Hiring Internationals at IU

1. Hiring Internationals at IU Presented by: Charles Bankart Assistant Director for Scholar Services Rendy Schrader Associate Director, Office for International Services

2. Non-Immigrant • Letters A-V, end date, restrictions B-1/B-2, F-1/F-2, J-1/J-2 are common • Non-immigrant work visas: • F-1 Practical Training • J -1 Academic Training • J -1 Faculty or Researcher • J -2 Spouse or Child • H-1 Specialty Occupation • O-1 Extraordinary • TN (Treaty NAFTA --Canada/Mexico

3. Knowing your options…. • Short-term Visitors • Visa waivers for business & tourist purposes (WB/WT) • Tourist and business visas (B-1 and B-2) • J-1 Visa for short-term visits (6 mths or less) • Longer-term Visitors and International Hires • Visiting visas for professors & researchers (J-1) • Employment-based visas (H-1B) • When a Visa Isn’t an IU Issue or Necessary • Canadians, asylees, permanent residents, & those here under sponsorship from another program (e.g. Fulbright)

4. University HR Students DOL Departmental Needs DHS

5. Pre-Grad Visa Properties

6. SAAs Contract vs. reality Hourlies Hours = hours SAAs vs.Hourlies Combinations??

7. Post Grad + Visa Properties

8. IU Roles for Hiring Purposes(Post Grad)

9. H-1B Characteristics • 3 years, renewable to 6 years max • Job specific • Job must require Bachelors • Salary must be competitive • Allow processing time

10. Labor Condition Application (LCA) • Establishes salary conditions with the Department of Labor (NOT USCIS) for H-1B visa. • Has no relationship to Labor Certification (LC) and permanent residence application.

11. H-1B Visa Petition (USCIS) • Document that position requires a professional. • Document that foreign national fulfills position requirements. • Submit application with approved LCA **May apply up to 6 months in advance of start date

12. H-1B Fees • $185 application fee • $500 anti-fraud detection fee

13. Permanent Residency • Many different employment-based routes to PR • PERM provides new guidelines • Allow long processing times

14. PERM • New: electronic labor certification filing procedure, effective March 28. • Time limits for recruitment: • Regular, within 180 days of submitting • Teaching, within 18 months of offer letter • Processing within 60 days?

15. LABOR CERTIFICATIONTEACHING • No re-advertising • Can hire best qualified, not just minimum • Normally no salary issue

16. Extensive advertising requirements beyond initial ad No experience/qualifications count if gained in the position Only minimum requirements Salary requirements LABOR CERTIFICATIONNON-TEACHING

17. Steps to Permanent Residence: Employment-Based Immigration • 1: Labor Certification • 2: I-140 petition • 3: Form I-485 for Permanent Residence (Green Card), OR • 1. I-140 based on Outstanding, Extraordinary, National Interest • 2. Form I-485 for Permanent Residence (Green Card).

18. Arrival • J-1 Scholar Check-in with OIS (MANDATORY) • Weekly Scholar Orientation (Fridays @ 9), Franklin Hall 306 (Scholar Guidebook). • H-1B Employee Guidebook. • Short-term visitors on a tourist or business classification may need to visit OIS if they are receiving payment (must have ITIN or SSN).

19. PeopleSoft Connections 1. Dept. initiates E-doc (Add or proceed to Hire) 2. Dept. sends supporting docs to OIS • PS generates ID and confirms with department • 5. OIS processes immigration documents if needed 3. OIS approves, files docs

20. A note on Social Security • Job Offer letter required • On letterhead • Include title • Signed by employer

21. Departure • Letting OIS know of all international scholar departures (Js, Hs). • Maintaining contact. • Possibility of establishing institutional affiliations. • Future visits.

22. The Role of OIS • Departmental Advisor • Help construct job ads for employees • Guide departments through forms & processes • Advise on most appropriate visa options • Scholar Advisor • Extensions of stay • Changes of status • Visa options • Travel and work permission • Orientation • Individual Tax ID Number Applications • Referral agent (immigration lawyers, income tax) • State and Federal Government Liaison

23. Good times to contact OIS: • Considering hiring an international professor or researcher. • Hosting an international visitor. • Placing a job ad for a position. • Extending a scholar’s stay at IU • Helping scholars move from one visa class to another. • When a scholar arrives on campus. • When a scholar leaves campus.

24. Contact Info, Resources, and Questions • Charlie Bankart – 856-1223, cbankart@indiana.edu Assistant Director for Scholar Services • Martha Wailes – 855-9086, mwailes@indiana.edu Senior Immigration Advisor • Noemi Sarrion-Cortes – 855-9086, nsarrion@indiana.edu Scholar Services Office Assistant • Jennifer Bowen – 855-9086, jabowen@indiana.edu Assistant Director for Student Services • Web URL: www.indiana.edu/~intlserv/

25. The Value of International Collaboration and Exchange We must maintain a concern for the development and needs of the world beyond our borders…great universities such as Indiana University offer the most promising possibility for putting this concern into action. (Herman B. Wells, 1958) Quoted by President Herbert on October 6, 2004 in a hearing before the U.S. Senate Committee on Foreign Relations

26. Some of the facts: • International students from 130 countries are in IU classrooms & adding their unique perspectives to discussions. • 3,300 international students at IUB, 4,600 students overall. • IU has over 400 formal affiliations and exchanges with institutions abroad. • 452 J-1 Scholars (up 21%!) and 126 new H-1B Employees last year alone.

27. The Office of International Services Franklin Hall 306, Bloomington, Indiana 47405 Office Hours: Monday – Friday 9 am - 12pm, 1pm - 4pm Phone: (812) 855-9086 Fax: (812) 855-4418 E-mail: intlserv@indiana.edu Internet: http://www.indiana.edu/~intlserv

28. Services Provided • Advise and assist students & scholars with emergency situations of all kinds • Answer questions and handle concerns about visa documents and regulations • Issue visa documents for travel and to a student’s or scholar’s stay in the United States • Assist with visa documents for dependent family members • Provide assistance with applications to change visa status • Supply information on travel to Canada, Mexico and other countries • Assist with paperwork to withdraw from all classes

29. Certify a student’s enrollment at Indiana University • Provide financial budgeting and planning advice and counseling • Provide short term loans • Assist with mandatory student health insurance program enrollment • Write letters to sponsors and home governments • Advise and assist students and scholars with personal concerns at IU

30. Leo R. Dowling International Center 111 S. Jordan Avenue, Bloomington, Indiana 47405 Office Hours: Monday – Friday 9 am - 12pm, 1pm - 5pm Phone: (812) 855-7133 Fax: (812) 855-7111 E-mail: intlcent@indiana.edu Internet: http://www.indiana.edu/~intlserv

31. Programs & Services • Host weekly Friday afternoon International Coffee Hours • Host weekly Language coffee/tea hours various languages • Host Friday lunch-time concerts • Welcome visitors who would like to know about the cultures of the world • Provide US income tax advising through the VITA Program • Make information available about international student groups on campus • Plan and run New International Student Orientation Program

32. Work with international student groups to put on and publicize events • Host information sessions on employment and more… • Provide referrals to BWF Host Friendship Family Program • Serve as home for the BWF Loan Closet • Rooms are available for meetings and events! See our web page at: http://www.indiana.edu/~intlcent/resources/ic/facilities.html or call 855-7133 for details. Staff Sandy Britton Assistant Director sbritton@indiana.edu icevents@indiana.edu