Employment of International Employment of International Scholars and Staff at USC:Scholars and Staff at USC:Teaching Faculty and Other Teaching Faculty and Other

IssuesIssues

Presented by Robert C. Lum, Presented by Robert C. Lum, Director, Faculty/Staff Visa Director, Faculty/Staff Visa

ServicesServices

Office of International ServicesOffice of International Services

IntroductionIntroduction

USC employs over 1000 international USC employs over 1000 international faculty and staff;faculty and staff;

In order for a foreign national to work in In order for a foreign national to work in the United States, either temporarily or on the United States, either temporarily or on a permanent basis, they must be a permanent basis, they must be authorized by the United States authorized by the United States government;government;

USC requires proper documentation USC requires proper documentation demonstrating work authorization by a demonstrating work authorization by a foreign national in order to employ them.foreign national in order to employ them.

U.S. Government AgenciesU.S. Government Agencies Citizenship and Immigration Service (CIS)Citizenship and Immigration Service (CIS)

– controls initial approval of visa requests;controls initial approval of visa requests; Department of State (DOS)Department of State (DOS)

– Has jurisdiction over the U.S. Embassies and Has jurisdiction over the U.S. Embassies and Consulates; responsible for issuing entry Consulates; responsible for issuing entry visas;visas;

Department of Labor (DOL)Department of Labor (DOL)– Monitors labor-related immigration laws Monitors labor-related immigration laws

including compliance with prevailing wage including compliance with prevailing wage requirements, recruitment of U.S. workers, requirements, recruitment of U.S. workers, and ensures proper documentation of foreign and ensures proper documentation of foreign workers by employers.workers by employers.

Working at USC - Options for Working at USC - Options for International Faculty and StaffInternational Faculty and Staff

Nonimmigrant Work VisasNonimmigrant Work Visas– Can begin working for USC in a few Can begin working for USC in a few

months;months;– Temporary in nature;Temporary in nature;

Permanent ResidencyPermanent Residency– Normally takes years to complete process;Normally takes years to complete process;– Typically USC will only sponsor tenure-Typically USC will only sponsor tenure-

track faculty and long-term track faculty and long-term faculty/research staff.faculty/research staff.

Permanent Residency - Permanent Residency - IntroductionIntroduction

USC may sponsor employees for USC may sponsor employees for permanent residence (i.e. greencard);permanent residence (i.e. greencard);

Must be offer of permanent employment;Must be offer of permanent employment; Permanent employment in the Permanent employment in the

immigration context does not mean immigration context does not mean tenured or tenure-track, but instead an tenured or tenure-track, but instead an offer of employment on a regular basis;offer of employment on a regular basis;

USC may withdraw sponsorship at any USC may withdraw sponsorship at any time.time.

Permanent Residency – Permanent Residency – Government ProceduresGovernment Procedures

11stst step: Labor Certification Application (DOL) step: Labor Certification Application (DOL)– Determination made whether there are qualified U.S. or Determination made whether there are qualified U.S. or

permanent resident workers for the position;permanent resident workers for the position; 22ndnd step: Petition for Immigrant Visa (CIS); step: Petition for Immigrant Visa (CIS);

– Obtain permission from CIS to become permanent Obtain permission from CIS to become permanent resident;resident;

33rdrd Step: Adjustment of Status Application (if in Step: Adjustment of Status Application (if in the United States)the United States)– Adjust status from nonimmigrant to permanent resident Adjust status from nonimmigrant to permanent resident

if in the United States;if in the United States; or Consular Processingor Consular Processing

– Obtain immigrant visa from U.S. Embassy/Consulate and Obtain immigrant visa from U.S. Embassy/Consulate and enter U.S. as permanent resident.enter U.S. as permanent resident.

Labor Certification - PERMLabor Certification - PERM

On March 28, 2005, new regulations On March 28, 2005, new regulations became effective overhauling the became effective overhauling the permanent residency process through permanent residency process through labor certification;labor certification;

Labor certification applications Labor certification applications supposed to be completed within 45-supposed to be completed within 45-60 days;60 days;

Preparation is similar to the old Preparation is similar to the old system; however processing is system; however processing is supposed to be faster.supposed to be faster.

Labor Certification - Special Labor Certification - Special HandlingHandling

Reserved for faculty who are offered a teaching Reserved for faculty who are offered a teaching position at USC;position at USC;– Teaching must be classroom or clinical; laboratory not Teaching must be classroom or clinical; laboratory not

eligibleeligible Must have been hired pursuant to a competitive Must have been hired pursuant to a competitive

selection process:selection process:– National Print Ad (National Print Ad (Internet ad insufficientInternet ad insufficient))– Search Committee Report;Search Committee Report;

Application must be filed within 18 months Application must be filed within 18 months of the date of the offer letter;of the date of the offer letter;– Otherwise will need to conduct new recruitmentOtherwise will need to conduct new recruitment

Application is expedited and usually is the easiest Application is expedited and usually is the easiest to process.to process.

Miscellaneous Issues – Special Miscellaneous Issues – Special HandlingHandling

Department only advertises for the position Department only advertises for the position on the webon the web

Department selects the candidate without a Department selects the candidate without a formal searchformal search

The candidate fails to meet the The candidate fails to meet the requirements as stated in the adrequirements as stated in the ad

Departments waits until the scholar obtains Departments waits until the scholar obtains his H-1B before considering permanent his H-1B before considering permanent residency;residency;

18 months have already passed18 months have already passed

Miscellaneous Issues – Special Miscellaneous Issues – Special HandlingHandling

Missed 18 month deadlineMissed 18 month deadline– Re-recruit under special handling Re-recruit under special handling

provisions (national ad, search provisions (national ad, search committee, etc)committee, etc)

– Re-recruit under standard PERM Re-recruit under standard PERM provisions (ads in the Sunday daily provisions (ads in the Sunday daily newspaper, receive resumes, etc.)newspaper, receive resumes, etc.)

