Sponsoring H-1B Workers at WSU November 3, 2010 Dena Neese, Office of International Students and Scholars Bryan Hall, Room 108

Recording date of this workshop is November 3, Some of the rules and procedures discussed in this workshop are subject to change. Please check university resources before relying exclusively on this recorded presentation.

H-1B Nonimmigrant Category - Legal Requirements Employer sponsored, temporary work visa for total of six years Allows for immigrant intent Position requirements - Theoretical and practical application of a body of specialized knowledge; and Bachelor’s or higher degree, or its equivalent H-1B worker requirements- Possession of the required degree for the position, or its equivalent

WSU H-1B Sponsorship Policy Faculty in full-time teaching and/or research positions (temporary or permanent) Administrative Professionals in full-time positions that meet legal requirements (hiring authority must approve) Duration of request at least one year, although less may be acceptable Part-time positions may be acceptable

H-1B Petition Types - Review Must file petition with USCIS, employer specific New petition if applicant outside US – must have approval notice to enter US Change of status (ex: F-1, F-2, J-1, J-2 or H4 to H-1B) – must have approval notice to work for WSU, no travel abroad while petition pending Change of H-1B employer/concurrent H-1B employment – must have receipt notice to work for WSU (240 day rule applies) H-1B extension – must have receipt notice to work for WSU (240 day rule applies)

H-1B Documents- USCIS I-797A Approval Notice

H-1B Documents- USCIS I-797B Approval Notice

H-1B Documents- I-94 card from POE

H-1B Documents- Visa Stamp affixed in passport

H-1B Appointment Considerations - Review May file H-1B for up to three-years, even if WSU contract for less time Must pay H-1B worker’s reasonable transportation costs home if WSU terms worker for any reason before H-1B end date Must notify OISS of early separations or material changes in appointments to ensure compliance with federal immigration regulations

H-1B Employer Responsibilities - Review Must offer H-1B worker prevailing wage or actual wage, whichever is higher Must post notice of filing in two locations at worksite for ten consecutive business days Must retain Public Access Folder for one year beyond LCA end date (OISS retains this, but we NEED Attachments 1, 2 and completed Posted Notice from hiring unit)

H-1B 7th+ Year Extensions - Review H-1B workers who have completed certain steps in the employment-based permanent residence (PR) process may qualify for either one-year or three-year H-1B extensions beyond six-year cap-out date Rule applies even if WSU not PR sponsor Hiring unit/H-1B worker must notify OISS if H-1B worker has pending employment-based PR case outside of WSU

H-1B Travel Considerations - Review Must have unexpired H-1B I-797 petition and unexpired H-1B visa stamp to enter US the first time and after returning trips Must obtain visa stamp at US consulate abroad (usually in home country) Okay for visa stamp to expire while in US If H-1B worker needs new visa stamp, must make appointment with consulate, complete consulate forms, fees & get packet from OISS Administrative/security checks may occur for each visa stamping application

H-1B Travel Considerations - Review No H-1B visa stamp required if: Canadian citizen Traveling only to Canada/Mexico and qualifies for automatic visa revalidation Has taken certain steps in the permanent residence process and possesses unexpired Advance Parole Must always have unexpired H-1B I-797 approval notice to enter the US May need visa to enter third country

H-1B Updates - Agency News New national DOL Prevailing Wage system (January 2010) - DOL takes ~30 working days to issue prevailing wage determination New DOL Labor Condition Application process (July 2009) – DOL takes ~7 working days to certify LCA New USCIS Fee Structure – as of 11/23/10 H-1B fee is $320; will be $325 Premium Processing fee is $1,000; will be $1,225 H-4 change of status/extension fee is $300; will be $290 $500 H-1B fraud fee remains the same

H-1B Updates – Agency News Increased H-1B case processing times at USCIS California Service Center ~4.5 months – regular queue ~15 days – premium processing queue Consequences of increased processing times Premium processing for most new employees Current employees may need to convert to premium processing (change of status/int’l travel) Remember – worker already in H-1B status can continue to work, based on receipt notice, even if current H-1B has expired (240 day rule applies)

H-1B Updates – Agency News Increased USCIS requests for evidence (“RFE”) Pay check stubs and W-2 forms Attestation re: new law/increased fees for certain H-1B employers Formal educational credentials evaluations Proposed USCIS rule to add deemed export attestation to H-1B form (June 2010) – no final rule yet

H-1B Case Processing PI wants to sponsor someone with H-1B work visa. What do you do? Complete intake form in Tracker - if you do not have Tracker Account or forgot information, Dena OISS sends Tracker questionnaire to H-1B applicant + list of required documents he/she must provide to you OISS sends you w/prevailing wage questions and attachments Respond to prevailing wage questions immediately Follow instructions/attached templates to prepare H-1B packet and order checks OISS submits prevailing wage request to DOL (~30 days)

H-1B Case Processing, Cont’d Once OISS receives PWD, we scan you 10-day posted notice documents to post in two locations at worksite Provide OISS with complete H-1B packet (H-1B support letter; attachments one and two; new appointment document or offer letter; educational and immigration documents; credentials letter, if applicable; dependent immigration documents, if applicable; request for shipment; checks – checks can come later!) OISS prepares case, submits LCA to DOL, receives certified LCA from DOL (12 days) OISS files H-1B petition with USCIS California Service Center

H-1B Case Processing, Cont’d When 10-day postings complete, immediately send original, signed notice to OISS Once OISS files case, provides you with LCA copy to immediately give to H-1B worker OISS provides you with receipt/approval notices/I-94 cards OISS will Fed Ex H-1B approval documents to H-1B applicant abroad, if "consular case" H-1B worker scheduled for orientation – third Friday of each month, 10:00 – 11:30 am

H-1B Preparation - Tracker Tracker – on-line case preparation/case management system Employer can complete intake form, view open cases and run reports on several data points H-1B applicant can complete questionnaire, view H-1B expiration date and status of case preparation OISS can complete H-1B forms (pre-filled), enter important data points, run reports, track expiration dates and open cases

Navigating Tracker – Home Page

Navigating Tracker – Employer Intake Form

Navigating Tracker – Intake Form Cont’d New process/new foreign national:

Navigating Tracker – Intake Form Cont’d New process/existing foreign national:

Navigating Tracker – H-1B Applicant Questionnaire

Navigating Tracker – Open Case Status

Navigating Tracker - Reports

Tracker – Future Improvements? Canned product – we have limited capabilities to alter Employer Intake Questionnaire – next release to include new DOL prevailing wage questions H-1B Applicant Questionnaire – next release to be more H-1B specific Automatic s – case filed, receipt notice received, approved Scanning receipt/approval notices into Tracker

H-1B Summary Initiate cases early... long DOL waiting periods and long USCIS processing periods Initiate case by completing Tracker Intake Form (new process/existing FN; new FN/new process) Promptly respond to prevailing wage questions in Dena’s to start prevailing wage request process Promptly send OISS completed 10- day posted notice New USCIS filing fees effective 11/23/10

Future Presentations November 9, 2010 (Tuesday) – OPT and Beyond  For Students  EME B-46, 2:30 – 4:00 November 17, 2010 (Wednesday) - Beyond the H-1B: Sponsoring Employees with Permanent Residence  EME B-46, 9:00 – 11:00 December 3, 2010 (Friday) – Permanent Residence Options  For H-1B employees  Murrow 53 (Time TBD)

Questions?

WSU employees attending this session via videoconferencing and who wish to have it documented on their training history must notify Human Resource Services within three days of the session date: