Employing Foreign Nationals at UCSB

1. Employing Foreign Nationals at UCSB Billy Ko – Scholar Specialist Tanya Plant – Immigration Counselor Office of International Students & Scholars August 18, 2009

2. The Four Questions When you first learn that your Department intends to hire/host someone who is from another country, you will be able to make the best decisions related to timing and paperwork if you obtain the following information: • Nationality of the visitor.What is their country of citizenship, and are they a Permanent Resident of any other country? • Length of U.S. stay.What time have they already spent in the U.S. (if any), and how long does your Dept. intend to employ/host them at UCSB (estimate)? • Payment method and starting date.Will the person bring their own funding, or will they be on Dept. payroll? When would your Department like to have them start? • Past U.S. visas used, and when (including present). What U.S. visa categories has this person used in the past, and for how long did they stay in the U.S. in each category? NOTE:The visitor’s passport identification page is required along with the Four Questions Form.

3. Employment Visa Categories at UCSB • F1 Optional Practical Training – 12 months - with possibility of 17 month extension for STEM employment • J1 Academic Training – 18 months - or 36 months for Postdoctoral Position • H-1B Specialty Occupation - position requires Bachelor’s Degree Minimum. - 6 year maximum limit for H1B continuous employment • J-1 Exchange Visitor Categories: - Research Scholar/Professor – 5 years - Short-Term Scholars – 6 months • TN – North American Free Trade Agreement for Citizens of Canada or Mexico - up to 24 months – renewable without limit as long as position is temporary

4. Processing Time Frames • H-1B and TN – Processing times vary. Check with OISS 5-6 months in advance. • J-1 – DS-2019 Processing: 1 week • F1 – Optional Practical Training (OPT) – apx. 90 days NOTE: employment only begins after EAD card is received • J1 Academic Training – timing varies, but job offer letter required for processing by J1 program sponsor NOTE: Additional time necessary if visitor is abroad and requires a new entry travel visa

5. Hiring into Permanent Positions at UCSB • UCSB applies to sponsor selectees for permanent positions through Labor Certification - otherwise the employment will end with the end of visa permission period. • Labor Certification requires documentation related to open recruitment and applicant qualifications. The department should begin this process at the time of selection for appointment because of the short window of opportunity to submit the application to the Department of Labor. • For the Labor Certification instructions and document checkist, visit OISS website at: http://oiss.sa.ucsb.edu/Departments/LaborCertification.aspx

6. PPS • I-9 form must be completed on or before first day of providing services to UCSB NOTE: See http://oiss.sa.ucsb.edu/Departments/I-9FormInstructions.aspx • Department must see original documents and copy these to attach to I-9 form • Payroll end date must match or come before the employment authorization end date for the visa category • Appointment end date reflects intended position duration NOTE: benefits are connected to the appointment line • For employment extension – Department should begin processing at least 3 months before payroll end date • Update I-9 form to reflect new employment permission period requested/approved

7. Departmental Assistance with Accident and Health Insurance Coverage/ Information • Insurance coverage during travel to U.S. important – please remind visitor to obtain • Insurance coverage before employment-based coverage takes affect – please remind visitor they must provide this • Insurance coverage offered by UCSB position should be clearly defined by UCSB department so that additional coverage can be obtained before travel to the U.S. if necessary. NOTE: J-1 Exchange Visitors must meet US Dept. of State’s J-1 Health Insurance requirement: http://exchanges.state.gov/jexchanges/sponsors/how-to-administer-a-program/administration.html#insurance NOTE:All family coming with the visitor must be covered as well

8. Resources • OISS Homepage: www.oiss.sa.ucsb.edu For outside health insurance - http://oiss.sa.ucsb.edu/Scholars/Insurance.aspx For housing - http://oiss.sa.ucsb.edu/Scholars/Housing.aspx For tax and withholding information -http://accounting.ucsb.edu/Forms/formsinfo/19/