Presentation on theme: "Processing Foreign National Employees, Scholars & Visitors in iStart"— Presentation transcript:
1 Processing Foreign National Employees, Scholars & Visitors in iStart iStart Departmental User Guide Presented by: The Office of Global Human Resources and The Office of International EducationSummer 2014
2 Processing Foreign National Employees, Scholars & Visitors in iStart All foreign national employees, scholars and visitors must be processed in iStart by the hiring or host department.Before a foreign national can begin working, conducting research, etc., Global HR or ISSS must approve the appropriate iStart e-forms.
3 Processing Foreign National Employees, Scholars & Visitors in iStart Each nonimmigrant and immigrant section contains 4 slidesGeneral information about the visa statusOverview of the process with the various entities and systemsDetails of the process per personiStart process; the required e-forms and documentationGeneral InformationProcess OverviewProcess Details & TimelineiStart E-forms & Required Documents
4 Processing Foreign National Employees, Scholars & Visitors in iStart After completing this tutorial, you should be able to do the following:Add a new person to iStartReview your open casesIdentify appropriate status options for the employee, scholar or visitorInitiate requests in iStartIdentify which statuses are processed by Global Human ResourcesIdentify which statuses are processed by ISSS
5 Definitions & Terms Nonimmigrant Visa Status Immigrant Visa Status Intent to visit the U.S. for a temporary period. Admission granted for a specific period of stay and to participate in a specified activitytravel.state.gov/visa/temp/types/types_1286.htmlImmigrant Visa StatusIntent to reside in the U.S. permanently. Admission granted with no specific period of stay no restrictions on activity
6 Federal Agency Overview Department of LaborEmployment & Training AdministrationForeign Labor CertificationNational Prevailing Wage CenterDepartment of Homeland SecurityCustoms & Border ProtectionCitizenship & Immigration ServicesImmigration & Customs EnforcementSEVISDepartment of StateConsular AffairsEducational and Cultural Affairs
7 iStart Departmental User Access Requesting Departmental Services AccessAfter viewing this tutorial, submit a web form atThe screen shots demonstrate the following:How to log in with department accessAccessing client casesVisual of grouped e-forms look like and what pending for review meansUnderstanding client access vs. 2nd approverEdit
11 Case Information Display To view the status of the Request for this case click on the specific request title
12 Reviewing A Pending Grouped E-form- The section is incomplete and needs action by the Department Administrator to either complete the section or initiate the second approver e-form to the scholarThe section is complete and no further action is neededThe section is not yet available until all other sections of the request have been completedThe section is pending review by OIEThe section has been sent to PI or scholar as a second approver to complete. Upon completion of the 2nd approver section, it will be complete and a check-box will be visible.The icons above are what you will see when completing the J Scholar Initial DS-2019 Request. Below is a brief description of other icons you may see as an iStart Departmental Services user.Optional- Submission of this section is not requiredDraft- The section has been saved to draft status by Department AdministratorSubmit Another- Alows for multiple submissions of the same e-form. Use ONLY for NEW requestsFollow-Up Required- The section has been saved to follow-up status by OIE and requires action by the initiator of the requestDenied- E-form has been denied by OIE. A NEW request must be submitted.
13 Client Access vs. 2nd Approver Client access allows the Hiring Manager to send an entire E-form to the client for their completion.2nd Approver allows a hiring manager to designate a second party (applicant, PI, OLA etc.) to complete a portion of the form (Placement Plan, Language Proficiency, Export Control, etc.).
