International Hiring: Faculty, Researchers and Staff

International Hiring: Faculty, Researchers and Staff  Presented by Mario Rojo del Busto, LL.M. Assistant Dean of Faculties & Chief of Staff Director of International Faculty & Scholar Services

Resources • System Regulation 33.99.01 Employment Practices • University Rule 12.99.99.M1 Faculty Recruitment Procedures • System Regulation 33.99.09 Employment of Foreign Nationals • University Rule 33.99.01.M1Employment of Foreign Nationals • DOF Faculty Hiring Guidelines and forms • IFSS Guidelines and forms

Different Routes to Hiring Colleges – Departments FacultyDean of Faculties ResearchersVice President IFSS for Research (International Employees) StaffHuman Resources

Three Stages to the Process Pre – Hiring What do we need to do to launch the search Hiring We selected a candidate and we made him/her an offer Post-Hiring What do we need to do to “actually” employ the individual

Hiring domestic vs. International Is there a difference?  Same advertisement  Same selection process  Same offer letter • Almost the same post-hiring requirements BUT FOR: • Obtaining USCIS authorization to work for TAMU • Retaining employee on a permanent basis

Visa vs. Status INSIDE THE U.S.A.OUTSIDE THE USA I-94VISA To be in the USATo enter the USA Authorized Period of Stay ONLY

I-94 Approval Record

Immigration Statuses of a Foreign National • Change of Status • Extension of Stay/Portability • New Status

Department’s Obligations System Regulation 33.99.09 • Ensure that correspondence with the foreign national prior to obtaining the necessary approvals does not constitute a firm offer of employment • Ensure that the proposed employment complies with all U.S. export controllaws and regulations  Initiate the request, including the necessary immigration information  Contact IFSS for handling the employment of foreign nationals

Nonimmigrant Petitions StartsHiring Department After contingent offer is made Collects required supporting evidence Submits to IFSS IFSS reviews & prepares dossier for filing Files the petition with DOL & USCIS

The Offer Letter Essential Elements • Mirror the PD • Length of appointment • Date of employment • Salary • Duties and responsibilities • Effort time • Contingencies • Acceptance by candidate

Contingencies • Final administrative approval (for faculty) • Employment eligibility verification • Criminal background check • Degree verification/official transcript • Selective Service

Review and analysis H-1B Specialty Occupation  Position Description Prevailing Wage Determination Labor Condition Application Deemed Export Control Attestation

Prevailing Wages What is a Prevailing Wage? Prevailing wage determinations are based upon: • Experience and skills required for job • Complexity of job duties • Level of judgment involved • Amount of supervision required • Does the position supervise anyone 4 Wage Levels(entry, qualified, experience, fully competent) How does it affect the employment?

Labor Condition Application The Attestations Under Penalty of Perjury  Payment of the higher wage • Employment will not adversely affect the working conditions of similarly employed workers • No strike, lockout or work stoppage in the occupation • Retention of public inspection file documenting compliance with above requirements

DEEMED EXPORT CONTROLATTESTATION  Completion of Export Control training by supervisor  It affects H-1Bs and O-1s international employees • Determination of whether or not a license is required must be documented • Attestation must be completed and signed by the hiring supervisor • Severe civil and criminal penalties for concealment or intentional misrepresentation

Commencing Employment §6.5 of TAMU Rule 33.99.01.M1 • An approved nonimmigrant status notice (I-797A) • Actual receipt of USCIS approval • Portability exception • I-9 Form has been completed

QUESTIONS?

International Hiring: Faculty, Researchers and Staff