WELCOME UCDHSC ISSS Department Administrator International Staff

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WELCOMEUCDHSC ISSSDepartment AdministratorInter
national Staff Faculty WorkshopMay 3, 2007
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ISSS Staff

• Betsy Bedient, Manager
• betsy.bedient_at_uchsc.edu 303-315-2242
• Laura Potter, Assistant Director
• Laura.potter_at_cudenver.edu 303-315-2235
• Lia Nelson-James, Intl Student/Scholar Advisor
• Lia.nelson_at_uchsc.edu 303-315-2244 303-724-0795
  (Th)
• Amy Boom, International Student/Scholar Advisor
• Amy.boom_at_cudenver.edu 303-315-2239
• Julie Atherton, Administrative Assistant
• Julie.Atherton_at_cudenver.edu 303-315-2243

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J-1 EXCHANGE VISITOR
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J Exchange Visitors

• UCDHSC is authorized by the U.S. State Department
  to sponsor Professors, Research Scholars,
  Short-Term Scholars, and Students.
• The Exchange Visitors J category is not
  necessarily equal to his/her job title at UCDHSC.
  
• Short-Term Scholar category is appropriate for an
  individual who will be in the U.S. for 6 months
  or less, and who will not need to extend his/her
  program.

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ONLY EDUCATIONAL COMMISSION for FOREIGN MEDICAL
GRADUATES(ECFMG)

• Issues DS-2019 for Alien Physicians
• in Graduate Medical
• Education

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Funding Requirement 1300 per month for J-1
Exchange Visitors plus additional 750 per month
for each J-2 dependent. Yearly total for
Exchange Visitor without dependents is
15,600.Yearly total for Exchange Visitor with
spouse and two children is 42,600.
J Exchange Visitors
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J Exchange Visitors

• Insurance Requirements
• All Exchange Visitors and their dependents must
  carry specified minimum coverage of health,
  repatriation, and emergency evacuation insurance.
• Health insurance is available to most J Exchange
  Visitors on payroll.
• Repatriation and evacuation insurance must
  usually be purchased separately.
• List of other providers on ISSS website.
• Visitors show proof of insurance upon arrival.

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J REQUEST PROCESSfor New Scholars

• Download appropriate J scholar forms from
  website
• Instructions (new or transfer)
• Faculty Sponsor Agreement Form
• Program Overview
• J-1 Regulations
• Letter of Invitation
• Departmental Request for DS-2019

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J Request Step 1 Faculty Sponsor Agreement Form

• Faculty Sponsor
• Reviews Program Overview and J-1 Regulations for
  Sponsor/Department responsibilities.
• Signs Faculty Agreement
• Form

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J Request Step 2 Create Letter of Invitation

• Use updated templates
• from website
• Insurance pick
• appropriate option
• Verify numbers,
• amounts, name spellings,
• etc.

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J Request Step 3

• Obtain Signatures on Invitation Letter
• Faculty Sponsor
• Department Head (may be multiple)
• Responsible or Alternative Responsible Officer
  (ISSS Staff)
• Scholar

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J Request Step 4

• Departmental
• Request for
• DS-2019
• Page 1

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J Request Step 5

• Submit to ISSS
• Service Request Memo.
• Signed invitation letter.
• Scholar CV.
• Proof of funding.
• Departmental Request.
• Scholars passport info page (include dependent
  passport info page).
• FEDEX airbill (if ISSS
• sending packet overseas)

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J Request Step 6

• ISSS creates DS-2019
• Process normally takes approximately 1 week from
  ISSS receipt of complete
• DS-2019 packet.

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J Request Step 7

• ISSS Sends DS-2019 Packet to Department
• Department sends DS-2019 packet as well as any
  departmental documents to the Scholar.

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J Request Step 8

• Inform ISSS of any issues, travel delay, or
  cancellation regarding your international
  scholar.