15 B-1 Business Visitor or Visa Waiver Business Primary PurposeConsult, Attend MeetingNo EmploymentPermissible ActivitiesB-1 visa holders or Visa Waiver Business (VWB) may participate in scientific, professional or business conventions/ conferences, or undertake independent research.RestrictionsB-1 visa holders are not permitted to accept full-time, part-time or temporary teaching or research positions.Honorariums permitted if the activity lasts no more than 9 days and the individual has not accepted payment from more than 5 institutions in the previous 6 months.Funding SourceSubsistence allowance (per diem) or reimbursement for travel and living expenses permitted.Honorariums permitted but limited.DurationB-1: 6 month maximum, possible extensionVWB: 90 day maximumCostThe individual is responsible for any costs incurredAdministrative OfficeGlobal HR
16 B-1/VWB: Process Overview Georgia TechiStart: Department / Visitor / Global HRDepartment of StateConsular Affairs: B-1/B-2 VisaDepartment of Homeland SecurityCustoms and Border Protection: B-1 or VWB at port of entry
17 B-1/VWB: Process Details & Timeline PI and/or VisitorDetermine program details and datesRequest must be submitted at least 1 month before planned start dateHR RepRequest GT ID from BannerComplete required e-formsPI & Legal AffairsComplete export review processVisitorComplete required e-forms in iStartGlobal HRReview all electronic forms submitted by department and visitorConsular AffairsVisitor makes visa appointmentWait times vary and are unpredictableCustoms and Border ProtectionStamp visitors passport with either B-1 or VWBIf the visitor enters as a tourist (B-2 or VWT), they must have it changedComplete iStart arrival information within 48 hours of arrival
18 B-1/VWB: iStart E-forms & Required Documents HR RepDepartmental ContactB-1/VWB Export Control CertificationB-1, VWB Process AuthorizationLetter of invitationVisitorPre-ArrivalB-1, VWB Visitor/Researcher InformationCVPassportPost-ArrivalB-1 / VWB Arrival Information and DocumentationVisaI-94 Record
19 H-1B Temporary Worker Primary Purpose Permissible Activities EmploymentPermissible ActivitiesH-1B must have an academic or research, full-time position, including but not limited to tenure track positions.H-1B visa holders sponsored by Georgia Tech must work at Georgia Tech in the job listed on H-1B petition; any change in employment requires a new H-1B petition.RestrictionsNo employment with or payments from another employer unless that employer has filed a concurrent H-1B petition.Must be paid a wage that meets or exceeds the prevailing wage or the actual wage.Funding SourceIndividual must be on Georgia Tech’s regular payroll.DurationInitial Period: Up to 3 yearsExtensions: Up to 3 years per extensionMaximum: 6 yearsCostThe hiring departments pay DHS fees for all H-1B petitionsStandard processing/base fee: $325Anti-fraud and detection fee (initial petitions only): $500Premium processing: $1225The individual covers DHS fees for his/her family members.Administrative OfficeGlobal HR
20 H-1B: Process Overview Georgia Tech iStart: Department/Employee/Global HRDepartment of LaborNational Prevailing Wage Center: Prevailing WageEmployment & Training Administration: Labor Condition ApplicationDepartment of Homeland SecurityCitizenship & Immigration Services: Form I-129, Petition for a Nonimmigrant WorkerDepartment of StateConsular Affairs: H-1B visa (if outside the US)Customs & Border Protection: Permitted to arrive up to 10 days before employment/H-1B start date
21 H-1B: Process Details & Timeline HR RepRequest GT ID from Banner (new employee)Submit PSF to hire employee or make changes in current employment, if applicableSubmit required e-forms months before start dateEmployeeSubmit required e-formsGlobal HRRequest prevailing wage (60 days)Request Labor Condition Application (7 days)Mail H-1B petition to Citizenship & Immigration Services (2 weeks – 4 months)Consular AffairsH-1B visa (if outside the US); wait times vary and are unpredictable.
