Immigration 101
www.unr.edu/oiss
OISS Services
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Services for Students
•
Services for Scholars
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Services for Departments
● Students will either be in F-1 or
J-1 Status
● Full-time enrollment is
required to maintain student
status (except in graduating
semester or while completing
thesis)
● Full-time is 12 credits for
undergrads and 9 for graduate
students
● Hiring Department must
prepare a letter confirming oncampus job to allow student to
apply for SSN
F-1 Student
Employment
● Most students are immediately eligible
for part-time on-campus employment
● For off-campus employment:
●
Curricular Practical Training (off campus only)
●
Optional Practical Training (on or off campus)
●
Economic Hardship (on or off campus)
Practical Training
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•
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A one-year employment
authorization permit issued by
DHS/USCIS (17 month extension
available for OPT in STEM fields)
OPT is a very popular way for
students to gain work experience
and hopefully find employers
willing to sponsor them for longterm immigration status
Students should contact OISS 6
months prior to expiry to
renew/change status
J-1 Students
(Academic Training)
• Academic training is available to J-1
students either during or after their
period of study
• Authorized up to 18 months for
Master’s programs and 36 months for
Ph.D. programs
• Given in the form of an authorization
letter and updated DS-2019 form.
International Faculty
Immigration Status Categories
Categories
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F-1 Student on OPT
J-1 Student on Academic Training
J-1 Exchange Visistor
H-1B Specialty Occupation Worker
TN Professionals
B-1/WB Business Visitors
J-1 Exchange Visitor
Program
• Research Scholar/Professor
– 5 year maximum duration
– Most common for postdoctoral fellows
– Not suited for tenure-track positions
• Short-term Scholar
– MAXIMUM duration of 6 months (cannot be extended)
– No bar on repeat participation
• Specialist
– Up to 1 year duration
– Experts in the field of specialized knowledge or skills
Watch out for the J-1 Bars!
● 12 month bar on participation
in J-1 program applies after
participation in any J category
except Short-term Scholar
● 24 month bar on repeat
participation as a Research
Scholar/Professor; only applies
to this category, and applies
regardless of program
duration
Home Residence
Requirement
•
Can be triggered by several
factors
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–
•
•
Govt. funding
Depending on skills
obtained/used
All J-1 categories are
potentially subject
Scholar must return to their
home country for 2 years prior
to changing status or obtaining
permanent residence
Other J-1
Considerations
•
•
•
J-1 visitors must maintain health insurance
(including dependents)
Dependents can apply for work
authorization
Must provide objective proof of English
Language proficiency
How to Request a J-1
Exchange Visitor
• Obtain and complete DS-2019 Request
form and info from our website
www.unr.edu/oiss
• Submit the form with all required
documents to OISS
• Cost = $300
• OISS will issue the DS-2019 within 1
week
• Department mails form & offer letter to
scholar
• Scholar schedules visa interview at US
consulate abroad
H-1B Specialty
Occupation
• Requires at least a bachelor’s
degree related to & required for
the job
• Maximum 6 year validity unless
permanent residence application
pending
• Most common path to a green
card
• Employer must meet certain
requirements
• Employer must meet
Department of Labor wage
requirements
• Job must require at least a
bachelor’s degree
• Job must be related to the
employee’s degree
• Department must pay all
required fees (employee
can pay for expedited
processing if not required)
• If not full-time, must maintain monthly record of
hours worked
• Must amend petition if any material changes
occur (e.g. more than a 51% change to job
description)
• Department must pay all required fees (employee
can pay for expedited processing if not required)
• Department can’t cut hours/wages
H-1B vs. J-1 Scholar
• H-1b is more expensive
and takes longer
• H-1B is often ideal for
permanent positions
• H-1B employees can
apply for permanent
residence
• J-1 is cheaper and faster
• J-1 is often ideal for
temporary positions
• J-1 costs can be paid by
employee
NAFTA (TN) Professionals
•
Simple application process
•
Available only to citizens of Canada and Mexico
•
Limited to professional occupations listedi n NAFTA appendix
•
3-year initial period of stay
•
Not for permanent or tenure-track positions
•
Canadians can apply at port of entry, Mexicans require visa
interview
•
Most Require Bachelor’s Degree or Higher
How to Choose the Best Status
• Consider the length of the appointment
• The type of employment (permanent vs.
temporary)
• Stability of funding
• Department Policy
• Goals of the applicant (do they wish to remain in
the US after this job?)