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Applying for J-1/2 Visa

• First-time J-1 visa applicant pays I-901 SEVIS
  fee and obtains electronic receipt.
• Canadians do not need visas.
• All other countries citizens should visit
  appropriate U.S. consulates website for details
  on application procedure http//usembassy.state.
  gov/
• Pay machine-readable visa fee and reciprocity
  fee, if any.
• Schedule appointment.
• Take passport (valid for at least six months),
  completed
• DS-156 for each applicant, original DS-2019 for
  each applicant, other forms as required by
  consulate.
• Wait for Consulate to complete necessary security
  check(s)
• Obtain visa(s) for travel and entry into the US.

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J Post Arrival

• Scholar check-in with ISSS upon arrival
• (Schedule 1 hr. appointment for check-in)
• Check-in should occur during scholars
• first week
• (important for immigration status)
• If scholar is being paid by UCDHSC
• Make additional appointment with Bernadette
  Mirelez, International Tax Specialist

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Social Security Numbers
ISSS strongly advises that international
employees wait 10 business days from date they
enter U.S. (or they receive change status) to
apply for SSN. This insures that their name is
in USCIS S.A.V.E. database. Only non-immigrants
who are authorized to work in U.S. are eligible
for a Social Security number (SSN). For example,
the H-4 spouse of an H-1B employee CANNOT get a
SSN.
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Colorado Drivers Licenses

• Colorado Department of Motor Vehicles (DMV) must
  see documents to prove legal status, identity,
  and birth date.
• DMV requires SSN or denial letter from Social
  Security Administration that s/he not eligible
  for SSN, or proof of card if granted work
  permissions, to get Colorado Drivers License.
• DMV must verify name in S.A.V.E. database as of
  8/1/06 in order to grant drivers license.

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J-1 EXTENSION PROCESS

• 60 days prior to the Program End Date on DS-2019
• 1. Faculty Sponsor prepares letter requesting
  extension and obtains signature from Dean/Dept.
  Chair/or Institute Director.
• 2. Department submits request letter to ISSS with
  EVs MOST RECENT I-94 card and completed
  Departmental Request for DS-2019.
• 3. ISSS creates official DS-2019 with revised
  funding information and program end date and
  sends to department contact to give to scholar.
• Dependent family members also need new
  DS-2019s.

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Sample I-94 Required for J-1 Extension
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J NEW 5 YEAR RULE

• Professors and researchers can stay for up to 5
  years in J status, cannot return in J professor
  status for 2 years.

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J Two Year Foreign Residence Requirement

• Some J visitors are required to return home for
  two years before holding H, L, permanent resident
  visa, or changing status in US (usually noted in
  visa)
• All ECFMG foreign physicians are required to
  return home
• Sometimes a waiver of this requirement is
  possible for these J visitors
• Contact ISSS advisor with questions

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J-1 Scholar

• Any Questions?

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Employment Eligibility Verification

• Presented by
• Shelly Crowley and Saleha Farooq
• UCDHSC Human Resources

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Who needs to complete an I-9?

• Every U.S. employer must have an I-9 form on file
  for every employee.
• An employee is defined as any individual
  compensated for services or labor rendered.
• If there is a break in service (e.g. retiree) an
  I-9 form is required upon rehire.
• As an alternative, employers may re-verify an I-9
  only if the employee was re-hired within 3 years
  of the employees initial I-9 date.
• Employees who are hired for three business days
  or less have to complete an I-9.

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Completing Each Section of the I-9 Form
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When is the I-9 Completed?

• Section 1
• Must be completed on or before the first day of
  paid work (when the employees payroll begins).
• Section 2
• Must be completed within 3 business days of the
  date of hire.
• Section 3
• Should be left blank.
• The I-9 Form must be completed at the same point
  in the employment process for all employees.