22 H-1B: iStart E-forms & Required Documents HR Rep/UserDepartmental Contact and H-1B ComplianceH-1B/O-1/E-3 Export Control CertificationH-1B, O-1, E-3 Process AuthorizationLetter of SupportChecksPart-time H-1B Employment Memo (if applicable)2nd ApproversDepartment ChairPart 2 of Departmental Contact and H-1B CompliancePIPart 2 of Part-time H-1B Employment MemoEmployeeH-1B, O-1, E-3 Faculty/Researcher InformationCVDegree & TranscriptsImmigration Status History / H-1B Time Recapture for Extensions beyond Six YearsImmigration DocumentsH-1B Employee Compliance CertificationH-1B, O-1, E-3 Dependent InformationImmigration documentsNotification of Termination and/or Resignation of H-1B, O-1, E-3 Employee
23 J-1 Exchange Visitor Scholar Categories Primary PurposeParticipate in educational or cultural exchangePermissible ActivitiesPermitted to engage in academic teaching or research activities as listed on immigration document (DS- 2019)RestrictionsNo tenure track or tenured positions.Incidental outside employment only if authorized in advance by ISSS12 month bar prevents a new program if an individual has held J status (J1 or J2) in the last 12 months for a period greater than 6 months24 month bar prevents repeat participation in the Research Scholar and Professor categories upon completion of a Research Scholar or Professor ProgramJ-1 and J-2 may be subject to a two year home residence requirement due to the skills list or receiving U.S. or foreign government fundingFunding SourceFunding can come from a variety of sources, including self-fundingDurationShort Term Scholar max. 6 monthsResearch Scholar & Professor 3 weeks to max. 5 yearsExtensions: Initiated by DepartmentCostNo cost to the department or the EVAdministrative OfficeISSSComplete request at least 60 days prior to start of J EV program to ensure timely arrival
24 J-1 Scholar: Process Overview Georgia TechiStart: Department/Exchange Visitor/ISSSResearch Integrity Assurance OLA Export Control reviewDepartment of Homeland SecurityImmigration & Customs EnforcementSEVIS: Form DS-2019 (processed by ISSS) & I-901 Fee (paid by Scholar)Department of StateConsular Affairs: J-1 VisaCustoms and Border Protection: Arrive within 15 days of the start date on DS-2019 or request a deferral
25 J-1 Scholar: Process Details & Timeline J EVIdentify host faculty/ supervisorEstablish exchange program detailsHR ManagerSubmit PSF to hire a Visiting Student Researcher or Visiting ScholarRequest GT ID in BannerInitiate Export Control review, Office of Legal Affairs & submit stand alone J export control verification e-formSubmit J Scholar e-form group in iStartP.I./Faculty Supervisor or HR:English Language ProficiencyExchange Visitor (EV)Provide funding and dependent information to host dept.Finalize anticipated program datesSubmit Applicant Information e-formISSSReview iStart DS-2019 request & Export Control Verification e-formFollow-up with host department OR issue DS-2019 if request completeCommunicate pre-arrival information with J scholarJ EV (Pre-Arrival)Read pre-arrival information provided by ISSS in the DS-2019 approvalUpon receipt of DS pay SEVIS I-901 feeSchedule visa interview (except Canadian & Bermudan Citizens)J EV Post-ArrivalArrive to GT within 15 days of the DS-2019 start date or notify host dept. to defer or cancel JEV programComplete Check-in via iStart within 30 days of DS-2019 start dateAttend scheduled J Scholar orientation
26 J-1 Scholar: iStart E-forms & Required Documents HR Manager(1) Scholar Program Information(3) Scholar Financial Information(4) Scholar Departmental Compliance Certification(5) J Export Control Verification: with OLA 2nd approvalP.I./Faculty Supervisor /OLA2nd Approver for Language Proficiency (if HR Manager chooses)2nd approver for Export Control VerificationExchange Visitor (EV)Pre-Arrival(2) Scholar Applicant Information including Dependent (Spouse/Children) information if applicable(6)Post-ArrivalComplete iStart check-inAdd required documents for e-forms?
27 J-1 Exchange Visitor Student Intern Primary PurposeStudent research/practical training to fulfill educational objectives for a current degree program at foreign institutionPermissible ActivitiesPermitted to engage in paid or unpaid academic or research activities as listed on his/her immigration document (DS- 2019)RestrictionsJ-1 and J-2 may be subject to a two year home residence requirement based on the skills list or receiving funding from a U.S. or foreign gov’t sourceFunding SourceCan originate from a variety of sources, including self-fundingDurationCostIntern Placement Fee of $325 per intern, $50 for GTL or GT-ShanghaiAdministrative OfficeISSSComplete request at min. 60 days prior to start of J EV program
