0. Immigration Practice Office of Vice President & General Counsel
Angela Adams
Associate General Counsel

1. What does Immigration Counsel do?
Provide easily accessible advice and collaboration on various general and specific immigration issues and University policies
Help to standardize policies and procedures for immigration cases
Offer training and education within University administration
Partner with OIS and OIA to work with international students, scholars, and employees on specific cases
Do not advise or assist with personal immigration matters
Attorney fees and outside counsel
INDIANA UNIVERSITY

2. Immigration in Higher Education
Nonimmigrant Visas
H-1B nonimmigrant visas (6-year limit)
Extensions possible if meet 365-day Rule or approved I-140
J-1 international exchange visitor visas and waivers
F-1 student visas
O-1 Extraordinary Ability visa
Immigrant Visas
EB-2 or EB-3 PERM Labor Certification
Standard PERM
Special Handling PERM for teaching positions
EB-1 Outstanding Professor or Researcher
INDIANA UNIVERSITY

3. Special Handling vs. Standard PERM
Three-step Immigration Process
Labor Certification (PERM or Special Handling)
I-140 Petition for Immigrant Worker
I-485 Application for Adjustment of Status to Permanent Residence
Special Handling Procedures – Teaching Positions
Job descriptions and qualifications
Define the position broadly
Include only the minimum qualifications acceptable for the position
Preferences are considered requirements at the Department of Labor
The foreign worker must satisfy the requirements at the time of selection
Advertisements and recruitment practices
Published in a national professional journal (print or web for 30 days)
Must include:
Job title
Job location
Duties
Requirements – minimum qualifications
One-click Rule / Pointer Ads not recommended
Prevailing wage determinations (PWD)
Add Standard PERM recruitment slide #7 + 3 step process
Add the visa bulletin to a slide #6
INDIANA UNIVERSITY

4. Special Handling vs. Standard PERM
Standard PERM Procedures
Prevailing Wage Determination (PWD)
Document a good faith effort to test the U.S. labor market and ensure that no U.S. workers are available to fill the foreign worker’s position
Re-advertise and recruit for the position
2 Sunday print ads
Job order with SWA for 30 days
Notice posting in job location
In-house media
3 additional forms of recruitment
Benefits of Special Handling over Standard PERM
Streamlined and relatively fast process
Most qualified candidate vs. Minimally qualified U.S. worker
Real-world recruitment satisfies the application requirements in most cases
INDIANA UNIVERSITY

5. Next Steps after DOL Certification
I-140 Immigrant Petition for Alien Worker
Applicant meets qualifications
Employer has ability to pay
I-485 Application for Adjustment of Status to Permanent Residence
When priority date is current
INDIANA UNIVERSITY

6. Examples of Immigration-Related Issues
H-1B Prevailing Wage Determination (PWD) issues
Special Handling advertising and procedures
DACA Student Academic Appointment and residency issues
Kelley School of Business Executive Partners Program
Response to Department of Homeland Security inquiries
Students working without proper authorization
META: Mapping Education Towards Achievement
Title IX Student Welfare: immigration options for victims
INDIANA UNIVERSITY

7. International Students in the United States
819,644 international students enrolled at U.S. institutions in *
International students make up 3.9% of total U.S. enrollment
250,920 new international students enrolled at U.S. institutions in
45% increase from
INDIANA UNIVERSITY
*Institute of International Education. (2012). "International Student Enrollment Trends, 1949/ /13." Open Doors Report on International Educational Exchange. Retrieved from

8. International Students in the State of Indiana
The State of Indiana Ranks 10th for Hosting International Students
State
% Change 1. CA
102,789
111,379
8.4% 2. NY
82,436
88,250
7.1% 3. TX
61,511
62,923
2.3% 4. MA
41,258
46,486
12.7% 5. IL
35,920
39,132
8.9% 6. PA
33,398
37,280
11.6% 7. FL
32,567
32,746
0.5% 8. OH
26,427
28,401
7.5% 9. MI
25,551
26,930
5.4%
10. IN
22,194
24,408
10.0%
INDIANA UNIVERSITY
*Institute of International Education. (2013). "Top 25 Institutions Hosting International Students, 2012/13." Open Doors Report on International Educational Exchange. Retrieved from

9. International Students at Indiana University
8,293 international students were enrolled at all campuses in 2013*
Trending upward
Increased 30.8% from 2009 – 2013
INDIANA UNIVERSITY
*Indiana University Office of International Services. (2013). iStart. Retrieved from
**All university-specific data retrieved from iStart online statistics through the Indiana University Office of International Services.

10. International Student Enrollment, by Campus
INDIANA UNIVERSITY

11. International Students, by Country of Origin
INDIANA UNIVERSITY

12. International Students, by Field of Study
INDIANA UNIVERSITY

13. International Students, by Visa Classification
INDIANA UNIVERSITY

14. International Scholars in the United States
122,059 international scholars in the United States in *
The number of international scholars in the U.S. is increasing
15% increase from – 2012
INDIANA UNIVERSITY
*Institute of International Education. (2013). "International Scholar Totals by Place of Origin, 2011/ /13." Open Doors Report on International Educational Exchange. Retrieved from

15. International Scholars at Indiana University
1,223 international scholars combined from all campuses in
Slight decrease from the peak of 1,398 in
National trend shows slight increase in international scholars
INDIANA UNIVERSITY

16. International Scholars, by Campus
INDIANA UNIVERSITY

17. International Scholars, by Country of Origin
INDIANA UNIVERSITY

18. International Scholars, by Specialization
INDIANA UNIVERSITY

19. International Scholars, by Primary Purpose
INDIANA UNIVERSITY

20. International Scholars, by Nonimmigrant Visa
INDIANA UNIVERSITY

21. Number of IU Petitions Filed, 2011-2013
Category
2011
2012
2013
H-1B Nonimmigrant Visa Petitions
195
206
188
PERM Applications 43 41 24
Outstanding Professor/Researcher Petitions 10 16 19
INDIANA UNIVERSITY

22. Associate General Counsel
Questions
Angela Adams
Associate General Counsel
INDIANA UNIVERSITY