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EMPLOYMENT OF FOREIGN NATIONALS. Departments and Agencies.

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Presentation on theme: "EMPLOYMENT OF FOREIGN NATIONALS. Departments and Agencies."— Presentation transcript:

1 EMPLOYMENT OF FOREIGN NATIONALS

2 Departments and Agencies

3 Comprised of three main organizations:  United States Citizenship & Immigration Service (USCIS) – Approve all petitions for U.S. visas  Customs & Border Protection (CBP) – Secure the Nation’s borders  Immigration and Customs Enforcement (ICE) – Investigative arm of DHS

4 U.S. Embassies and Consulates:  Located throughout the world  Embassies are located in the capital city of a foreign country  Consulates are smaller versions of an embassy and are generally located in large tourist cities within a foreign country  Both embassies and consulates can issue U.S. visas

5 Office of Foreign Labor Certification (OFLC):  Process labor certification applications for employers seeking to hire foreign nationals  Ensure foreign nationals will be paid at least the prevailing wage rate within area of employment  Ensure foreign workers in the U.S. will not adversely affect job opportunities, wages and working conditions of U.S. workers

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7 The Federal Government may hire foreign nationals who meet the following:  Immigration Law  Annual Appropriations Act; and  Executive Order Restriction on Appointing Non-Citizens in the Competitive Service  Excepted Service Appointments – must meet top two requirements  Competitive Service Appointments – must meet top three requirements

8 U.S. employers may only hire an individual who is:  A citizen (either by birth or naturalization);  Lawfully admitted for permanent residence;  Lawfully admitted for temporary residence;  An alien admitted or paroled into the U.S. as a refugee;  An alien granted asylum;  A fiancé, fiancée, child, or parent of an alien who was admitted under certain conditions;  An alien who is authorized employment with a specific employer incident to status; (e.g., H-1B, J-1, F-1, etc.)  An alien who meets other requirements that are listed in the regulations

9 Current Appropriations Laws prohibits an Agency from using appropriated funds to pay The compensation of any officer or employee of the Government of the United States whose post of duty is in the continental United States unless such person:

10  is a citizen of the United States;  is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B);  is a person who is admitted as a refugee under 8 U.S.C or is granted asylum under 8 U.S.C and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible;  is a person who owes allegiance to the United States (for example, natives of American Samoa and Swains Island);  is a person employed as an international broadcasters by the Broadcasting Board of Governors;

11  is a person temporarily employed as a translators;  is a person temporarily employed in the field of service (not to exceed 60 days) as a result of emergencies;  is a nonresident aliens employed as wild-land firefighters for not more than 120 days by the Department of the Interior or the U.S. Department of Agriculture, U.S. Forest Service, pursuant to an agreement with another country; or  is a person who was an officer or employee of the U.S. Government on December 16, 2009.

12  A name check is basically a security check  Foreign nationals must complete and submit an electronic ARS-230  Foreign national cannot enter on duty until the ARS-230 has been approved

13 EMPLOYMENT DOCUMENTS

14 Foreign nationals will need to have one of the following documents to be employed:  Visa  Permanent Resident Card (Green Card)  Employment Authorization Document (EAD)  Form DS-2019

15 Classification Group:  Temporary Workers - H-1B, H-1C, H-2B  Visitors - B-1, B-2  Crewman - D-1, D-2  Academic Students - F-1, F-2  Exchange Visitors - J-1, J-2  NAFTA - TN, TD, TWOV

16 Visa utilized by the Agency:  E-3Australian Specialty Occupation Worker  F-1Academic Student  H-1BTemporary Workers in Specialty Occupations  J-1Exchange Visitor  TNCanadian and Mexican Professionals under NAFTA

17 SPONSORED E-3 – Australian Specialty Occupation Worker H-1B – Temporary Worker in Specialty Occupations TN – Canadian and Mexican Professional NON-SPONSORED F-1 – Academic Student J-1 – Academic Student J-1 – Exchange Visitor

18  U.S. visa is issued by a U.S. Embassy or Consulate  U.S. visa allows foreign national to travel to a U.S. port-of-entry and request permission to enter  Can’t enter U.S. on expired visa  U.S. visa does not guarantee entry to the U.S.

19  Form I-551, “Permanent Resident Card”, is issued to all permanent residents as evidence of alien registration and their permanent status in the United States

20  Work permit  Issued in one-year increments  Can’t begin work until validity date  Can’t work beyond expiration date  F-1 student obtains EAD to be employed for OPT purposes

21  Employment document used to employ J-1 student for academic training purposes  J-1 student must obtain authorization for academic training from school official  Certificate contains a brief description of the student’s program; start and end date; etc.

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23  When arriving by air, flight attendants will distribute Customs Declaration Forms (CF-6059) and Arrival/Departure Record (I-94) to each passenger which he/she must fill out prior to landing at a U.S. port-of-entry  When arriving by land or sea, CBP Officer at the port-of-entry will provide passengers with CF-6059 and I-94

24 Ports-of-Entry include:  Airports  Sea Ports  Land Border Crossings All persons arriving at a U.S. port-of-entry are subject to customs inspection by a Department of Homeland Security’s, U.S. Customs and Border Protection (CBP) Officer.