28 J-1 Student Intern: Process Overview Georgia TechiStart: Department/J-1 Student Intern/ISSSResearch Integrity Assurance OLA Export Control reviewDepartment of Homeland SecurityImmigration and Customs EnforcementSEVIS: Form DS-2019 and DS-7002 (processed by ISSS)Customs and Border Protection: Must arrive within 4 days of days of start date on DS-2019
29 J-1 Student Intern: Process Details & Timeline J EVIdentify host faculty/ supervisorEstablish exchange program detailsHR ManagerSubmit PSF to hire a Visiting Student Researcher or Visiting ScholarRequest GT ID in BannerSubmit Export Control forms for OLA reviewSubmit J Intern e-form group & export control e-form in iStartP.I./Faculty Supervisor:2nd Approver for Language Proficiency (if HR Manager chooses)Exchange Visitor (EV)Provide funding and dependent information to host dept. & finalize anticipated program datesSubmit Applicant Information e-formISSSReview DS-2019 request & export control verification in iStartProcess DS-2019 & notify host dept.Communicate pre-arrival information with J InternJ EV (Pre-Arrival)Read pre-arrival information provided by ISSS in the DS-2019 approvalUpon receipt of DS pay SEVIS I-901 feeSchedule visa interview (except Canadian & Bermudan Citizens)J EV (Post-Arrival)Arrive to GT within 3 days of the DS-2019 start date or notify host dept. with a request to defer or cancel JEV programComplete Check-in via iStart within 5 days of DS-2019 start date & attend scheduled orientation
30 J-1 Student Intern: iStart E-forms & Required Documents Hiring/Host Department(1) Student Intern Program Information(3) Home Institution Certification(4) Department Compliance Certification(5) J Export Control VerificationP.I./Faculty Supervisor/OLA2nd Approver for Language Proficiency (if HR Manager chooses)2nd approver for Export ControlStudent Intern(2) Student Intern Applicant Information(6) Post Arrival complete iStart J intern check-inAdd required documents for each e-form?
31 Trade NAFTA (TN) Primary Purpose Funding Source EmploymentPermissible Activities/PositionsTN must be coming to Georgia Tech to perform duties as a NAFTA professional.Research positions and non-tenure-track teaching positions only.RestrictionsLimited to Mexican and Canadian citizens.Employment limited to professions approved by NAFTA.Employer-specific; however, TN may add an employer.TN cannot be used for tenure track or tenured positions.Funding SourceGeorgia Tech payroll; fellowships; grants.DurationInitial period: Up to 3 yearsExtensions: up to 3 year incrementsMaximum: noneCostThe individual is responsible for any costs incurred.A change of status petition incurs a fee of $325.Administrative OfficeGlobal HR
32 TN Process Overview Canadian National Mexican National Georgia Tech iStart: Department /Employee/Global HRDepartment of Homeland SecurityCustoms & Border Protection: TN Status at port of entryGeorgia TechiStart: Department/Employee/Global HRDepartment of StateConsular Affairs: TN VisaDepartment of Homeland SecurityCustoms & Border Protection: TN passport stamp
33 TN Process Details & Timeline HR RepNew Georgia Tech Employment or Change in Current Georgia Tech EmploymentRequest GT ID from BannerSubmit PSF to hire employee or make changes in current employmentSubmit required e-forms months before start dateExtension of employment with no changesEmployeeSubmit required e-formsGlobal HRReview all e-formsMail H-1B petition to Citizenship & Immigration Services if beneficiary is inside the US
34 TN: iStart E-forms & Required Documents HR RepDepartmental ContactTN Process AuthorizationLetter of supportChecks (if in US)2nd ApproverPIPart 2 of TN Process AuthorizationEmployeeTN Faculty/Researcher InformationImmigration DocumentsCVDegree/Certifications
35 Other Nonimmigrant Statuses E-3 Temporary Australian WorkerThe E-3 Status is identical to the H-1B, only available to Australian citizens. Consult with an Immigration Specialist in Global HR if questions or concerns arise regarding an E-3 case.O-1Temporary WorkerGenerally only advisable for individuals subject to the two-year home residency rule, requirements are similar to an EB-1 Outstanding Professor or Researcher petition. Consult with an Immigration Specialist in Global HR if questions or concerns arise regarding these statuses.F-1 OPTCurrently there is no process in iStart for employees in F-1 status with OPT work authorization. Please contact an Immigration Specialist in Global Human Resources if questions or concerns arise regarding employees in this status.