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International I-9s
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International I-9s

• If you have an employee that has a F, J, or H
  status, please have the employee schedule a
  meeting with Bernadette Mirelez, the
  International Tax Specialist.
• All other international I-9s can be completed in
  the HR Office at the Lawrence Street Center.

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International I-9s

• If you have an employee that has a F, J, or H
  status, please have the employee schedule a
  meeting with Bernadette Mirelez, the
  International Tax Specialist.
• All other international I-9s can be completed in
  the HR Office at the Lawrence Street Center.

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International I-9 Documents

• International employees can have several types
  of visas. However, all international employees
  in a F-1, J-1, or H-1 status have to provide the
  following documents
• Unexpired Foreign Passport
• Form I-94

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International Documents-Continued

• Additional documents an international employee
  will need to provide
• F-1 Status
• Form I-20
• J-1 Status
• DS 2019
• H-1B Status
• Reissued Form I-94
• A Visa is not a required document, however, if
  possible, we do like to have a copy for the
  employees file in HR.

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Other Documents

• I-551 Stamp
• The employee will need to present an unexpired
  passport, and the I-551 stamp.
• Please make sure the I-551 stamp has not expired.
• If it is expired, the employee will need to get a
  new stamp, or present a Permanent Resident Card.
• An Employment Authorization Card is another
  option.
• Certain aliens, such as asylees and refugees are
  work authorized and may not have an expiration
  date.

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List A Documents No Longer Valid

• Certificate of US Citizenship
• Certificate of Naturalization
• I-151 Alien Registration Receipt Card with
  photograph
• Unexpired Reentry Permit (Form I-327)
• Unexpired Refugee Travel Document (Form I-571)

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Completed I-9s
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Completed I-9s

• Please include the following when sending the
  I-9
• The original Employment Eligibility Verification
  I-9 document fully completed
• A copy of The List of Acceptable Documents
• A photocopy of the documents the employee
  presented for verification
• The Affirmation of Legal Work Status form

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Who is the official record keeper of the Form I-9
and Affirmation Form?

• HR is the official record keeper of all original
  form I-9s and Affirmation forms.
• The department can keep a copy of the form I-9,
  documents and the affirmation form. However,
  these copies should be destroyed after HR has
  received the paper work.

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How do I know HR received the I-9 form?

• To check if HR has received the form I-9, please
  log into PeopleSoft.
• Workforce Administration Personal
  Information Modify a Person
• From this point, please enter the employee ID.
• Click on the Identity/Diversity Tab.
• If HR has received a completed form I-9, there
  will be a recent date in the I-9 Effective Date,
  and the I-9 Verifier will be entered as well.

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Tips

• Do not use whiteout. If a mistake occurs while
  completing the form, neatly cross out the error,
  initial, and date.
• Corrections to Section 2 must be made by a UCDHSC
  representative.
• Make sure to include a photocopy of the documents
  the employee has presented.
• Only a photocopy of the front side of the
  document is necessary.

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Penalties

• Failing to comply with the Form I-9 requirements
• Employers who fail to properly complete the Form
  I-9 may face civil money penalties of not less
  than 100 and not more than 1,000 for each
  employees improperly completed Form I-9.
• Hiring or continuing to employ unauthorized
  aliens
• First Offense Not less than 250 and not more
  than 2,000 for each unauthorized alien
• Second Offense Not less than 2,000 and not more
  than 5,000

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Recent Developments in Colorado House Bill 1017
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Affirmation of Legal Work Status Form-Continued

• The Affirmation form has to be completed for all
  employees who are hired on or after January 1,
  2007.
• Within 3 days of hire the HR/Payroll Liaison must
  make an affirmation stating that they have
• Reviewed the employees legal work status
• Made copies of the I-9 documents
• The documents are not falsified
• To the best of your knowledge you are not hiring
  an unauthorized worker

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Enforcement/Penalties for the Affirmation of
Legal Work Status Form

• Enforcement
• Random Audits
• Penalties
• Reckless Disregard
• First offense has a penalty of 5,000
• The Second offense has a penalty of 25,000