25 During Customs Inspection, CBP Officer will:  Review travel documents (e.g., passport, visa, customs declaration, Form I-94, etc.)  Determine if the foreign national is eligible for entry  Determine the foreign nationals period of stay in the U.S.  Annotate foreign national’s Form I-94 with duration of stay

26 CBP Officer will annotate I-94 with:  Date the foreign national arrived in the U.S.  “Admitted Until” date that reflects the foreign national’s authorized period of stay  Visa classification  Foreign nationals that stay longer than the “Admitted Until” date are considered “Out-of-Status”  Failure to maintain status can result in arrest and affect prospects of readmission

27 Excepted Service Appointments

28 Foreign nationals can be employed in the Following temporary, excepted service positions:  Postdoctoral Research Associates  Pathways Students Interns  Pathways Recent Graduates  L/As

29 To be employed as a postdoctoral research associate, foreign national must:  Be eligible for Federal employment  Possess a Ph.D.  Have one of the following:  Foreign nationals in J-1 visa status can be employed for academic training purposes with an endorsed DS-2019 form  Foreign nationals in F-1 visa status can be employed for optional practical training purposes with an Employment Authorization Document (EAD)  Foreign nationals in H-1B, E-3 and TN can be employed for temporary work purposes with a temporary worker visa

30 To be employed as a student intern, the foreign national must:  Be eligible for academic (J-1) or practical training (F-1)  Attending school  Have training approved by the designated school official  Obtain the appropriate employment document (e.g., EAD or SF-2019)

31 To be employed as a recent graduate, the foreign national must:  Be eligible for federal employment  Approved for practical or academic training  Obtains EAD  Serves on appointment limited to 1 year  Obtains U.S. citizenship prior to conversion to TERM or permanent

32 To be employed in an L/A position, the foreign national must:  Be eligible for Federal employment  Have an EAD

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34  H-1B visa classification allows U.S. employers to temporarily employ foreign nationals in the U.S. on a nonimmigrant basis in a specialty occupation  Specialty occupations require the theoretical and practical application of a body of highly specialized knowledge in professional fields and at least the attainment of a bachelors degree or its equivalent  This temporary worker visa can be used to employ foreign nationals in postdoctoral research associate positions  Foreign nationals must be eligible for federal employment

35  H-1B visa may be issued in increments of up to 3 years for a maximum stay of 6 years  The Agency petitions the USCIS for an H-1B visa on behalf of foreign national  Agency obtains Form I-797, “Notice of Action” from USCIS  Agency forwards Form I-797 to the foreign national

36  Foreign national schedules an appointment with a U.S. Embassy or Consulate  Obtains H-1B visa from U.S. Embassy or Consulate  Travels to a U.S. port-of-entry and request permission to enter  Compiles with conditions of status

37  E-3 visa classification allows U.S. employers to temporarily employ Australian nationals in the U.S. on a nonimmigrant basis in a specialty occupation  Specialty occupations require the theoretical and practical application of a body of highly specialized knowledge in professional fields and at least the attainment of a bachelors degree or its equivalent  This temporary worker visa can be used to employ Australian nationals in postdoctoral research associate positions

38  E-3 is similar to the H-1B visa with a few additional benefits (i.e., spouse may work in U.S.)  Agency supplies offer letter  Australian nationals are responsible for obtaining their initial E-3 visa  24-month initial validity period which can be extended indefinitely but not permanently

39  The TN visa classification permits qualified Canadian and Mexican citizens to seek temporary entry into the U.S. to engage in business activities at a professional level  Professional level requires evidence of professional qualifications in the form of degrees, certificates, diplomas, professional licenses, etc. and include positions such as lawyers, engineers, scientists

40  This temporary worker visa can be used to employ Canadian and Mexican professionals in postdoctoral research associate positions  TN status can be issued in increments not to exceed a three year period  No limit on the number of times a person can apply for a TN visa

41  This visa classification is a nonimmigrant, full-time, student visa that allows foreign nationals to pursue an education in the U.S.  Students may be employed for practical training purposes while attending school or after completion of studies in the following excepted service positions:  While Attending School  Pathways Student Interns  After Completion of Ph.D.  Postdoctoral Research Associate  Pathways Recent Graduates  F-1 student obtains EAD

42  This visa classification is for persons seeking entry into the U.S. to participate in an approved exchange visitor program for the purpose of teaching, lecturing, studying, observing, conducting research, consulting, demonstrating special skills or receiving training

43  The J-1 visa is an exchange visitor visa with several categories that include: Student, college/universitySpecialist Short-term scholarInternational Visitor TraineeGovernment Visitor TeacherCamp Counselor ProfessorAu Pair Research Scholar

44  ARS may employ a J-1 student for academic training purposes  Student may participate during his/her studies; or  Commencing not later than 30 days after completion of his/her studies  Student obtains signed DS-2019 from school official


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