discuss with a partner: • What is Dr. Patel’s purpose?

23. Possible Payment Options • Step 2: What are possible payment options available to foreign nationals? • Wages (recurring) vs. Non-wages (one-time payments)

24. Possible Payment Options • Wages • Recurring payment, when someone is hired to work for UF • Foreign national receives a bi-weekly paycheck from UF

25. Possible Payment Options • Non-Wages • Honorarium: One-time payment for a service provided to the university (ex. speech, presentation, lecture, etc.) • Travel Reimbursement: A one-time payment with support documentation (receipts) of the expenses incurred by the traveler to perform a service for the university • Research Participants: Foreign nationals who are participants in a study conducted at UF, but are not the ones conducting the research

26. How to Pay Dr. Patel? • Reflect • Dr. Patel will be working in a lab for a year. Would it be most appropriate to pay her wages (recurring) or non-wages (one-time payment)? • Wages since she will be here for a year.

27. Foreign National Status • Step 3: Determine the visa status that best fits the purpose of the hiring/payment of the foreign national • Employment-eligible visas: F-1, J-1 • Employment-based visas: H1-B, TN, E-3, O-1 • B-1/B-2 visas • Permanent Residency

28. Employment-Eligible Visas

29. Employment-Eligible StudentVisas • F-1 Status • F-1 is automatically authorized for on-campus employment, including assistantships • On campus only/grant positions • 20 hours per UF work week (Friday -Thursday) fall/spring semesters • Full time during breaks and summer vacation

30. Employment-Eligible Student Visas • F-1 Status • CPT (Curricular Practical Training): Internships and practicum, done during the program of study, which must be authorized by UFIC • OPT (Optional Practical Training): 12 months of employment allowed upon completion of the student’s degree program; employment is authorized by Department of Homeland Security

31. Employment-Eligible Student Visas • F-1 Status • OPT STEM (Science, Technology, Engineering, or Mathematics) Extension: an additional 17 months of employment for students in STEM degree programs; employment is authorized by DHS • Dependents enter the U.S. as F-2 visa holders and may not work under any circumstances • For more information on F-1 visas, attend PRO325 Immigration 101: Student Regulations

32. Employment-Eligible Student Visas • J-1 Student Status • J-1 must have prior authorization from UFICand hosting department • 20 hours per UF work week (Friday -Thursday) fall/spring semesters • Full-time during breaks and summer vacation

33. Employment-Eligible Student Visas • J-1 Student Status • Academic Training – May be done during or after the completion of the degree program • Authorized by UFIC • Up to 18 months duration • Doctoral students may apply for an additional 18 months for postdoctoral work • Dependents enter the U.S. in J-2 visa status and may engage in full or part-time study • Dependents may work full-time at any position with prior authorization from USCIS(EAD Card)

34. Employment-Eligible Visas • Other Types of J-1 Status • Categories: Short-term Scholar, Research Scholar, Professor, Student Intern • Purpose: Invited to teach, lecture or conduct research • May earn unlimited income from university • Must provide evidence of adequate financial support for length of program (self-funding is permitted)

35. Employment-Eligible Visas • J-1 Status • Maximum period of stay is five years • Classification limits change in category and in program objective • Dependents enter the U.S. in J-2 visa status and may engage in full or part-time study • Dependents may work full-time at any position with prior authorization from USCIS (EAD Card)

36. Overall J-1 Application Timeframe • Overall process (including visit to consulate) may take 3 – 6 months for foreign nationals on J-1 visas to start at UF • Requirements: • When inviting J-1 visa holders, host department must issue offer letter to foreign national, compile and submit invitation package to UFIC (Exchange Visitor Services) for the DS-2019 to be issued to a foreign national visitor • $100 fee for DS-2019 processing (paid to DOCE by foreign national or hosting department) • SEVIS: Student and Exchange Visitor Information System fee (paid to U.S. government by foreign national or hosting department) • Visa application (paid to U.S. government by foreign national or hosting department)

37. What Visa for Dr. Patel? • Reflect • Based on Dr. Patel’s situation and the information you reviewed about F-1 and J-1 visas, would you recommend any of these visas? Why or why not? • J-1 visa • What about the category? Under J-1 visas, you can have visitors/hires come as a Short-term Scholar, Research Scholar, Professor, or Student Intern. • Research Scholar • This appointment is not meant to be permanent and Dr. Patel is going to be conducting research only.

