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H-1B Basics

1. H-1B Basics. Employment Visa Professional Position Position must require a bachelor’s degree or higher Employee must have a bachelor’s degree or higher in a related field. H-1B Time Limitations. Generally limited to 6 total years May request maximum of 3 years for each petition

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H-1B Basics

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  2. H-1B Basics • Employment Visa • Professional Position • Position must require a bachelor’s degree or higher • Employee must have a bachelor’s degree or higher in a related field

  3. H-1B Time Limitations Generally limited to 6 total years May request maximum of 3 years for each petition Can be extended beyond 6 years by reclaiming time spent abroad, or if at certain stage of “green card” processing (labor certification pending one year, or approved I-140) 3

  4. Employer Responsibilities File a Labor Condition Application (HRCIS completes with information provided by the Dept) Document wages paid (Dept) Maintain Public Access File (HRCIS) Pay return trip home for early termination (Dept) 4

  5. Responsible Government Agencies DOL • Determines prevailing wage • Certifies Labor Condition Application • Regulates work conditions • Requires Job Postings • Audits Public Access file USCIS • Adjudicates H-1B petitions (Form I-129) • Regulates and monitors non-immigrant’s status • Requires employer to pay return trip home

  6. Prevailing Wage • The actual wage must meet 100% of the Prevailing Wage (PW) or exceed it but can never go below the PW. • HRCIS generally reviews sponsoring departments position description, and minimum position requirements, and determines proper wage via U.S. Dept. of Labor wage guidelines for employment at higher education institutions.

  7. Processing Times Standard Premium Dependent Upon USCIS California Immigration Service Center Processing Pace Generally 3 to 5 months HRCIS prefers to initiate process 6 months prior to first date of employment Request case to be adjudicated within 15 calendar days upon receipt of petition by immigration service center Receive e-mail approval notice Receive original approval notice, Form I-797, 7 – 10 days after e-mail approval 7

  8. H-1B Petition Types • New H-1B (Change of Status, Consular Processing) • H-1B Extension • H-1B Transfer (Portability) • H-1B Amendment (often combined with extension)

  9. New H-1B Petition • Consular Processing – foreign national entering U.S. from abroad, allow additional time for consular interview • Change of Status – move from another visa status, typically F1 or J1

  10. H-1B Transfers (Portability) Those in valid H1B status at another institution can begin employment at UVA only after HR/CIS receives confirmation from USCIS that a petition was filed. HR/CIS prefers to have the request for the transfer around 1 to 2 months prior to the new employment start date. Transfer applications are not automatically approved so there are risks involved in the process. 10

  11. H-1B Extension • Petitions for extensions should ideally be made no later than 6 months before the current H1B status expires. • Employment may continue up to 240 days past the expiration of the current H1B status. • Travel outside the U.S. is not recommended while an H1B extension is pending as USCIS may deem employee has abandoned their H1B status. • Suggest upgrade to premium processing if travel is absolutely necessary. • If employee is outside the U.S., then he/she must wait outside the U.S. until new H1B status has been approved.

  12. H-1B Amendment • Any substantial changes to position may require filing an amended petition: • Position Title • Salary • Position Duties • Department • Hours worked • Work location

  13. New Security Measures Longer visa processing times for beneficiaries applying outside of the U.S. Difficulties in applying for visas in third countries. Increased scrutiny for individuals working in sensitive areas. *Contact HRCIS before foreign national travels outside the US. 13

  14. The J-1 Two Year Home Residency Requirement • Many individuals in J-1 status are required to return to their home country for two years after completing their program. • Unless they fulfill this obligation or receive a waiver of the requirement, they can not change their status to H1B. • The waiver can take up to one year to obtain. • Application made by the foreign national at their own expense.

  15. Department Fee Obligations/USCIS $325 for any H1B petition, USCIS Form I-129 filing fee $500 fraud prevention and detection USCIS fee for all new H1B petitions and for all H1B transfers to UVA. The $500 fee is not imposed on H1B extension petitions. 15

  16. Department Fee Obligations/HRCIS HRCIS Processing Fees • $650 for all H1B petitions filings. • $500 for expedited service

  17. Additional H-1B Petition Filing Fee for USCIS Expedite Request • Additional $1,225 fee to request Premium Processing, USCIS Form I-907. • Request to USCIS to adjudicate an H1B petition within 15 calendar days of receiving the H1B petition. • The employer or employee may pay the fee. • Receive electronic approval notice that may be used to place employee on payroll.

  18. H-1B Process at UVA Departments contact the H1B advisor. The advisor will determine if the H1B is the best option. Department downloads H1B Packet from HR/CIS website Department and foreign national cooperate to complete and provide necessary documentation 18

  19. UVAH-1B PROCESSING INS ZOOM • INSZoom is a comprehensive electronic immigration management system. • Enables electronic data transfer between HR CIS, departments, faculty and staff. • Access to foreign nationals linked to department, review immigration history and documents, submit H-1B packet information through INSZoom, track petition filing process

  20. Part-Time H-1B Employment • U.S. Dept. of Labor requires employers to keep records of hours worked each day and each week for all part-time H-1B employees. • Regardless if part-time employee is paid a fixed salary, and regardless of whether employer currently keeps records of its other part-time salaried employees. • Sponsoring department must complete and return HRCIS form: Verification of Part-time Record Keeping

  21. Other H-1B Issues Wage requirements (prevailing wage) All financial support must come from UVA Length of processing time Job site specific The expense related to expedited processing of petitions Dependents of H1B’s (H4) are not allowed to work No Official “Grace Period” for H1B holders after their period of authorized stay ends or after their employment terminates. 21

  22. Visa Issuance for Entry to U.S. • The only place a visa stamp can be issued is at a U.S. consulate or embassy abroad. • Renewals of H-1B visas (entry stamps in the passport) within the U.S. are no longer possible. • I-797 does not allow travel, but does authorize employment while in the United States

  23. TRAVEL WARNING! FOR FOREIGN NATIONALS PLANNING TO TRAVEL ABROAD:  • Please be advised that there has been a recent increase in security screenings of foreign nationals at U.S. Consulates abroad.  The U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) have increased the level of review that international visitors face at U.S. Embassies and Consulates abroad, at airports, and at border crossing posts with Canada and Mexico. The U.S. State Department processing time for a security screening at a consulate abroad is currently 12 weeks, with no option available for expediting the process. 

  24. TRAVEL WARNING • Each foreign national, in consultation with their department if appropriate, should make their own decision regarding travel abroad.    • HRCIS advises undertaking travel abroad with the understanding that returns to the U.S. may be significantly delayed • All foreign nationals traveling abroad should be certain to carry documentation supporting their current visa status.

  25. H-1B Visa Recipient Departure • Termination • Transfer to another institution • Leaving the United States • Departments should immediately notify HRCIS • LCA Withdrawal (USDOL) • H-1B Withdrawal (USCIS)

  26. When should UVa. Depts. Contact HRCIS? • Anytime there is a change to an H-1B Visa Holders employment situation.

  27. New H-1B Developments • Fee changes effective 11/23/2010, I-129 ($325), Premium Processing ($1225), I-539 dependent fee ($290) • Changes to I-129 effective 12/23/2010, new items but collect information already • Export Control Attestation now required • Department must submit I-129 Export Certification Request to Office of Export Control • Include advisory letter with H-1B petition materials submitted to USCIS

  28. Q & A Human Resources – Compliance & Immigration Services 914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904-4127 Tim White (434) 982- 2735 E-mail: tjw5x@virginia.edu Fax: (434) 924-3194 28

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