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Contact Information

• Saleha Farooq
• Phone [phone]
• Email Saleha.Farooq_at_UCHSC.edu
• Campus Mailbox A005/130
• Mailing Address
• P.O. Box 173364
• Denver, CO 80217-3364
• Bernadette Mirelez
• International Tax Consultant
• Phone [phone]
• Monday and Friday at the Lawrence Street Center

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Questions?
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H-1B Temporary Non-Immigrant Workers in Specialty
Occupations
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Is an H-1B the best option?
Communication among the department, ISSS, and
potential employee important to determine whether
H-1B is appropriate both for department and
employee.
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Timeline Considerations

• ISSS can submit H-1B petitions to USCIS up to six
  months prior to start date of employees H-1B
  status.
• Internal ISSS processing can take month or more.
• Regular USCIS processing times can vary greatly,
  but generally average 4 months.
• Premium Processing guarantees processing within
  15 calendar days.

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Financial Considerations
H-1B Filing Fees H-1B (Form I-129)
190 H-1B Anti-Fraud Fee (Form I-129) 500 H-4
dependents (Form I-539) 200 Premium
Processing (Form I-907) 1,000 Cost of
I-129 I-539 will increase during 2007
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Financial Considerationscontinued

• If employee is terminated prior to end of
  requested H-1B status, the department must pay
  for the equivalent of a plane ticket to
  employees home country.

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H-1B Process Step 1- Forms
Visit the ISSS Scholar website to find H-1B
Checklist that matches your employees situation.
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H-1B ProcessStep 2

• DEPARTMENT COMPLETES
• Checklist
• Request Memo
• Actual Wage Form
• H-1B Questionnaire
• Payment Voucher with G-1055
• Fedex Label(s) with Fed Ex Account departmental
  account number
• NEW--California Service Center

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H1BQuestionnaire
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Tips on Questionnaire

• UCDHSC Appointment Information Address means
  street address(es) where employee will work.
• Requested Start End Date Can request up to 3
  years, but need to consider funding and remaining
  H eligibility.
• Personal Information OK to ask employee to
  complete.
• Exact Dates of any previous time in H status
• Location of U.S. Embassy or Consulate
• where scholar will/could obtain visa.

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More Tips on Questionnaire

• It is ABSOLUTELY CRITICAL that you inform ISSS if
  the employee has plans to travel outside the U.S.
  within 6 months from the date you submit the H1B
  request package to ISSS
• Travel has important implications for ISSS
  caseload prioritization
• There are also logistical considerations if the
  employee must obtain a new visa

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H-1 Process Step 2.5

• EMPLOYEE GATHERS
• All previous immigration documents
• Academic and professional credentials
• Updated C.V. or resume
• Licenses and all three parts of USMLE required
  for clinical
• Birth and marriage certificates if extending
  dependents status in U.S.

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H-1B Process Step 3

• Department sends all documents from department
  and scholar to ISSS via intercampus mail or FedEx

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H-1B Process Step 4

• ISSS prioritizes case in relation to other cases
  pending based on
• Requested start date for new employee
• If new employee porting
• Status expiration of current H-1B employee
• Employee travel plans

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H-1B Process Step 5

• Review payment voucher and hand delivers to PCS
• Review all other submitted documents
• If documents or information are missing, ISSS
  contacts department or scholar
• Note While ISSS may have copies of immigration
  documents and credentials on file, retrieving
  documents from previous filing for extension can
  add significant processing time.

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H-1B Process Step 6

• ISSS uses the Actual Wage memo, Department memo,
  and Questionnaire to electronically submit
  Prevailing Wage (PW) request to CO. Depart. of
  Labor
• CO Dept. of Labor e-mails Prevailing Wage
  Determination to ISSS within 15 business days

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H-1B Process Step 6.5

• If Prevailing Wage is less than or equal to
  proposed pay, ISSS goes to next step.
• If Prevailing Wage is greater than proposed pay,
  ISSS works with Department and CODOL to resolve
  discrepancy.

