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HR Liaisons Meeting

HR Liaisons Meeting. August 19,2010. Welcome Tri-Rail Employer Discount Program Benefits Update Immigration Basics: H-1B Visas Other Updates Wrap Up. Agenda. Tri-Rail Employer Discount Program.

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HR Liaisons Meeting

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  1. HR Liaisons Meeting August 19,2010

  2. Welcome • Tri-Rail Employer Discount Program • Benefits Update • Immigration Basics: H-1B Visas • Other Updates • Wrap Up Agenda

  3. Tri-Rail Employer Discount Program

  4. Effective immediately, employees may take advantage of the Tri-Rail Employer Discount Program • FIU employees receive a 25% discount on monthly or 12-trip tickets • Tri-Rail Offers: • A relaxed commute in air-conditioned comfort • Convenient ticket purchasing at all train stations • Free parking and easy connections to Metrorail and Metromover • Access to the Emergency Ride Home Program, which provides free taxi service in an emergency situation to those registered with South Florida Tri-Rail’s EDP • Access the online EDP member application by visiting www.tri-rail.com and clicking on “Programs” Tri-Rail Discount

  5. Benefits Update

  6. Adoption Benefits Program • Effective July 1, 2010, the Florida Legislature passed House Bill 5305 that removed Adoption Benefits Program from Florida Statutes • Open Enrollment • Open Enrollment begins on Monday, September 27 and ends on Friday, October 22 • In preparation, please ask faculty and staff in your area to visit http://hr.fiu.edu/uploads/Mail/08_16_2010/Preparing_for_Open_%20Enrollment.pdf • Guide provides information on how to verify your mailing address, access PeopleFirst and upcoming “Understanding Your Benefits” workshops Benefits Update

  7. Immigration Basics:Overview of Procedures andObligations for EmployersPart 1: Nonimmigrant Visas Fragomen, Del Rey, Bernsen & Loewy, LLP

  8. Aaron M. BlumbergAssociateFragomen, Del Rey, Bernsen & Loewy, LLPOne Alhambra PlazaSuite 600Miami, Florida 33134Telephone: (305) 774-5800Fax: (305) 774-5800E-Mail: ablumberg@fragomen.com

  9. Immigration Overview

  10. 3 Categories of People in the U.S. - Citizens - Immigrants - Nonimmigrants

  11. Nonimmigrants • Coming to the U.S. temporarily • Retain residence abroad • Dual intent - only for H’s and L’s • “Alphabet Soup” - A-V • Important Visas to Know: H-1B, TN, E-3, F-1, J-1 • Immigrants vs. nonimmigrants

  12. Immigrants • “Green card holders” = “permanent residents” = “immigrants” • Coming to U.S. permanently • Numerically limited - Visa bulletin - Priority date • Can become U.S. citizens after 3 - 5 years

  13. Understanding the Documents

  14. Visa Stamp

  15. I-94 (D/S)

  16. I-94 (Expiration Date)

  17. I-797 Approval Notice & I-94 Card

  18. I-20 (F)

  19. DS-2019 (J)

  20. Form I-9

  21. H-1B Work Visa

  22. H-1B Category: USCIS Provisions • H-1B visas are for temporary (nonimmigrant) workers engaged in a specialty occupation that requires (1) theoretical and practical application of highly specialized knowledge and (2) attainment of a bachelor's or higher degree, or equivalent experience, in the specific specialty for entry into the occupation. • “Specialty Occupation” -- Entry level requirement = minimum Bachelor Degree or equivalent • 3 for 1 rule -- 3 yrs. experience = 1 yr. of college • Labor Condition Application (LCA) certified prior to filing petition • Six-year maximum stay (can extend under certain circumstances - AC-21) • 65,000 annual ceiling, of which 6,800 are set aside for citizens of Chile and Singapore • 20,000 additional visas allocated to holders of advanced degrees from U.S. universities

  23. H-1B (continued) • Reasonable costs of return transportation for dismissed employee • Cap Subject vs. Cap Exempt - Cap Subject: File on 4/1 for a start date of 10/1 - Cap Exempt: File at any time • Find out who sponsors H-1Bs: http://www.myvisajobs.com/ • What are the government fees? ($320, $500, $750/$1500); What are standard legal fees?

  24. H-1B (continued) • H-1B visas are valid for 3 years and can be extended for an additional 3 year period for a total of 6 years in H-1 status. Previous stays in L-1 or H-1 status (but not L-2 or H-4 dependent status) count towards maximum period of stay. (See later slide on Calculating Max Stay.) H-1B visas can be extended past the 6-year maximum in certain situations.

  25. Cap Gap Automatic Extension • Automatic Extension of your OPT work authorization to September 30th: This happens if your approved OPT end date (on your EAD card) is April 1st, 2009 or later.  - For example:  if your OPT ended on or before March 31st, you would not be eligible for extension of work authorization until September 30th, 2009. However, you would be allowed to stay in the US if you otherwise maintain your status. • Extension of your F-1 “duration of status.”  This happens if your OPT had expired before April 1st, 2009.  Again, you would be allowed to stay in the US if you otherwise maintain your F-1 status, but you are not authorized to work until the H-1b petition is approved and goes into effect October 1st, 2009. • Eligibility: - H-1B petition has been timely filed (within the acceptance period) - Requests an employment start date of October 1st - Requests a change of status • Beware of international travel during the cap gap!!

