Employing and Hosting J-1 Scholars at
Washington State University
International Programs-Global Services
October 17, 2012
Presented by Rob Cassleman, International Scholar Advisor
Exchange Visitor Program basics
• Established by the Fulbright Act to provide
for exchange of ideas and culture between
U.S. and other countries
• Permits a temporary visit with an
expectation for the non-resident alien to
return to their home country
• Can employ the J-1, but not primary purpose
of exchange program
• Expected to participate in cultural activities
Exchange Visitor Program basics-cont.
• All exchange visitors must obtain Medical
Insurance at EVP minimums or higher
• Must be issued and keep in their possession
a Certificate of Eligibility for Exchange
Visitor Status/form DS-2019
J-1 Exchange Visitors participate in a
wide range of activities at WSU.
• Collaborative research
and teaching
• Observing and
consulting
• Demonstrating a
special skill
• Student internships
J-1 Specialist
• Demonstrate a special skill or knowledge
• Examples: athletics coach, musician, actor,
videographer
J-1 Research Scholars and Short Term
Scholars
• Conducts research, observes, consults in
connection with a research project
J-J-1 Professor1 Professor
J-1 Professor
• Primarily teaching, lecturing
• May also conduct research with permission
of the host department
J-1 Student Intern
• Supervised internships at WSU or a
designated third party location
• Full –time (32hrs+), work-based learning
• No WSU admission; no WSU coursework
• May participate up to 12 months
• May be paid or unpaid
• Internship Plan must be submitted
• Evaluations required at the end and mid
point (if the program lasts more than
6months)
Durations of stay-maximums
•Professor: 5 years
•Research Scholar: 5 years
•Specialist: 1 year
•Short Term Scholar: 6 months
•Student Interns: 1 year
B. What are the sponsoring department’s
requirements to host a J-1 scholar?
• Show evidence of funding (WSU income or
non-WSU source). Employing the J scholar at
WSU is NOT a requirement.
• Confirm EV has sufficient English skills to
participate in their activity.
• Acknowledge EV will NOT be a candidate for
a tenure track or permanent position,
• Nor be a full time student in U.S.
• Agree to offer culture exchange
opportunities
Initiating the process
Contact IP-GS with
description of scholar and
objectives:
globalservices@wsu.edu,
or 335-4508.
Or, go directly to J-1
scholar online request
form via IP-ISS web site:
http://ip.wsu.edu/depts/h
osting/scholars/formsand-FAQ.html.
J-1 request process-continued
IP-Global Services:

creates J-1 record in SEVIS,

prepares Welcome Packet containing
Certificate of Eligibility/Form DS-2019,
instructional cover memo, and pre-arrival
information for EV
IP-Global Services or host department sends
Welcome Packet to scholar via courier (e.g.
FedEx).
Global Services role
• Provide ongoing advice to department and
scholar about visa-related issues before and
after scholar’s arrival
• Provide scholar orientation meeting
covering: rules/expectations, cultural
information, insurance information, medical
care, transportation, etc.
• Send regular newsletter to scholar regarding
rule updates, living in Pullman, cultural
• Ongoing advisement via email, phone, office
• Tax filing assistance
Host Department responsibilities: after
arrival
• Assist in notifying EV about IP-GS check-in/
orientation meeting
• Review HRS New Employee Checklist (if
appropriate)
• Social Security Card transportation (if
appropriate)
• W-4/tax determination questionnaire
• WSU appointment (depending on objective)
• Cougar Card/network access/library
• Health insurance help (let’s use teamwork)
Exchange Visitor Responsibilities
(included in IP-ISS pre-arrival information)
• Pay SEVIS I-901fee, and U.S. visa stamp fee
• Apply for visa stamp and interview at U.S.
consulate in their country
• Make travel arrangements
• Bring sufficient start-up currency
• Arrange housing in Pullman
• Obtain health insurance
• Open bank account
OTHER CONSIDERATONS
• Two Year Home Residency rule
• Bringing dependents
• Tax considerations
• Housing
Two Year Home Residency Requirement
I.N.A. 212(E)
 Those who are
subject to this
restriction have
limitations on
acquiring certain visa
statuses in the future.