– Apply based on outstanding Apply based on outstanding professor/researcher categoryprofessor/researcher category Only available to certain facultyOnly available to certain faculty

Permanent Residency – OIS Permanent Residency – OIS ProceduresProcedures

Applicant meets with OIS to discuss case;Applicant meets with OIS to discuss case; In case of staff, OIS will confirm with Principal Investigator In case of staff, OIS will confirm with Principal Investigator

(PI) offer of permanent employment and explain process, (PI) offer of permanent employment and explain process, including requirement of offer of permanent employment;including requirement of offer of permanent employment;

Send out referral letter for signature by PI/Supervisor, Chair Send out referral letter for signature by PI/Supervisor, Chair and Dean for approval;and Dean for approval;

Send out application package including questionnaire and Send out application package including questionnaire and checklist of documents or refer to outside counsel for checklist of documents or refer to outside counsel for processing;processing;

If additional recruitment is necessary, will work with If additional recruitment is necessary, will work with designated department representative on advertising and designated department representative on advertising and other requirements;other requirements;

Will prepare and file application once all materials are Will prepare and file application once all materials are received;received;

Total processing can take between 2-3 years currently.Total processing can take between 2-3 years currently.

Other Issues - Other Issues - AdministrationAdministration

Departments should track its international Departments should track its international scholars and the expiration of their work visasscholars and the expiration of their work visas– Ultimately individual scholar/staff is responsible;Ultimately individual scholar/staff is responsible;– Payroll notifies international faculty/staff 3 months Payroll notifies international faculty/staff 3 months

before expiration;before expiration;– Departments may want to consider setting up their Departments may want to consider setting up their

own tickler system;own tickler system; Department should designate one Department should designate one

administrator to work with OIS on immigration administrator to work with OIS on immigration matters for its international faculty/staff.matters for its international faculty/staff.

Other Issues – Visa Other Issues – Visa RetrogressionRetrogression

Each country allocated certain number Each country allocated certain number of visas each year for permanent of visas each year for permanent residency.residency.

Certain categories and countries Certain categories and countries oversubscribed.oversubscribed.– China, IndiaChina, India– Professional workers (programmers, etc.)Professional workers (programmers, etc.)

Other preference categories Other preference categories threatened to backlogthreatened to backlog

Other Issues – Visa Other Issues – Visa RetrogressionRetrogression

Visa Bulletin (December 2005)Visa Bulletin (December 2005)AllAll CHCH ININ

11stst C C 01JUL01 01JUL01 01FEB0301FEB03

22ndnd C C 01FEB0101FEB01 01JUL0001JUL00

33rdrd 15MAR01 15MAR01 01JAN01 01JAN01 01JAN9901JAN99

11stst = outstanding, 2 = outstanding, 2ndnd = advanced degree, = advanced degree, 33rdrd = professional, other workers = professional, other workers

(Mexico and the Philippines are not included (Mexico and the Philippines are not included in these numbers)in these numbers)

Other Issues – Length of Other Issues – Length of VisaVisa

Departments should consider petitioning Departments should consider petitioning for faculty and staff for longer than a 1 for faculty and staff for longer than a 1 year period for temp. work visa;year period for temp. work visa;– Department has no obligation to employ Department has no obligation to employ

foreign national for full H-1B term;foreign national for full H-1B term;– Department’s only liability is payment of Department’s only liability is payment of

return trip home if USC terminates return trip home if USC terminates employment;employment;

– Saves paperwork for departmentSaves paperwork for department– No need to revisit wage requirement issuesNo need to revisit wage requirement issues

Other Issues – Travel AbroadOther Issues – Travel Abroad Approval of visa status does not necessarily permit entry into U.S. Approval of visa status does not necessarily permit entry into U.S.

from abroad.from abroad. Most need to obtain a visa stamp at U.S. Embassy/ConsulateMost need to obtain a visa stamp at U.S. Embassy/Consulate Normal processing can range anywhere from same day to several Normal processing can range anywhere from same day to several

weeks depending on Consulateweeks depending on Consulate– Information on specific visa processing at U.S. Consulates available at Information on specific visa processing at U.S. Consulates available at

www.usembassy.state.govwww.usembassy.state.gov..– The State Department provides visa processing times for each The State Department provides visa processing times for each

consulate at: travel.state.gov/visa/temp/wait/tempvisitors_wait.phpconsulate at: travel.state.gov/visa/temp/wait/tempvisitors_wait.php Security checks may cause further delaySecurity checks may cause further delay

– Technology Alert List (TAL)/ USCIS just extended security checks: H-Technology Alert List (TAL)/ USCIS just extended security checks: H-1B/2 years1B/2 years

– Foreign nationals born in so-called terrorist countries (Cuba, Iran, Iraq, Foreign nationals born in so-called terrorist countries (Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria)Libya, North Korea, Sudan, and Syria)

Department/Employee should consult with OIS well before making Department/Employee should consult with OIS well before making any firm travel plans outside the United States.any firm travel plans outside the United States.

Travel to Canada/Mexico not recommendedTravel to Canada/Mexico not recommended

Form I-94 Arrival/Departure Form I-94 Arrival/Departure Record (Front)Record (Front)

Form I-94 Arrival/Departure Form I-94 Arrival/Departure Record (back) Record (back)

Visa Entry Stamp issued by the Visa Entry Stamp issued by the U.S. ConsulateU.S. Consulate