department request for h-1b petition€¦ · h1b dr sum 11/22/19. the college will comply with the...

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Mailing address: 1120 15th Street, AA-2013 Augusta, Georgia, 30912 t. (706) 721-0670 f. (706) 721-9304 Email: [email protected] www.augusta.edu/diversity/ipso H1B DR SUM 11/22/19 H-1B Processing Request (SUMMERVILLE CAMPUS) This form should be completed by the Summerville college that wishes to use the services of the International and Postdoctoral Services Office (IPSO) to hire a nonimmigrant specialty worker. After completing this form, please email to [email protected]. IPSO will begin processing only when forms are 100% complete The H-1B Temporary Worker Visa The H-1B visa category is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation which is defined as an occupation which requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree for the specific specialization (or its equivalent in experience). • The initial H-1B visa may cover a period of up to three years. It may be extended thereafter for three more years. The maximum amount of time allowed an H-1B worker is a total of six years. This six-year limit includes prior time spent at other U.S. institutions in H-1B status. • Once an employee is in H-1B visa status at Augusta University, IPSO must be informed in writing of any substantial changes in his/her employment, such as a new location, different duties, or change in salary. Augusta University may be required to file a new Labor Condition Application and an amended H-1B petition. • The H-1B visa is an employer-specific visa. Since it is possible to be employed in a part-time position as an H-1B visa holder, a scholar holding appointments at two or more institutions would need an approved H-1B petition from each employer. • The dependents of an H-1B visa holder are classified as H-4's and are not eligible for employment under any circumstances. H-1B wage requirements The Department of Labor (DOL) is involved with the H-1B visa application, and employers bear a certain liability when filing H-1B petitions. Employers must make attestations about the wages for H-1B positions, and they must guarantee the return fare home if an H- 1B's employment is terminated before the end of the period of authorized stay. Willful violation of the regulations can result in Augusta University being fined and prevented from filing H-1B and permanent residence petitions for one year. A Labor Condition Application must be filed and approved by the Department of Labor and posted within the Augusta University department before an H-1B petition can be filed with USCIS. The Labor Condition Application requires that departments certify that the salary being paid by the department to the H-1B applicant is the higher of the prevailing and actual wage. The prevailing wage is the average of the rate of wages paid to workers similarly employed in the area of intended employment. Similarly employed workers are defined as having substantially comparable jobs in the occupational classification in the area of intended employment. Augusta University uses prevailing wage determinations provided by the Department of Labor since it is the one authoritative source not subject to challenge. Augusta University will not file H-1B petitions for positions that do not meet the prevailing wage as determined by the DOL. • The actual wage level is that paid by the employer to all others in the hiring unit with similar qualifications (highest degree attained) and experience (less than 3 years experience in the position at Augusta University) as the H-1B worker for the specific employment in question at the place of employment. Please attach a copy of the prospective employee’s C.V. Senior college administrator initial _____

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Page 1: Department Request for H-1b Petition€¦ · H1B DR SUM 11/22/19. The College will comply with the following regulations during the H-1B application process and during the employment

Mailing address:

1120 15th Street, AA-2013

Augusta, Georgia, 30912

t. (706) 721-0670 f. (706) 721-9304

Email: [email protected]

www.augusta.edu/diversity/ipso

H1B DR SUM 11/22/19

H-1B Processing Request(SUMMERVILLE CAMPUS)

This form should be completed by the Summerville college that wishes to use the services of the International and Postdoctoral Services Office (IPSO) to hire a nonimmigrant specialty worker. After completing this form, please email to [email protected].

IPSO will begin processing only when forms are 100% complete

The H-1B Temporary Worker Visa The H-1B visa category is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation which is defined as an occupation which requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree for the specific specialization (or its equivalent in experience).

• The initial H-1B visa may cover a period of up to three years. It may be extended thereafter for three more years. The maximumamount of time allowed an H-1B worker is a total of six years. This six-year limit includes prior time spent at other U.S. institutionsin H-1B status.• Once an employee is in H-1B visa status at Augusta University, IPSO must be informed in writing of any substantial changes inhis/her employment, such as a new location, different duties, or change in salary. Augusta University may be required to file a newLabor Condition Application and an amended H-1B petition.• The H-1B visa is an employer-specific visa. Since it is possible to be employed in a part-time position as an H-1B visa holder, ascholar holding appointments at two or more institutions would need an approved H-1B petition from each employer.• The dependents of an H-1B visa holder are classified as H-4's and are not eligible for employment under any circumstances.

H-1B wage requirements

The Department of Labor (DOL) is involved with the H-1B visa application, and employers bear a certain liability when filing H-1B petitions. Employers must make attestations about the wages for H-1B positions, and they must guarantee the return fare home if an H-1B's employment is terminated before the end of the period of authorized stay. Willful violation of the regulations can result in Augusta University being fined and prevented from filing H-1B and permanent residence petitions for one year.