 Change of nonimmigrant status, or
change to PR, within
the US, are not
possible unless this
requirement is
waived.
“SUBJECT/NOT SUBJECT
TO SECTION 212(E)”
Also noted on the DS 2019
J-2 Dependents family members
(spouse and children under 21yr)
• May be employed after receiving
authorization from USCIS.
• Are subject to the Two Year Home
Residency Requirement (212.E) along with
the J-1.
• Can not remain in the US after the J-1
completes their program.
• Can study full-time or part-time.
• Must carry adequate health insurance
equivalent to the standards set for the J-1
Tax Tips
• All new J-1 scholars employed by WSU
should submit a Tax Determination
Questionnaire, which is found on the Payroll
Services Web site for ”non-US citizens” at
www.wsu.edu/payroll.
• J-1 scholars can receive assistance with filing
their tax return through GS tax assistance
plan. Scholar should watch for the GS email
e-newsletters and check the GS web site for
information between February and June.
Questions
• Primary J-1 contact: Rob Cassleman:
rcasslem@wsu.edu,
• Secondary contacts:
• Jody White, International Program Specialist:
jodyl@wsu.edu
• Jan Keiser, Immigration Compliance
Specialist: jan.keiser@wsu.edu
• Phone for all: 509-335-4508,
• Web site: www.ip.wsu.edu/global-services
• Bryan Hall 206
12/17/2012
21
Sponsoring H-1B Employees
at WSU
October 17, 2010
Jan Keiser, Global Services, International Programs
Bryan Hall, Room 206
22
H-1B Nonimmigrant Category Legal Requirements
• Position requirements
•
•
Theoretical and practical application of a body of
specialized knowledge; and
Bachelor’s or higher degree (or its equivalent) in the
specific specialty
• Employer sponsored, temporary work visa
limited to cumulative stay of six years
• Employer and employment specific
• Dual intent, allows for immigrant intent
23
WSU H-1B Sponsorship Policy
• Faculty in full-time teaching and/or research
positions (temporary or permanent)
• Administrative Professionals in permanent
full-time positions that meet legal
requirements (hiring authority must
approve)
• Duration of request at least one year,
although less may be acceptable
• Part-time positions may be acceptable
24
H-1B Petition Types
1. New petition – first time to be sponsored H-1B by WSU,
can be:
a) Change of status (from F-1/F-1, J-1/J-2, H-4) to H-1B in the
U.S. If traveling abroad while pending, petition is considered
abandoned.
b) Entering the U.S. from abroad. Must have original H-1B
approval notice and H-1B visa to enter the U.S.
c) Concurrent H-1B. Must have USCIS receipt notice to work
for WSU up to 240 days.
d) H-1B transfer/porting. Must have USCIS receipt notice to
work for WSU up to 240 days.
2. Extension – current WSU H-1B worker, can continue to
work with USCIS receipt notice up to 240 days
3. Amended petition – Substantial/material change in the
previously approved H-1B petition
25
H-1B Petition Challenges
1. To prove to USCIS the H-1B job qualifies as
“specialty occupation” and alien’s
qualifications
2. Comply with DOL Labor Condition
Application (LCA) regulations – H-1B workers
will be offered and paid prevailing wages and
working conditions and benefits.
3. Aliens subject to J-1/J-2 2 years home
residency requirements are not eligible for
H-1B unless it is fulfilled or waived
4. USCIS processing delays
26
H-1B Petition Process
1. Initial inquiry – to GS
2. Immigration Tracker information completion
3. GS request Prevailing Wage determination request with
DOL - 60+ days based on the job description
4. Posting notice – 10 business day at two locations
5. GS files LCA with DOL – can only filed up to 6 months
before employment begins. DOL adjudicates (certify or
deny) in 7 business days
6. GS files I-129 Petition for a Nonimmigrant Worker with
USCIS in CSC, current processing time 4+ months
7. GS notifies dept. when it is approved
8. GS conducts H-1B orientation for the beneficiary
27
Parties Involved in H-1B Process
1. DOL (The U.S. Department of Labor): PWD, LCA
2. DHS (The U.S. Department of Homeland
Security)
a) USCIS (U.S. Citizenship and Immigration
Services): I -129
b) CBP (Customs and Border Protection) – Border
entry
3. The U.S. employer
4. The alien employee
5. DOL (The U.S. Department of State) – H-1B visa
28
H-1B Petition Costs
1. $500 IP fee for initial, extension and
amendment
2. $325 I-129 filing fee, paid by the employer
3. $500 fraud prevent and detection fee for new
petition only, paid by the employer
4. $1225 optional premium processing fee, can
be paid by either the employer or the
beneficiary. USCIS guarantees to adjudicate
(approve, deny or request for evidence) within
15 calendar days.
