International Student Overview

Office of international student &

scholar services (OISSS)

Snyder memorial Room 1000

Phone: (419) 530-4229

Fax: (419) 530-4244

Utoledo.edu/cisp/international

February 2015

PRO-1

J-2

H-4E-3

TN

What About Other Visa Types?

There are more than just these 3 visas working and

studying at UT.

1589

98 150

International Population at UT

F-1 Students

J-1 Exchange Visi-tors

H-1B Employees

OISSS

Hospital

Faculty Affairs

HRTD

UT Depts.

Fed. Gov’tStudents

Scholars

Employees

Legal Affairs

KEY STAKEHOLDERS

Vocabulary & AcronymsNon-Immigrant: An individual who enters the U.S. on a temporary basis.

Immigrant: An individual who lives permanently in the U.S. Permanent Resident/Green Card Holder

USCIS: United States Citizenship & Immigration Services

ICE: Immigration and Customs Enforcement

DOL: Department of Labor

SEVIS: Student & Exchange Visitor Information System

CPT: Curricular Practical Training

OPT: Optional Practical Training

I-9 Form: Employment Eligibility Verification

F-1 Student EmploymentOn-Campus Employment

- Allowed if maintaining status.

- No more than 20 hours a week.

- Students cannot continue on-campus student employment (i.e., GA, TA) after program end date.

Off-Campus Employment

- Student may apply for off-campus employment under

CPT (during program) or OPT (post-completion).

- Strict regulations permitting off-campus work.

OPT+ Cost $380 Student’s

Responsibility

+ Paid or Unpaid

+ Part-time or Full-time

+ Can hire OPT STEM Extensions E-Verify

- Application Processing Times 3 months

- Length 12 months, possibility of extending to 29 months

- No EAD Card? No Work.

Benefits & Challenges

OPT Cont.

STEM = science, technology, engineering, & mathematics.

USCIS Designated list of degrees.

Additional 17 months of employment.

Must work at an

participant company.

What is a STEM Extension?

U.S. Department of State Exchange Visitor Program “promotes mutual understanding between the people of the U.S. and the people of other countries by educational and cultural exchanges.”

J-1 Exchange Visitors

Research Scholars

(5 year max)

Short-Term

Scholars(6 month

max)

Professors

(5 year max)

Students (non-degree

& degree seeking)(no time

limit)

J-1 Cont.

Gather all relevant information and submit documents to OISSS. Request documents from OISSS, 3-5 day processing period.

Individual applies for J-1 visa.

Individual arrives and reports to OISSS

Steps &Responsibilities

Dept.

Dept.

• Transportation• Housing• Rocket ID Card• Research Space

OISSS

• Immigration Documents• Check-in & Orientation• Cultural Events• I-9 paperwork-if requested• Rocket Number & UTAD• Immigration Questions

J-1 Cont.NEW REQUIREMENTS & RESPONSIBILITIES

On October 6, 2014 the U.S. Department of State issued a new rule concerning the J-1 Exchange Visitor Program.  Effective January 5, 2015, departments must determine the prospective exchange visitors possess “sufficient proficiency in the English language, as determined by an objective measurement of English language proficiency, successfully to participate in his or her program and to function on a day-to-day basis.” [22 CFR 62.11(a)(2)] The new rule requires the sponsoring department to use one of the following objective measurements of English language proficiency by one of the following: • A recognized English language test (e.g., TOEFL; IELTS); orSigned documentation from an academic institution or English language school; or• A documented interview conducted by the sponsor either in-person or

by videoconferencing, or by telephone if videoconferencing is not a viable option.

Temporary work visa that allows employment

for up to 6 years, and sometimes longer

H-1B Visa

Specialty Occupations

*

Dept. of Defense

Researcher

Fashion Models of

distinguished merit and

ability

* UT only employees H-1B under this category.

H-1B Cont.

Documents and actual wage info submitted to OISSS.

OISSS researches Required Wage Rate.

OISSS obtains Dept. of Labor approval to file H-1B.

OISSS files H-1B petition with DHS/USCIS.

Employee commences work upon either approval or filing of H-1B, or entry into the U.S.

Steps &Responsibilities

Dept.

Dept. & Employee

• Immigration and Employment documents to OISSS;

• Actual Wage data to OISSS from Dept.

