Other Professional Services Compensation (OPS)

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Other Professional Services
(OPS)-Payments to Domestic
and International Employees
Presented by
Nina Bates, Business Administrator, Office of the Provost
Dana Bleau, Director, International Faculty & Scholars,
Global Initiatives
Other Professional Services Compensation (OPS)
Objectives:
 Definition and
purpose
 When OPS is
applicable
 Completing the form
 Resources: Reports
in UAccess Analytics
 How OPS intersects
with immigration
regulations
 Questions
Other Professional Services Compensation (OPS)
 Definition and Purpose
 not part of the normal duties and
responsibilities and/or outside home
department
 Fixed fee/payment
 Short period of time (i.e. one semester)
Other Professional Services Compensation (OPS)
 Definition and Purpose (cont.)
 Work not tied to hours
 Does not count toward employee’s
maximum Supp Comp Authorized
Earnings
 Minimal payment
 Types of OPS are: Instruction – Credit,
Instruction – Non-Credit,
Incidental/Project Specific Assignment
Other Professional Services Compensation (OPS)
 Examples:
Incidental/Project
Specific
Non-credit courses
Credit courses
Guest speaker for
workshop
CESL
Evening MBA
Manuscript review for
UA Press
Executive Education
Executive MBA
Short period interim
position
Outreach/Distance
Courses
Teaching for a
semester for other
department
Other Professional Services Compensation (OPS)
 What to watch for
 OPS cannot be paid on sponsored
accounts
 May not be used for long term duties (i.e.
stipend may be used)
Other Professional Services Compensation (OPS)
 What to watch for (cont.)
 May not be used for compensation for
Limited Term Adjuncts (i.e. same duties in
the same department – FTE increase). Watch
for Affordable Care Act (ACA) and retirement
eligibility.
 Low FTE and non-benefits eligible employees
(ACA and retirement eligibility)
 May not be used for compensation paid to
foreign nationals (details to follow)
 Domestic Hypothetical 1
 A graduate Academic Advisor
in the English department who
is at 0.50 FTE is given duties
to advise undergraduate
students for a semester.
 Domestic Hypothetical 1
 How do you pay the
advisor?
 Temporarily increase FTE
– same duties
 Domestic Hypothetical 2
 A faculty member in the
Geography department who is
at 1.0 FTE is working on a final
report for a grant for the
Institute of the Environment.
 Domestic Hypothetical 2
 How do you pay the faculty
member?
 Supplemental
Compensation paid on a
grant account or OPS paid
on another account.
 Domestic Hypothetical 3
 An adjunct lecturer in
Educational Psychology working
at 0.25 FTE. He has been asked
to teach a course in Teaching
Teacher Education for a
semester.
 Domestic Hypothetical 3
 How do you pay the adjunct
faculty member?
 Increase FTE and split
fund
Note: Watch for ACA and
retirement eligibility.
 Domestic Hypothetical 4
 A full time faculty member
in Aerospace and
Mechanical Engineering is
serving as the chair of a
committee for an academic
year and is being
compensated for his
service.
 Domestic Hypothetical 4
 How do you pay him?
 Other stipend processed
in UAccess employee.
 If it is for a semester?
OPS
Policies and Forms
 HR website
http://www.hr.arizona.edu/compensation_d
efinitions_faculty_appointed-professionals
 Systems Control website
http://syscon.arizona.edu/othercompensation
 E-forms http://uabis.arizona.edu/eforms/
Completing the Form
Most
information
can be found
in UAccess
Employee –
Manager Self
Service –
Position
Cross
Reference
Where to look? Reports in Analytics can guide you.
Citizenship Status
Dashboard > Employee > Employee Detail > Employee
Profile
Historical Compensation
Dashboard > Employee > Business Manager Home Page >
Supplemental Compensation
Low FTE Non-Benefits Eligible Employees
UAccess Analytics > Employee > Business Manager Home
Page > SUP Comp History
Self-audit
UAccess Analytics > Employee > Workforce > All Active
Employees
Other Professional Services Compensation (OPS)
When, if at all, is it appropriate to use OPS to
pay foreign national employees?
- Depends on immigration status:
- Is activity allowed?
- Is work authorization restricted?
- Is an Employment Authorization
Document (EAD) being used?
Guidance memo issued on January 30, 2015:
http://uaatwork.arizona.edu/uannounce/otherprofessional-services-ops-payment-internationalscholars-faculty-employees
Other Professional Services Compensation (OPS)
 J-1 Research Scholars and Professors
 Authorized to participate in a preapproved, specific program.
 Not authorized to perform work/activities
outside of their regular program.
