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
International Population at UT
F-1 Students
98
150
J-1 Exchange
What About Other Visa
Visitors
Types?
H-1B Employees
There are more than just
these 3 visas working and
1589
studying at UT.
Vocabulary & Acronyms
Non-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
I-9 Form: Employment Eligibility Verification
CPT: Curricular Practical Training
OPT: Optional Practical Training
F-1 Student Employment
On-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
Benefits &
Challenges
+ 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.
OPT
Cont.
 STEM = science, technology,
engineering, & mathematics.
 USCIS Designated list of
degrees.
What is a
STEM
Extension?
 Additional 17 months of
employment.
 Must work at an
participant company.
J-1 Exchange Visitors
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.”
ShortTerm
Scholars
(6 month
max)
Research
Scholars
(5 year
max)
Professor
s
(5 year
max)
Students
(non-degree
& degree
seeking)
(no time
limit)
J-1
Dept.
Cont.
Steps &
Responsibilities
Gather all relevant information and
submit documents to OISSS.
Request documents from OISSS, 35 day processing period.
Individual applies for J-1 visa.
Individual arrives and reports to OISSS
OISSS
Dept.
• Transportation
• Housing
• Rocket ID Card
• Research
Space
•
•
•
•
•
•
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); or
Signed 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.
H-1B Visa
Temporary work visa
that allows employment
for up to 6 years,
and sometimes longer
Specialty
Occupations
*
Dept. of
Defense
Researcher
* UT only employees H-1B under this category.
Fashion
Models of
distinguished
merit and
ability
H-1B
Cont.
Steps &
Responsibilities
Documents and actual wage info submitted to
OISSS.
Dept.
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.
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 Advantages
H-1B
Cont.
Advantages & Disadvantages
•
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 H1B employee;
•
UT must pay return reasonable transportation
costs home for terminated employee;
•
Spouses on H-4 visa cannot work.
H-1B cont.
Required Wage Rate
Explanation
 Required Wage Rate = the higher of
either A) the actual wage paid, OR B)
the prevailing wage.
 Actual Wage calculation example:
Postdoc Name
Actual Postdoc
Salary / Yr
Miguel Cabrera
$50,000
Joseph Mauer
$45,000
Travis Hafner
$40,000
Adam Dunn
$21,000
 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.
Compare & Contrast
J-1 Exchange Visitors
H-1B Employees
 No immigrant intent
 Allows dual-intent
 5 year max
 6 year max, sometimes more
 Visa fees  J-1 Responsibility
 Visa fees  UT Dept.
responsible
 $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
 $1,325 fee
 Requires UT pay Required
Wage Rate
 Affected by 2-year HRR
 No H-4 Employment for
spouses
 1-year bar

Other Visa
Types
TN (Canadian & Mexican
NAFTA Workers)
O-1 (Extraordinary Abilities)
L-1
H-1B1
E-3
Honorariums

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
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;
Person 1
NO STATUS
OR EXPIRED
STATUS, OR
ILLEGAL
STATUS
Person 2
NONIMMIGRANT/
TEMPORARY:
Study, work,
join family,
tourist
Person 3
IMMIGRANT
/ PERM-GC:
Permanent
intent to
stay in U.S.
Person 4
U.S. Citizen

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.
Form I-9:
Employment
Eligibility
Verification
Examples
Social Security Card
Green Card
E-Verify Participant
What Does That Mean?
Why Does This Matter?