OISSS

• Organize documentation from employee and Hiring Dept.;

• Determine Required Wage Rate;

• File with DOL, then DHS/USCIS.

H-1B Cont.

H-1B Advantages• Position can be full or part-time, permanent or

temporary, on-site / off-site;

• Area of specialty unlimited;

• No check-in, Orientation, or nor cultural events required;

• Can be valid for up to 6 years;

• Possible UT sponsorship for GC;

• Recruitment tool if necessary;

• Premium Processing an option ($1,225 – 15 days).

H-1B Disadvantages• Required Wage Rate must be paid;

• Hiring Department (employer) must pay H-1B filing fees ($1,325);

• H-1B amendment may need to be filed b/c of change to position;

• Reasons why wage not paid to H-1B employee are narrow;

• Cost-prohibitive to force unpaid furlough on H-1B employee;

• UT must pay return reasonable transportation costs home for terminated employee;

• Spouses on H-4 visa cannot work.

Advantages & Disadvantages

H-1B cont.

Required Wage Rate = the higher of either A) the actual wage paid, OR B) the prevailing wage.

Actual Wage calculation example:

Prevailing Wage: Outside source;

Key: OISSS works with point-of-hire (HRTD, Faculty Affairs) to ensure proper salary/wage is paid per H-1B regulations.

Required Wage Rate Explanation

Postdoc Name Actual Postdoc Salary / Yr

Miguel Cabrera $50,000

Joseph Mauer $45,000

Travis Hafner $40,000

Adam Dunn $21,000

Compare & Contrast

J-1 Exchange Visitors No immigrant intent

5 year max

Visa fees J-1 Responsibility

$200 Fee

Funding sources Home institution, Gov’t., or UT

Affected by 24-month bar

J-2 Employment Authorization for spouses

Could result in 2-year HRR and/or 24-month bar

H-1B Employees Allows dual-intent

6 year max, sometimes more

Visa fees UT Dept. responsible

$1,325 fee

Requires UT pay Required Wage Rate

Affected by 2-year HRR

No H-4 Employment for spouses

1-year bar

Other VisaTypes

TN / core requirement: Only certain professions allowed;

Advantage: No H-1B wage required, granted in 3-year increments indefinitely, not labor-intensive on Departments like H-1B visa;

Disadvantage: Cannot apply for Permanent Residency;

O-1 / who it applies to: Individuals who can demonstrate extraordinary ability in the sciences, education, business, athletics, the arts, or the motion picture or t.v. industries.

Advantage: No H-1B wage required, 3-year initial increment, 1-year extensions indefinitely, 2-year Home Rule under J-1 visa does not apply to O-1 (unlike H-1B);

Disadvantage: Nobel Prize not required, but it doesn’t hurt;

L-1: Managers and executives transferred to U.S. employer;

H-1B1: Specialty occupation + Chilean and Singaporean professionals only;

E-3: Specialty occupation + Australian professionals only;

B1/B2: Guest Speaker / Volunteer / Expert Advantage: No H-1B or J1 required, not labor-intensive, can

receive honoraria for performance, honorarium has no maximum dollar amount

Disadvantage: Cannot spend more than nine days at a single institution, may not receive more than five honoraria in six months;

Requirements: Invitation letter

TN (Canadian & Mexican NAFTA Workers)

O-1 (Extraordinary Abilities)

L-1

H-1B1

E-3

Honorariums

Guest Speakers

Volunteers

Permanent Residency – Green Card

Approximately 17 different ways to obtain Green Card but 4 main ways: Family, work, asylee-refugee, diversity lottery;

Via work at UT, “adjusting status” from Person 2 to Person 3 expensive process: $4000 – 8000. Department must pay most fees per regulations;

Key: Classroom teaching v. research or administrative responsibilities;

Via work at UT, process typically takes 2-3 years for most, 4-8 years if born in India or mainland-China.

Person 1NO STATUS OR EXPIRED STATUS, OR

ILLEGAL STATUS

Person 2NON-

IMMIGRANT/TEMPORARY: Study, work, join family,

tourist

Person 3IMMIGRANT / PERM-GC: Permanent intent to

stay in U.S.

Person 4U.S. Citizen

Form I-9: Employment Eligibility Verification

Examples

Social Security Card Green Card

E-Verify ParticipantWhat Does That Mean?

Why Does This Matter?

Q & A