B-2 Visitors
• Appropriate for temporary business and
professional activities such as consultations,
participation in conferences/seminars and
independent research.
• Cannot be employed in the US or conduct
research that benefits the University.
Permanent Residence
Why Permanent Residence?
• Nonimmigrant Statuses are limited in
maximum duration:
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–
–
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H-1B: Max 6 years
J-1: Max 5 years
F-1/OPT: Max 29 months
TN Status: not for permanent jobs &
requires frequent renewals
Permanent Residence
• If you would like to
employ an applicant
beyond the maximum
duration of their status
it is best to begin the
process early so you
don’t run out of time
Permanent Residence
• Most employees in
nonimmigrant status may
only work for their
petitioning employer
• However once someone
obtains permanent
residence they can work
for any employer and are
not obligated to stay
Two Options Offered by OISS
• Employment Based 1st
Preference (EB-1)
– For “Outstanding
Professors/Researchers”
• Employment Based 2nd
Preference (EB-2)
– For faculty with a
masters degree or higher
– 2 Options – one for
teaching positions and
one for nonteaching
EB-1 Outstanding Professor/Researcher
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The international faculty member must have a
Ph.D. that is related to the position, and must have
three or more years for full-time work experience
The international faculty member must have a
permanent position (tenure-track or more than
three years of funding. Postdocs are not permanent
positions)
International faculty must meet the criteria as
detailed by immigration regulations – they must
prove they are internationally recognized and have
made a significant contributions to their field of
study by providing significant publications, detailed
letters of recommendation, proof of citations, etc.
(more details available at OISS)
Can apply at any point once the criteria have been
met
EB-1
• The EB-1 application is more difficult than the
EB-2, but can be approved much more quickly
than the EB-2
• The EB-1 also provides a much faster path to a
green card for applicants from China & India
EB-2 for Teaching Faculty
EB-2 Teaching Faculty
– The international faculty member must have a Ph.D. or Master’s degree that is related to the
position, and must have the minimum qualifications required by the position
– The position must include classroom teaching responsibilities (a combination of teaching and
research is allowed)
– The job must meet advertising criteria of USCIS, which includes print or web ad (web ads must
be posted for 30 days and proof must be retained) in a professional journal or Chronicle of
Higher Education
– Department must be able to show that the international faculty was “the best qualified
candidate for the position”
– The job must meet the prevailing wage determined by the Department of Labor
– The international faculty member must have a permanent position (tenure-track or more than
three years of funding
– The department must be willing to assist the OISS with the required documentation and must
initiate the petition within 16 months of the hire date
EB-2 Professional Journal
• At least one ad for the
position MUST be posted in a
professional journal
• Can’t be a job board
• Either in print or online for
30 days (keep proof of
posting!)
• Ad MUST list job
requirements and job duties
even if redundant or obvious
EB-2 For Nonteaching Faculty
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Must have advanced degree related
to the position
Must use newspaper ads, a posting in
the state labor department's job
bank, and, for professional positions,
three additional allowed forms of
recruitment.
Must hire any minimally qualified US
applicants
Can conduct additional recruitments
if necessary
EB-2 Comparison
Teaching Faculty
Nonteaching Faculty
• Must begin the process
within 16 months of
selection
• May hire most qualified
applicant
• Only requires one national
professional journal ad
• Must begin the process within 6
months of selection
• Must hire minimally qualified
US Citizen/PR applicant
• Requires newspaper ad, state
job bank ad (and 3 additional
forms of recruitment for
professional positions)
Handouts