38. Employment-Based Visas

39. Employment-Based Visas H-1B,TN, E-3 and O-1 Status Sponsorship-Eligible UF Positions Academic PositionsTEAMS Positions Assistant Professor Accountant Assistant Scientist Biological Scientist Assistant Instructor Business Manager Assistant Engineer Chemist Lecturer Coordinator Post-Doctoral Associate Director Resident / Intern Professional Engineer Adjunct Professor Senior Chemist Visiting Assistant Professor Specialist

40. Employment-Based Visas • H-1B Status • Offer of employment in specialty occupation that requires the incumbent to teach, lecture, conduct research or perform professional duties • Limited to specified income from university • Note: USCIS permission required to change conditions • (Example: work location) • Change of employer is permitted (“portability”)

41. Employment-Based Visas • H-1B Status • Concurrent employment is permitted • Part-time employment is permitted (no minimum FTE established) • Dependents arrive as H-4 visa holders and may engage in full or part-time study, but may not obtain employment

42. Employment-Based Visas • H-1B Status • Maximum period of stay is six years; however, requested validity periods are limited to three-year periods • Status provides beneficiary with dual intent: visitor with intent to pursue permanent residence in the U.S. or intent to return to home country • H-1B cap exemption for universities and colleges • Fees associated with sponsorship of H-1B

43. Overall H-1B Application Timeframe • Generally,H1-B visas require a minimum of 9 months for processing • To begin the process of sponsoring an H1-B petition, departments must submit an electronic request to Immigration Compliance Services (ICS) • Fees are attached to the H-1B application process • Fragomen Law firm • http://ufl.fdbl.com

44. Prevailing Wage Determination • Definition: A prevailing wage is a rate of pay calculated based on the average wages in a particular geographic area for a given employment position • Requirements for a prevailing wage determination are: • Job duties • Experience required • Work location • 60-day wait period • Salary offered must meet or exceed the prevailing wage determination

45. Employment-Based Visas • TN (Trade-NAFTA) Status • Limited to Canadian and Mexican citizens • Offer of employment in specialty occupation • Unlimited income from the university; however, income from other sources cannot be earned without approval from USCIS • Maximum period of stay is three years, but renewable annually for an indefinite period of time, for three-year spans

46. Employment-Based Visas • TN (Trade-NAFTA) Status • Canadians citizens are exempt from visa requirement; Mexican citizens must obtain visa stamp • Permitted to enter the U.S. after presenting a valid passport, an offer of employment letter for a specialty occupation and submitting a $50.00 processing fee to U.S. Customs & Border Protection (CBP) • Dependents enter the U.S. as TD visa holders and may not obtain employment, but may engage in full or part-time study

47. Employment-Based Visas • E-3 Status • Limited to Australian citizens • Offer of employment in specialty occupation • Maximum period of stay is two-year period, but renewable annually for an indefinite period of time, for one-year spans • Unlimited income from university, exclusively. Income from other sources cannot be earned without approval from USCIS

48. Employment-Based Visas • E-3 Status • Not eligible for tenure earning positions at the university • Dependents also enter the U.S. as E-3 visa holders who may obtain employment with authorization from USICS and may engage in full or part-time study

49. Employment-Based Visas • O-1 Status • Offer of employment for position that requires the incumbent to teach, lecture, conduct research or perform professional duties, but indication that position is temporary in nature is required • Unlimited income from university, but permission from USCIS to earn income from another source is required

50. Employment-Based Visas • O-1 Status • Numerous documents are required to provide evidence that the beneficiary is Outstanding • Initial sponsorship period may span a two-year period; however, extensions may be requested for a one-year period and no maximum period of stay has been established • Dependents arrive to the U.S. as O-3 visa holders who may engage in full or part-time study, but may not obtain employment