36 Immigrant Petition Options EB-1; Outstanding Professor or ResearcherEB-2; Advanced degree holder, Special Handling for University TeachersImmigrant Petition Options
37 EB-1; Outstanding Professor or Researcher Type of IndividualProfessor or researcher who is recognized internationally as outstanding in the academic field, and who has at least 3 years of teaching or research experience in the field.Job Offer RequirementMust have offer of a tenured or tenure-track teaching or permanent research positionRequirementsIndividual must be in the field of endeavor for at least 3 years after the completion of the terminal degree; must a meet at least 2 of the6 substantiating evidence categories.RestrictionsPostdoctoral fellows are not eligible for an EB-1 petition sponsored by Georgia Tech
38 EB-1; Outstanding Professor or Researcher Necessary DocumentationBeneficiary must compile and submit evidence in at least 3 of the following categories:Receipt of major prizes or awards for outstanding achievement in the academic field;Membership in associations in the academic field which require outstanding achievements in the academic field;Published material written by others about the alien's work in the academic field;Evidence of participation as the judge of the work of others in the same or an allied academic field;Original scientific or scholarly research contributions to the academic field;Authorship of scholarly books or articles (in scholarly journals with international circulation) in the academic field.
39 EB-1 Process Overview iStart Department Employee Global HR Document ReviewCitizenship & Immigration ServicesI-140, Immigrant Petition for Alien WorkerI-485, Application to Adjust Status
40 EB-1 Process Details & Timeline HR RepDetermine department’s ability to sponsor employee’s permanent residencySubmit forms in iStartGlobal HRReview formsDetermine best type of petitionRequest permission to file immigrant petition from ProvostEmployeeWork with Immigration Specialist to compile documentationCan take monthsSubmit I-140 petition to USCISPremium processing – 15 daysStandard processing – 4 monthsSubmit I-485, Application to Adjust Status after I-140 is approved
41 EB-1: iStart E-forms & Required Documents DepartmentHR RepDepartmental Contact and College ApprovalPermanent Residency Process Authorization2nd ApproversCollege HR RepPart 2 of Departmental Contact and College ApprovalDepartment ChairPart 2 of Permanent Residency Process AuthorizationEmployeeI-140 Checklist for EB-1, Outstanding Professor or ResearcherPermanent Residency Faculty/Researcher Information
42 EB-2; Advanced degree holder, Special Handling for University Teachers Type of IndividualAn individual holding a degree above a bachelor's degree, which is required for the job offered. Individual must engage in classroom teaching.Job Offer RequirementMust have offer of a permanent full-time position which requires an advanced degree or equivalentRequirementsEmploying department must provide evidence that the individual was the best candidate for the position for which they were hired.RestrictionsOnly available to individuals in teaching positions
43 EB-2; Advanced degree holder, Special Handling for University Teachers Necessary DocumentationThe Department must compile and submit the following:Offer Letter;Statement Regarding Candidate’s Qualifications;Evidence of Advertisement;Recruitment Report;Search Committee Report;Applicant Résumés/CVs or applications
44 EB-2 Process Overview iStart Department Employee Global HR National Prevailing Wage CenterPrevailing WageForeign Labor CertificationPERMCitizenship & Immigration ServicesForm I-140I-485, Application to Adjust Status
45 EB-2 Process Details & Timeline DepartmentOffer job to foreign nationalDate of offer begins 18 month clockDetermine department’s ability to sponsor employee’s permanent residencySubmit forms in iStart and supporting documentsGlobal HRReview formsDetermine eligibility for EB-2 petitionRequest permission to file immigrant petition from ProvostRequest Prevailing Wage from DOLEmployeeComplete forms in iStartPost Notice of Filing for 10 business daysSubmit ETA Form 90894 monthsSubmit I-140 & I-485 petitions to USCISI-140Premium processing – 15 daysStandard processing – 4 monthsI-4856 months
46 EB-2: iStart E-forms & Required Documents HR RepDepartmental Contact and College ApprovalPermanent Residency Process AuthorizationI-140 Checklist for EB-2, Advanced Degree Holder2nd ApproversCollege HR RepPart 2 of Departmental Contact and College ApprovalDepartment ChairPart 2 of Permanent Residency Process AuthorizationEmployeePart 2 of I-140 Checklist for EB-2, Advanced Degree HolderPermanent Residency Faculty/Researcher Information
47 References and Links USDOS visas USCIS CBP GHR non-immigrant visa optionsOIE J EV category options
48 Requesting Access to iStart Visit oie.gatech.edu/istartComplete the web form for Hiring Managers after reviewing this tutorialUpon receiving an reply from the OIE, you will be given instructions to visit https://istart.gatech.edu/ to complete your request for access