A Labor Condition Application must be filed and approved by the Department of Labor and posted within the Augusta University department before an H-1B petition can be filed with USCIS. The Labor Condition Application requires that departments certify that the salary being paid by the department to the H-1B applicant is the higher of the prevailing and actual wage.

• The prevailing wage is the average of the rate of wages paid to workers similarly employed in the area of intended employment.Similarly employed workers are defined as having substantially comparable jobs in the occupational classification in the area ofintended employment. Augusta University uses prevailing wage determinations provided by the Department of Labor since it is the oneauthoritative source not subject to challenge. Augusta University will not file H-1B petitions for positions that do not meet the prevailingwage as determined by the DOL.• The actual wage level is that paid by the employer to all others in the hiring unit with similar qualifications (highest degree attained)and experience (less than 3 years experience in the position at Augusta University) as the H-1B worker for the specific employment inquestion at the place of employment.

Please attach a copy of the prospective employee’s C.V.

Senior college administrator initial _____

Page 2: Department Request for H-1b Petition€¦ · H1B DR SUM 11/22/19. The College will comply with the following regulations during the H-1B application process and during the employment

Mailing address:

1120 15th Street, AA-2013

Augusta, Georgia, 30912

t. (706) 721-0670 f. (706) 721-9304

Email: [email protected]

www.augusta.edu/diversity/ipso

H1B DR SUM 11/22/19

Name of applicant ______________________________________________________________________________Family First Middle

Requested start date for H-1B Status: ______________ Requested end date: _______________ (Minimum of four months from today’s date) (Maximum total of 3 years)

I. Employment Information

Hiring Unit Name: _____________________________________________ Job Title: ___________________________________

Detailed description of duties: ___________________________________________________________________________________

___________________________________________________________________________________________________________

General (layman’s) description of duties (6 words or less): ____________________________________________________________

Minimum requirements for the position (should match HR requirements): _________________________________________________ Note: Positions which are funded by grants given specifically to the individual (beneficiary of the H-1B) as opposed to

Augusta University are not eligible for H-1B sponsorship by Augusta University.

Has this position already been classified? Yes No Position Number: _________________________

Supervisor Name: ______________________________ Email: _______________________ Phone: ___________________

College Administrative Contact Name: ____________________________________________ Phone: ___________________

Hours per week: _______ Annual Salary: ______________ Eligible for Augusta University Benefits? yes no

Location where applicant will work (include room number): ____________________________________________________________

Other work location (including work at VA): _______________________________________________________________________

# of employees position will supervise: ______ Does position require state license or other certification (medical, dental, etc.)?: yes no

II. Applicant Biographical Information

Phone: ___________________ Email: _________________________________ Fax: __________________

Male Female Home Country______________________ Currently in U.S? yes no

Current Employer: ___________________________________Current Visa Type: _______ Current Status Expires: __________

This application is for: initial Augusta University H-1B petition or extend previous Augusta University petition

Highest Degree Received: __________________________________ Primary Field of Study: _________________________

Degree Granting Institution: ______________________________________________________________________________

______________________________________________________________________________________________________

Signature of Dean/College financial administrator Name Date

Page 3: Department Request for H-1b Petition€¦ · H1B DR SUM 11/22/19. The College will comply with the following regulations during the H-1B application process and during the employment

Mailing address:

1120 15th Street, AA-2013

Augusta, Georgia, 30912

t. (706) 721-0670 f. (706) 721-9304

Email: [email protected]

www.augusta.edu/diversity/ipso

H1B DR SUM 11/22/19

The College will comply with the following regulations during the H-1B application process and during the employment of the above-named foreign national under the terms of H-1B status. Please check each box after reading and initial at the bottom.

PLEASE ACKNOWLEDGE YOUR UNDERSTANDING OF THE FOLLOWING EMPLOYER OBLIGATIONS OF THE H-1B PROGRAM

Applicant’s return airfare to home country will be paid if he/she is dismissed prior to the end date of H-1B sponsorship.

Applicants will be paid the salary stated (or higher) in this application during the entire H-1B sponsorship period.

By posting a notice of this filing in a conspicuous place for (10) days, notice of the application will be provided to

workers employed in occupations similar to the proposed H-1B nonimmigrant worker.

International travel by the applicant during the application period may result in abandonment of the H-1B petition

The College must maintain hourly and weekly time sheets for any H-1Bs sponsored on a part-time basis, even if

Augusta University does not normally require such action.