29
H-1B
DocumentsUSCIS I-797A
Approval
Notice
30
H-1B
DocumentsUSCIS I-797B
Approval
Notice
31
H-1B
DocumentsI-94 card
from POE
32
H-1B
DocumentsVisa affixed in
passport
33
12/17/2012
34
H-1B Appointment Considerations
• May file H-1B for up to three-years, even if
WSU contract for less time
• Must pay H-1B worker’s reasonable
transportation costs home if WSU terminates
worker for any reason before H-1B end date
• Must notify GS of early separations or
material changes in appointments to ensure
compliance with federal immigration
regulations
35
H-1B Employer Responsibilities
• Must offer H-1B worker prevailing wage or
actual wage, whichever is higher
• Must post notice of filing in two locations at
worksite for ten consecutive business days
• Must retain Public Access Folder for one
year beyond LCA end date (GS retains this,
but we NEED Attachments 1, 2 and
completed Posted Notice from hiring unit)
36
H-1B 7th+ Year Extensions - Review
• H-1B workers who have completed certain
steps in the employment-based permanent
residence (PR) process may qualify for either
one-year or three-year H-1B extensions
beyond six-year limit date
• Hiring unit/H-1B worker must notify GS if H1B worker has pending employment-based
PR case outside of WSU
37
H-1B Travel Considerations - Review
• Must have unexpired H-1B I-797 petition and
unexpired H-1B visa to enter/re-enter US
• Must obtain H-1B visa at US consulate abroad
(usually in home country)
• Okay for visa (entry ticket to enter the U.S.) to
expire while in US
• If H-1B worker needs new visa, must make
appointment with Embassy/consulate, complete
forms, fees & get packet from GS
• Administrative/security checks may occur for
each visa application
38
H-1B Travel Considerations - Review
• No H-1B visa required if:
Canadian citizen
• Traveling only to Canada/Mexico and qualifies
for automatic visa revalidation
• Has taken certain steps in the permanent
residence process and possesses unexpired
Advance Parole
•
• Must always have unexpired H-1B I-797
approval notice to enter the US
• May need visa to enter third country
• Others
39
H-1B Updates - DOL
• New national DOL Prevailing Wage system DOL takes 60+ working days to issue
prevailing wage determination
• New DOL Labor Condition Application
process – DOL takes ~7 working days to
certify LCA
40
H-1B Updates – USCIS
• Increased H-1B case processing times at
USCIS California Service Center
4+ months – regular
• 15 calendar days – premium processing
•
• Consequences of increased processing times
•
•
•
Premium processing for most new employees
Current employees may need to convert to
premium processing (change of status/int’l travel)
Remember – worker already in H-1B status
(extension or transfer) can continue to work, based
on receipt notice, even if current H-1B has expired
(240 day rule applies)
41
H-1B Updates – USCIS
• Increased USCIS requests for evidence (“RFE”)
Pay check stubs and W-2 forms to verify
legitimate employee-employment relationship
• Formal educational credentials evaluations
•
• Unannounced site visits – GS, hiring
department, H-1B employer, or HRS
Questions about the contents of LCA/I129/PERM LC/I-140/I-485: job title, job site,
salary, duties and responsibilities
• Intent: compliance
•
42
H-1B Case Processing
• PI wants to sponsor someone with H-1B work
visa. What do you do?