 Details of their program include:
 Funding amount
 Program activity
 Site of activity
Other Professional Services Compensation (OPS)
J-1 Research Scholars and Professors
(cont.)
 Any deviation must be pre-approved by
International Faculty & Scholars and
entered into SEVIS.
 Since J-1 Research Scholars and
Professors may not engage in activities
outside of their listed program activities,
they are not, by definition, eligible for
OPS.
 International Hypothetical 1
 J-1 Research Scholar approved
to teach English in CESL. Native
language is Spanish. Scholar
offered a part-time position
teaching Spanish in the Spanish
Department.
 Can Scholar teach Spanish?
 Not listed on DS-2019 –
cannot teach Spanish.
 Amend DS-2019 – may
teach Spanish.
 International Hypothetical 1
 How do you pay?
 OPS payment – No.
 Split fund – Yes. Two
departments paying one
employee for two different
services.
 H-1B and O-1 Employees
 H-1B employees are only
authorized to perform the
duties stated in the I-129
petition and LCA. A new LCA
and H-1B petition seeking an
amendment is required before
any changes in duties, salary,
hours and/or job location(s),
including departments, can be
made. O-1 employees have
the same restrictions, but for
the filing of the LCA.
 H-1B and O-1 Employees (cont.)
 H-1B Academic appointment
teaching faculty
 They may pick up courses in
the summer, but only if the
same field as listed on the I129 and approved by USCIS.
 May not pick up courses in a
different field, location, etc.
until an amendment request is
received by USCIS.
 Since H-1B and O-1 employees
may not engage in work outside
of their government approved
duties, they are not, by definition,
eligible for OPS.
 International Hypothetical 2
 H-1B Employee authorized by
USCIS to work in Optical
Sciences teaching courses on
lasers. Native language is French
and has been offered temporary
summer position to teach in the
French department.
 Can H-1 B employee teach
French?
 No. H-1B petition was not
approved for teaching
French.
 Amend H-1B petition. May
begin teaching at time
USCIS receives petition.
This can take up to 3
months.
 International Hypothetical 2
 How do you pay?
 OPS payment – No.
Teaching French was not
approved by USCIS.
 Split fund – Yes, IF an
amended petition was
submitted before
teaching French.
 International Hypothetical 3
 O-1 Alien authorized by USCIS to
work in Athletics coaching and
recruiting. O-1 would like to
teach a Nutrition class in the
summer.
 Can O-1 employee teach
Nutrition?
 No. O-1petition was not
approved for teaching
courses.
 Amend O-1petition. May
begin teaching once USCIS
approves petition. This can
take up to 3 months.
 International Hypothetical 3
 How do you pay?
 OPS payment – No.
Teaching was not
approved by USCIS.
 Split fund – Yes, once O-1
is approved to include new
duties.
 International Hypothetical 4
 Faculty member has a pending
Permanent Residency (PR)
petition and an accompanying
Employment Authorization
Document (EAD).
 Can PR employee engage in
work outside of their regular
assignment?
 Yes, if they are using their
EAD card. There are no
restrictions on the EAD
card, but for the validity
dates.
 International Hypothetical 4
 How do you pay?
 OPS payment – Yes, if
appropriate.
 Split fund – Yes, if
appropriate.
 International Hypothetical 5
 F-1 Engineering student on OPT
lectures in Engineering & Mines.
He has been asked to lecture a
few times in Electrical
Engineering.
 Can F-1 student on OPT with
an EAD teach in Electrical
Engineering?
 Yes, because:
 1. Student has an EAD
card and
 2. Electrical Engineering
is relevant to his field of
study.
 International Hypothetical 5
 How do you pay?
 OPS payment – Yes, if
appropriate.
 Split fund – Yes, if
appropriate.
 International Hypothetical 6
 F-1 Engineering student on OPT
lectures in Engineering & Mines.
He has been asked to lecture a
few times in Music due to his
extensive knowledge of native
instruments.
 Can F-1 student on OPT with
an EAD teach in Music?
 No, because:
 1. Although student has
an EAD card
 2. Music is not relevant
to his field of study.
 International Hypothetical 6
• F-1 students using OPT know
that they must work only in
areas relevant to their area of
study. Compliance is the
student’s responsibility.
• Contact International Student
Services at
dso@email.arizona.edu for all
F-1, OPT, and J-1 Student
issues concerning employment
using an EAD.
Contact Information
 Office of the Provost
http://provost.arizona.edu/
520-621-1856
 Office of International Faculty and Scholars
https://global.arizona.edu/international-faculty
520-626-6289
 Office of International Students
https://global.arizona.edu/international-students
520-621-4627
Questions?
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