1. Immigration Information H-1 and Permanent Residency Regulatory Changes

2. Immigration 101 Nonimmigrant Status- remain temporarily in US and has foreign residence abroad with no intention to abandon Lawful Permanent Resident (LPR) – international who intends to remain in the US permanently US citizenship

3. H-1B Employment Visa Status Specialty occupation/min. requirements Time Limits: 6 years/ individual Must pay the prevailing wage Dual Intent Employer/position specific H-4 dependents – no employment No H-1 if subject to J-1 two year rule

4. President Bush recently signed into law the Omnibus Appropriations Act for FY 2005 This incorporates the”H-1B Visa Reform Act of 2004” which contains changes in the H-1B category.

5. H-1B changes New $500 fee 5% rule eliminated Wage surveys increase from 2-4 DOL investigative authority expands Effective date: March 8, 2005 H-1 cap – 20,000 exempt Training fee returns in private sector (not MSU) H-1B dependency & attestations (not MSU)

6. Fraud Prevention and Detection Fee New $500 fee paid by employer Must be paid with initial H-1petitions Fee is not required for H-1 extensions Fee only applies to employee, not dependents Where will the money go? Split evenly between DOL,DHS, & DOS for antifraud activities, including the hiring of additional personnel.

7. When is the new fee needed? How will we know? Is an MSU check needed? Note: Form I-129 fee of $185.00 is still needed along with new fee.

8. Possible Fees for H-1 filing $685 for new H petitions $185.00 for H extensions $1,000 (optional) premium processing fee $195.00 for H-4 dependents (employer or employee can pay)

9. Is new fee needed? A researcher at MSU in J-1 status needs H-1 status? A professor in H status at Illinois accepts a tenure stream offer at MSU? An F-1 student on practical training at MSU accepts an assistant professor position? An H-1 at MSU needs an H extension? An H-1 at MSU moves departments?

10. Is an MSU check needed? Check payable to: U.S. Citizenship and Immigration Service (USCIS) Employer should cover costs for H-1 Check options: $685.00 ($500 + $185.00 filing fee) OR two checks: $500 and $185 $185.00 (Form I-129 filing fee for extensions)

11. 5% rule eliminated Elimination of the 95% rule for prevailing wage Employer must offer 100% of prevailing wage or actual wage whichever is higher Offered Wage is $32,000. PW comes back at $35,000 MSU must now pay $35,000. Offered wage is $50,000. PW is $38,000 MSU must pay $50,000.

12. Prevailing wage levels Prevailing wages getting more precise can check on line source to obtain a approximate wage level: http://online.onetcenter.org/ http://www.flcdatacenter.com/OesWizardStart.aspx

13. Prevailing Wage Levels Requires DOL to provide at least 4 levels of wages Where the survey has only 2 levels, the employer can use a formula for converting 2-level wage determinations to 4-levels.

14. An OES 2-level survey has a Wage Level 1 of $35,000 and Wage Level-2 of $65,000 Determine the difference: $30,000 Divide the difference by 3: $10,000 Add the quotient ($10,000) to the OES Level 1, to derive a new Level 2 Wage, and subtract the quotient ($10,000) from the OES Level 2, to derive a new Level 3 Wage.

15. The OES 2 level survey converts to 4 levels Wage Level 1 = $35,000 (OES Level 1 wage) Wage Level 2 = $45,000 (35,000 +10,000) Wage Level 3 = $55,000 (65,000 – 10,000) Wage Level 4 = $65,000 (original OES Level 2 wage)

16. Great, 4 levels! What level do I use for my position? Is a Research Associate with 1 year of experience: Level 1, Level 2, Level 3 or Level 4? This is still to be determined. DOL should develop guidelines. Specific Vocational Preparation (SVP)

17. H-1Cap – 20,000 exemption Individuals who earned US masters or higher degree in United States will be exempt from H-1 cap

18. DOL investigative authority This law permanently reinstate DOL’S authority to investigate LC fraud and abuse, and will expand that authority to allow DOL to initiate investigations, in addition to specific complaint driven investigations.

19. Overview of Immigrant Visa Categories Employment based: Extraordinary ability Outstanding researcher/professor Labor certification Family based: marriage, refugee, asylum, Diversity Lottery Program

20. Permanent Residency (PR) Most common options used at MSU: Employment based: Outstanding researcher – no labor certification needed Special handling – teachers only Standard Labor Certification Marriage based PR

21. Permanent Residency (PR) Employer wants an individual to stay in the US permanently can submit a petition on their behalf; if permanent full-time offer exist Labor Certification is required prior to petitioning USCIS for permanent residency(“green card”) for certain employment based immigrant visas.

22. PR –Labor certification Department of Labor (DOL) certifies: 1.unable to find an available, willing, and similarly qualified US workers 2. and the employment of the foreign worker will have no adverse effect on US workers

23. PERM: What is it? Program Electronic Review and Management (PERM) regulation Effective date: March 28, 2005 One standardized system Electronic application New advertising, recruitment, & posting requirements New recordkeeping requirements

24. PERM: What is it? Must submit prevailing wage Conduct recruitment for 30-180 days 45-60 day processing, unless selected for an audit (compare to 3-5yrs) New Form ETA 9089, replaces ETA 750 No filing fee – may have fee in future

25. Special Handling Labor Certification Teaching must be part of duties National recruitment with search committee Must be at least one print ad in national journal Recruitment report -- more comprehensive Maintain resumes & materials for audit purposes (5 years)

26. How does PERM change MSU? Potential more inquires, because of significant decrease in processing time Special handling case will require more documentation In-house media posting requirements Definition of “permanent” Lay-offs?

27. Cautions Send any PR inquiries to OISS Dr. Banks is only person who can sign Labor Certifications/Immigration forms ETA 9089 is filed electronically: no signature needed to file with DOL – potential abuse (signature needed before sending to CIS)

28. Guide for Hiring http://www.isp.msu.edu/oiss/for_msu_depts/guide.php

29. Questions?