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H-1B ProcessStep 7

• ISSS completes on-line Labor Condition
  Application (LCA) and sends 2 copies of certified
  LCA to Department for posting for 10 business
  days
• ISSS creates Public Access File with information
  about LCA
• Department returns proof of posting to ISSS

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H-1B Process Step 8

• Create forms -- I-129, I-129 H and H-1B Data
  Collection supplements, I-539 (if dependents),
  and I-907 (if premium processing)
• Submit original I-129 petition, I-907, I-539
  and supporting documents to USCIS via FedEx
• Send 2 copies (one for employee, one for
  department ) of full filing to department contact
  with cover memo

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H-1B Process Step 9

• USCIS sends Receipt Notice to acknowledge that
  petition in process
• ISSS sends copies of receipt notice to HR,
  department contact, and scholar

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H-1B Process Step 10

• USCIS approves petition and sends I-797 Approval
  Notice for H-1B Worker to ISSS, Approval
  Notice(s) for family member(s) to home address
  indicated on I-539
• ISSS sends original I-797 for employee and cover
  memo to department contact with copy for
  department

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H-1B ProcessStep 10.5 Outside the USA

• Once approved, employee applies for H-1B visa at
  U.S. consulate abroad or receives change of
  status/extension of stay in U.S. Procedures to
  schedule an interview appointment vary depending
  on embassy/consulate.
• If technology clearance seems likely, H-1B visa
  applicant should also take current C.V. including
  all publications and detailed description (in
  laypersons terms) of current job duties, signed
  by supervisor
• Canadian citizens do not need visa!

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H-1B Scholar

• Any Questions?

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Other Nonimmigrant categories Pathways to PR
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OTHER VISA TYPES

• TNTreaty NAFTAprofessionals, limited to
  Canadian, Mexican, Singaporean, Chilean citizens.
• E-3--Australian professionals, including
  physicians.
• O-1Employee with extraordinary ability,
  including physicians (can sometimes use if no H
  time left)

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B1/WB Visitors for Business

• Appropriate for a visitor with primary residence
  abroad, who will be engaged in the following
  types of activity for a short period (3-6
  months)
• Consulting with business associates.
• Observing professional activities.
• Participating in scientific, educational,
  professional or business conventions,
  conferences, or seminars.
• Undertaking independent research.
• Engaging in medical clerkships (externships).

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B1/WB Visitors for Business (cont.)

• Limitations
• B-1/WB visitors ARE NOT permitted to be employed
  by U.S. employer, but can be reimbursed for
  expenses in most cases.
• B-1/WB visitors ARE allowed to receive academic
  honoraria, in addition to expenses if
• Activity no more than 9 days at 1 institution,
  and
• Visitor has not accepted honoraria from more
  than 5 institutions in the previous 6-month
  period.

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Steps to UCDHSC-Sponsored Permanent Residence

• Initial Appointment - Department Administrator or
  Faculty Sponsor schedules appointment with ISSS
  to discuss various routes to permanent residence
  appropriate for position and employee and to
  choose one or more, as needed.
• Attendees ISSS, Department Administrator,
  sponsoring faculty member, foreign employee (by
  telephone if not in US).
• Both Department and employee must fully
  participate.

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Teaching Faculty

• Faculty member with teaching responsibilities
  hired as the result of national search may be
  eligible for a Special Handling Labor
  Certification, first step in process of obtaining
  permanent residency.
• In order to qualify, the Labor Certification
  Application must be filed within 18 months of
  date the position was offered to applicant as
  documented by the date on offer letter.
• If your department has recently hired a
  nonimmigrant faculty member with teaching
  responsibilities, please contact ISSS to discuss
  options.

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Thank You!Any Questions?