•
•
•
•
•
•
Complete intake form in Tracker - if you do not have
Tracker Account or forgot information, email Jody
GS sends Tracker questionnaire to H-1B applicant + list of
required documents he/she must provide to you
GS sends you email w/prevailing wage questions and
attachments
Respond to prevailing wage questions immediately
Follow instructions/attached templates to prepare H-1B
packet and order checks
GS submits prevailing wage request to DOL (60+ days)
43
H-1B Case Processing, Cont’d
• Once GS receives PWD, we scan you 10-day posted notice
documents to post in two locations at worksite
• Provide GS with complete H-1B packet (H-1B support
letter; attachments one and two; new appointment
document or offer letter; educational and immigration
documents; credentials letter, if applicable; dependent
immigration documents, if applicable; request for
shipment; checks – checks can come later!)
• GS prepares case, submits LCA to DOL, receives certified
LCA from DOL (12 days)
• GS files H-1B petition with USCIS
44
H-1B Case Processing, Cont’d
• When 10-day postings complete, immediately
send original, signed notice to GS
• Once GS files case, provides you with LCA copy
to immediately give to H-1B worker
• GS provides you with receipt/approval notices/I94 cards
• GS will Fed Ex H-1B approval documents to H-1B
applicant abroad
• H-1B worker scheduled for orientation – third
Friday of each month, 10:00 – 11:30 am
45
H-1B Preparation - Tracker
• Tracker – on-line case preparation/case
management system
Employer can complete intake form, view open
cases and run reports on several data points
• H-1B applicant can complete questionnaire,
view H-1B expiration date and status of case
preparation
• GS can complete H-1B forms (pre-filled), enter
important data points, run reports, track
expiration dates and open cases
•
46
Navigating Tracker – Home Page
47
Navigating Tracker – Employer Intake Form
48
H-1B Summary
• Initiate cases early . . . long DOL waiting
periods and long USCIS processing periods
• Initiate case by completing Tracker Intake
Form
• Promptly respond to prevailing wage
questions in Jan/Rob/Jody’s email to start
prevailing wage request process
• Promptly send GS completed 10- day posted
notice
49
Contact Info.
• Phone: 509-335-4508
• Jan Keiser: jan.keiser@wsu.edu
• Rob Cassleman: rcasslem@wsu.edu
• Jody White: jodyl@wsu.edu
Pullman, Bryan Hall room 206
50
Questions and Answers
???
51
12/17/2012
52
F-1 and J-1 Student Employment
• F-1 and J-1are non-immigrant statuses for degree seeking
international students.
• F-1 and J-1 students are eligible to work on-campus as long as
they are maintaining status.
• 20 hours per week while classes are in session.
• May work full-time during official university holiday’s breaks.
• Can a student have 2 on-campus jobs?
• Off-campus employment is restricted without authorization from
Global Services or the appropriate government agency. (USCIS –
US Citizenship and Immigration Services).
• F-1 and J-1 students may be eligible for employment on WSU’s
campus even if the I-20/DS-2019 sponsor isn’t Global Services.
• Optional Practical Training (OPT), Curricular Practical Training
(CPT), and Academic Training are examples of employment for
students holding a different school’s I-20 or DS-2019.
• CPT and Academic training are employer specific.
On Campus Employment
• Students working on campus during their program of study must
have a WSU I-20/DS-2019.
• If a sponsored student like Fulbright, IIE student, or ISEP, must
have sponsor’s approval to work on campus.
• I-20/DS-2019 start and end dates – are an estimate of the
duration of an academic program but may have to be adjusted
depending on academic progress. If adjusted student may not
have employment eligibility.
• A visa does not indicate status! A visa is only an entry
document. A student can maintain valid F status and have an
expired visa.
• When employing F-1/J-1 students, best practice is to check I20/DS-2019s each semester to verify program end date has not
changed.
How do I know if a F-1 student has
authorization to work?
EAD (Employment Authorization
Document) CARD
J-1 Students
Student Employment Facts
• Students in F or J status are required to check in with
Global Services BEFORE they are eligible to apply for a
Social Security Card.
• If they apply without checking in, it will delay the
processing of their application!
• Students must be maintaining valid immigration status to
be eligible for employment benefits.
• F-2 dependents are NOT eligible for any employment (oncampus or off-campus).
• J-2 dependents may work if they apply and receive proper
authorization from USCIS, they must present a valid EAD
card.
Questions??
This has been a
WSU Training
Videoconference
If you wish to have your attendance
documented in your training history,
please notify Human Resource Services
within three days of today's date:
hrstraining@wsu.edu