The College is responsible for notifying IPSO immediately of any substantial changes in the H1B status holder’s

employment (terms of employment, place of employment, transfer to another university college/department, significant

changes in duties, salary changes, termination, resignation, etc.). Federal regulations require that USCIS be notified

prior to any changes in employment taking place.

The College is responsible for the payment of all fees associated with the H-1B petition.

IPSO SERVICE FEE: To reduce bureaucratic burden for departments and minimize process error rates, IPSO

retains managerial control of the entire immigration process, including courier services to USCIS and

international applicants abroad. IPSO charges a fee for these services to the college of the sponsoring

department. This fee ranges from $50 to $100 per approved case, depending on the college’s case volume.

Senior College Administrator Initial _____

Page 4: Department Request for H-1b Petition€¦ · H1B DR SUM 11/22/19. The College will comply with the following regulations during the H-1B application process and during the employment

Mailing address:

1120 15th Street, AA-2013

Augusta, Georgia, 30912

t. (706) 721-0670 f. (706) 721-9304

Email: [email protected]

www.augusta.edu/diversity/ipso

H1B DR SUM 11/22/19

Actual Wage Calculation Form

Name of H-1B applicant: ____________________________________________________________________Family First Middle

Job Title: _________________________________ Salary: ________________

Brief Description of job duties: _________________________________________________________________________

__________________________________________________________________________________________________

__________________________________________________________________________________________________

List all employees in the College who hold the same title and perform essentially the same tasks as the H-1B applicant.

Currently, no employees within this College have the same job title or have job responsibilities that are comparable with the prospective H-1B Employee.

I certify that the above information is true and correct.

Dean / College Financial Administrator Name Date

NAME SALARY START DATE IN

POSITION HIGHEST DEGREE ATTAINED

Page 5: Department Request for H-1b Petition€¦ · H1B DR SUM 11/22/19. The College will comply with the following regulations during the H-1B application process and during the employment

Mailing address:

1120 15th Street, AA-2013

Augusta, Georgia, 30912

t. (706) 721-0670 f. (706) 721-9304

Email: [email protected]

www.augusta.edu/diversity/ipso

H1B DR SUM 9/22/19

MEMORANDUM

Memorandum to the Labor Condition Application File

RE: _________________________________ in the College of__________________________ (Job Title)

In this College there are _______ (#) other employees with the title and job duties of the position listed above. The average wage for these employees is: $ ___________

An individual salary is determined by taking into account the factors listed below (check all that apply):

Education, degree(s) earned Experience Job responsibilities Specialized knowledge relevant to the field Other legitimate business-related factors (please list):

I hereby certify that the wage information listed above reflects the wages paid to all other individuals with similar qualifications and responsibilities working in this College. I am able to explain any wage difference based on the criteria listed above.

Dean / College Financial Administrator Signature Name Date

Page 6: Department Request for H-1b Petition€¦ · H1B DR SUM 11/22/19. The College will comply with the following regulations during the H-1B application process and during the employment

Mailing address:

1120 15th Street, AA-2013

Augusta, Georgia, 30912

t. (706) 721-0670 f. (706) 721-9304

Email: [email protected]

www.augusta.edu/diversity/ipso

H1B DR SUM 11/22/19

DEEMED EXPORT CONTROLS STATEMENT (To be completed by Principal Investigator)

Research duties (2 to 3 sentence description of research): _________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

Will the H-1B holder be involved in any research projects? Yes No If no, please disregard the remainder of this section. If yes, and the research will be sponsored, in whole or in part by either the institution or an external sponsor, including the federal government, please describe in detail the research that will be performed. ________________________________________________________________________________________

________________________________________________________________________________________

_______________________________________________________________________________________

Will the research results be taught, published or otherwise shared with the interested public? Yes No

Please note that USCIS now requires employers filing Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to the foreign national. If an export license is required to be obtained before such release, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker. As the Supervisor/PI, we need your expertise to determine whether these issues apply to the work which the H-1B applicant will perform. If you have questions about these regulations or you answer “yes” to any of the following questions, please contact the Augusta University Legal Office at 1-4018 for further discussion/clarification.

Will the H-1B applicant be provided access to any third party-owned technical data or technology that is considered proprietary or confidential to the third party-owner? (This includes U.S. government furnished technical data with dissemination controls or other restrictive markings, as well as ITAR-controlled software).

Yes No

Will the H-1B applicant be provided access to equipment specifically designed or developed for military or space applications? Yes No

FILING FEES (Checks made payable to the Department of Homeland Security) H-1B Filing Fee (paid by Department) $460.00 H-1B Fraud & Detection Fee (paid by Department) $500.00 Premium Processing Fee (optional fee, but must be paid by Department) $1,440.00(reduces USCIS processing time to three weeks)

Dean Signature Name Date

Principal Investigator/Immediate Supervisor Signature Name Date