Presentation on theme: "Other Professional Services (OPS)-Payments to Domestic and International Employees Presented by Nina Bates, Business Administrator, Office of the Provost."— Presentation transcript:
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
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 coursesCredit courses Guest speaker for workshop Manuscript review for UA Press Short period interim position CESL Executive Education Outreach/Distance Courses Evening MBA Executive MBA 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) Other Professional Services Compensation (OPS)
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 http://www.hr.arizona.edu/compensation_d efinitions_faculty_appointed-professionals Systems Control website http://syscon.arizona.edu/other- compensation http://syscon.arizona.edu/other- compensation E-forms http://uabis.arizona.edu/eforms/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.
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/other- professional-services-ops-payment-international- scholars-faculty-employees Other Professional Services Compensation (OPS)
J-1 Research Scholars and Professors Authorized to participate in a pre- approved, 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. Other Professional Services Compensation (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 I- 129 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 email@example.com for all F-1, OPT, and J-1 Student issues concerning employment using an EAD. firstname.lastname@example.org
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 Contact Information