  26. Labor Condition Application (LCA) Obligations

  27. Procedural Requirements of the LCA • The U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor. The employer must attest to certain things in the LCA, such as paying the FN at or above the prevailing wage for the position. • U.S. employer must post the LCA and, within 24 hours after filing, must include the LCA and other documentation in a public access file. • After the LCA, the employer must file an H-1B visa petition with USCIS. On the USCIS petition, the employer must show that job offered is professional and that there is a nexus between foreign national’s credentials and the position offered.

  28. General Requirements • LCA required for every H-1B petition and all H-1B1 & E-3 applications • Purpose – to protect wages and working conditions of U.S. workers • Employer makes attestations on LCA • 10 day posting requirement at work site (2 locations) • LCA form filed electronically with DOL • Public Access File (PAF) created and maintained within 24 hours of filing LCA • Copy of LCA provided to employee on/or before 1st day of employment.

  29. Information Needed to Prepare the LCA • Job title • Salary • Job location • Job description • Minimum requirements for the position

  30. LCA Attestations • All employers must attest: • Working conditions of U.S. workers will not be adversely affected • There is no strike or lockout • H-1B workers will be paid the higher of the prevailing or actual wage • Notice has been provided to all employees

  31. Wages • Actual Wage • paid by the employer to US workers • in the same position • at the same work site • with similar experience and qualifications • Prevailing Wage • State Workforce Agency (SWA) • Published survey • Other source • Required Wage – higher of the actual or prevailing (must meet 100% of prevailing)

  32. Prevailing Wage • Determine Prevailing Wage Source • Must be for area within commuting distance • Use weighted average (mean) or median • Employer must pay at least 100% of prevailing wage

  33. Fringe Benefits • Same benefits as “similarly situated” US workers • “Multi-national” H-1B worker may stay on “home country” benefits plan, if: - in US less than 90 consecutive days; - if greater than 90 days - reciprocal treatment for US expatriates, employed abroad, foreign benefits are comparable, US health coverage, same “direct benefits” • Documented in Public Access File

  34. Public Access File (PAF) • To be maintained by employer • For every LCA • Retain for 1 year from expiration of LCA or withdrawal of LCA • Must be available for inspection by anyone • Must be created within one working day after the filing of the LCA

  35. Required Documents for the PAF • Copy of signed approved LCA • Statement of actual wage (Handout 6) • Explanation of actual wage system (Handout 7) • Copy of document used to establish the prevailing wage • Posting confirmation (Handouts 8 & 9) - electronic or manual posting

  36. Required Documents for the PAF (cont’d) • Summary of benefits * • Cover pages 9035CP * • If change in corporate structure, sworn statement * may be placed in a Master File

  37. LCA penalties • Assessment of back wages • Civil fines of $1,000 - $35,000 • Debarment from receiving approval for nonimmigrant and immigrant petitions for 1-3 years • Debarment from filing labor certifications or LCAs for 1-3 years

  38. Fragomen Specific Policies and ProceduresHow to Process an H-1B

  39. The IHP (Immigration Home Page) • The Dept must obtain authorization from HR to proceed with the sponsorship • The Dept and/or HR MUST initiate a case online on the IHP (https://fiu.fdbl.com/) by completing the “Nonimmigrant Visa Employer Questionnaire” • Once we get the employer questionnaire, we contact the employee to complete the employee questionnaire • We cannot begin working on a case until we have the completed Employer and Employee questionnaires.

  40. When Should I Initiate a Case? • THE EARLIER THE BETTER! • Recommended: Initiate Cases 6-8 months in advance • BUT, do not issue filing fee checks right away

  41. Fragomen Rush Fees vs. USCIS Premium Processing Fees • Fragomen Rush Fee = $735 • The Fragomen Rush Fee must be paid when a case needs to be FILED within 60 days • USCIS Premium Processing Fee = $1000 • Normal USCIS Processing Time = 3 months • Premium Processing = 15 calendar days

  42. When is Premium Processing NOT Needed? • Premium Processing is almost never NEEDED for a change of employer or extension of H-1B status • Change of Employer = Employee is currently working for another employer in H-1B status - We can only file a change of employer if the employee has not been out of work for more than 30 days - Example: Employee stops working for Company A on 7/10/2010; it is now 8/19/2010 and we want this person to start working ASAP. This person must depart the US and apply for the H-1B visa abroad, change of employer is not allowed in this situation • Extension of Status: As long as the extension petition is filed BEFORE the current H-1B expires, the employee is authorized to work pursuant to their receipt notice for up to 240 days

  43. When is Premium Processing Sometimes Needed? • Change of Status: Most common is changing from F-1 or J-1 to H-1B; employee cannot start working until petition is APPROVED • Consular Notification: When the employee is abroad - Please factor in added delays such as scheduling a visa appointment and getting the visa stamp

  44. Who Pays for Premium Processing? • Employer: When the University needs the individual to start working immediately • Employee: When the employee wants the approval so that they can travel or for piece of mind

  45. Prevailing Wages • Two ways to get PW: Through Dept of Labor OR through FLC Data Center (website) • DOL Wages: DOL will issue a wage by going on FLC Data Center themselves and finding the appropriate job code and wage level • SAFE HARBOR • When we get the wage on our own, we run the risk of creating liability for the University • Wages for Professors are straight forward and do not require DOL assistance • Wages for Computer and Administrative Jobs should be sent to DOL for their wage determination

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