International Hiring: Faculty, International Hiring: Faculty, Researchers and Staff Researchers and Staff

Presented byPresented by

Mario Rojo del Busto, LL.M.Mario Rojo del Busto, LL.M.

Assistant Dean of Faculties & Chief of StaffAssistant Dean of Faculties & Chief of Staff

Director of International Faculty & Scholar Director of International Faculty & Scholar ServicesServices

ResourcesResources

• System Regulation 33.99.01 Employment Practices

• University Rule 12.99.99.M1 Faculty Recruitment Procedures

• System Regulation 33.99.09 Employment of Foreign Nationals

• University Rule 33.99.01.M1Employment of Foreign Nationals

• DOF Faculty Hiring Guidelines and forms • IFSS Guidelines and forms

Different Routes to Hiring Different Routes to Hiring

Colleges – Departments

FacultyFaculty Dean of Faculties

ResearchersResearchers Vice President IFSSIFSS for Research (International Employees)

StaffStaff Human Resources

Three Stages to the ProcessThree Stages to the Process

Pre – HiringPre – HiringWhat do we need to do to launch the search

HiringHiring We selected a candidate and we made him/her an offer

Post-HiringPost-HiringWhat do we need to do to “actually” employ the individual

Hiring domestic vs. InternationalHiring domestic vs. International Is there a difference? Is there a difference?

Same advertisement

Same selection process

Same offer letter

Almost the same post-hiring requirements

BUT FOR:

•Obtaining USCIS authorization to work for TAMU

•Retaining employee on a permanent basis

Visa vs. StatusVisa vs. Status

INSIDEINSIDE THE U.S.A. THE U.S.A. OUTSIDEOUTSIDE THE USA THE USA

I-94I-94 VISAVISA

To be in the USATo be in the USA To enter the USATo enter the USA

I-94 Approval RecordI-94 Approval Record

Immigration Statuses of a Immigration Statuses of a Foreign NationalForeign National

Change of Status

Extension of Stay/Portability

New Status

Department’s ObligationsDepartment’s Obligations

System Regulation 33.99.09System Regulation 33.99.09

Ensure that correspondence with the foreign national prior to

obtaining the necessary approvals does not constitute a firm offer of

employment

Ensure that the proposed employment complies with all U.S. export

control laws and regulations

Initiate the request, including the necessary immigration information

Contact IFSS for handling the employment of foreign nationals

Nonimmigrant PetitionsNonimmigrant Petitions

StartsStarts Hiring Department

After contingent offer is madeAfter contingent offer is made Collects required supporting evidence

Submits to IFSS

IFSS reviews & prepares dossier for filingIFSS reviews & prepares dossier for filing

Files the petition with DOL & USCISFiles the petition with DOL & USCIS

The Offer LetterThe Offer Letter

Essential ElementsEssential Elements

Mirror the PDLength of appointmentDate of employmentSalaryDuties and responsibilitiesEffort timeContingenciesAcceptance by candidate

ContingenciesContingencies

1.Final administrative approval (for faculty)

2.Employment eligibility verification

3.Criminal background check

4.Degree verification/official transcript

5.Selective Service

Review and analysisReview and analysis

H-1B Specialty OccupationH-1B Specialty Occupation

Position Description

Prevailing Wage Determination

Labor Condition Application

Deemed Export Control Attestation

Prevailing WagesPrevailing Wages

What is a Prevailing Wage?

Prevailing wage determinations are based upon:

•Experience and skills required for job•Complexity of job duties•Level of judgment involved•Amount of supervision required•Does the position supervise anyone

4 Wage Levels (entry, qualified, experience, fully competent)

How does it affect the employment?

Labor Condition ApplicationLabor Condition Application

The AttestationsThe AttestationsUnder Penalty of PerjuryUnder Penalty of Perjury

Payment of the higher wageEmployment will not adversely affect the

working conditions of similarly employed

workersNo strike, lockout or work stoppage in the

occupation Retention of public inspection file documenting compliance with above requirements

DEEMED EXPORT CONTROLDEEMED EXPORT CONTROLATTESTATIONATTESTATION

Completion of Export Control training by supervisor

It affects H-1Bs and O-1s international employees

Determination of whether or not a license is required

must be documented

Attestation must be completed and signed by the hiring

supervisor

Severe civil and criminal penalties for concealment or

intentional misrepresentation

Commencing EmploymentCommencing Employment

§6.5 of TAMU Rule 33.99.01.M1

•An approved nonimmigrant status notice (I-797A)

•Actual receipt of USCIS approval

•Portability exception

•I-9 Form has been completed

QUESTIONS?QUESTIONS?