Handbook. A guide to employer-based visa processing at KSU

Transcription

1 Employmentbased Visa Handbook A guide to employer-based visa processing at KSU The following information is provided as an aide to applicants, but does not represent advice surpassing that of a qualified immigration attorney.

2 INTRODUCTION 4 Kennesaw State University-Sponsored Visas 4 H-1B VISA PROCESSING 7 H-1B Visa in a Nutshell 7 Requirements for H-1B Sponsorship at Kennesaw State 9 Department Responsibilities 9 The Steps to Obtaining an H-1B Visa 10 Prevailing Wage v. Actual Wage 10 Labor Certification 10 Export Controls Attestation 11 Submit Petition 11 Of Special Note 12 Length of Stay in H-1B Status 13 H4 does NOT count towards the six year H-1B Limit 13 Extensions beyond 6 years 13 H-1B Travel and Re-entry to the U.S. 13 Obtaining an H-1B Visa Stamp 14 Traveling to Canada, Mexico for less than thirty days 14 Travel while change of status to H-1B is pending 15 Travel while H-1B extension of stay is pending 15 Termination of H-1B Employees 16 H-1B Employer Obligations 16 Consequences for the H-1B Employee 17 PERMANENT RESIDENCY PROCESSING 19 Guidelines 19 Procedure 19 Documentation 20 Overall Criteria for Permanent Residency Filing at KSU 20 Beginning the Process 20 Overview of Categories 20 The Permanent Residency Application Steps 22 Prevailing Wage determination 22 Advertising and Recruitment 22 Optional Special Recruitment for College and University Teachers 23 KSU Employment Visa Services Page 2 of 63 Last Update: 03/29/2011

3 Labor Certification 24 Filing of I-140 Visa Petition 25 Filing an Application to Adjust Status (Form I-485) 25 Templates 26 Guidelines for Letters of Reference for Outstanding Scholars (O-1 visas) 26 H-1B Request to Initiate Template 27 Export Controls Certification 28 H-1B Letter of Support 30 Faculty Recruitment Reports 32 I-140 Letter of Support EB 2 37 Letter in Support of Outstanding Professors and Scholars 39 I-485 Employment Verification Letter 43 NOTIFICATION OF TERMINATION and/or RESIGNATION 44 GLOSSARY OF TERMS 45 Checklists 51 KSU Employment Visa Services Page 3 of 63 Last Update: 03/29/2011

4 INTRODUCTION Kennesaw State University-Sponsored Visas This is a guideline to provide you with basic information on the common categories of employment for international persons at Kennesaw State University. Contact the Office of International Services & Programs (OISP) or Human Resources Office (HR) for further information, specific questions, and to determine eligibility. The J-1 Exchange Visitor Program (EVP) was developed by the Department of State (DOS) in 1961 to increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. J-1 scholars are non-immigrants pursuing a specific program objective at academic institutions in the U.S., as designated by the Department of State and United States Citizenship & Immigration Services (USCIS). J-1 scholars are categorized as research scholars, professors, short-term scholars, or specialists. OISP staff members are DOS-designated Responsible Officer (RO) & Alternate ROs for KSU s EVP. The H-1B category is for the temporary employment of foreign nationals in a specialty occupation category by a specific employer. The position must require, at minimum, a Bachelor s degree. In addition, the foreign national must meet the minimum qualifications for the position and be paid the higher of the prevailing wage, as determined by the Department of Labor, or the actual wage paid by KSU to all other similarly situated employees in the same specified employment. HR must be notified in the early stages of employment negotiations so that complications related to salary are avoided. The position must be approved by the Department of Labor through the filing of a Labor Condition Application. H-1B worker applications are processed by HR. The TN-1 category was created as part of the North American Free Trade Agreement (NAFTA) for individuals from Canada or Mexico employed in specific fields. Persons who qualify may apply at the border or inside the United States. Contact HR for information regarding positions that qualify under NAFTA. The O-1 category is specifically for the employment of professionals with Extraordinary Ability. To qualify, the foreign national must be in the top 3-5% of his/her field of specialty. Contact HR to determine if a foreign national will qualify for this category. The E-3 category was established in 2005 as a Free Trade program authorizing temporary employment of Australian foreign nationals in a specialty occupation by a specific U.S. employer. The employment requirements mirror those of the H-1B category (see above). Please contact HR with any questions (not included in chart below). KSU Employment Visa Services Page 4 of 63 Last Update: 03/29/2011

5 Figure 1: Visa Categories J - 1 Scholar H-1B Temporary Worker TN-1 Temporary Worker O-1 Temporary Worker (administered by OISP) (administered by HR) (administered by HR) (administered by HR) Purpose of category Research, teaching, observation, consulting, collaboration, and/or demonstration. Includes non-tenure track faculty, postdoctoral scholars, staff, and visiting scholars. Employment authorization for temporary employment in specialty occupations (position must require at least a bachelor s degree.) Includes faculty, postdoctoral scholars, and staff. Temporary employment in a professional occupation authorized under NAFTA only available to Canadian or Mexican nationals. Includes non-tenure track faculty, postdoctoral scholars, and staff. Extraordinary ability in sciences, arts, education, business, or athletics. Authorizes temporary employment for professionals in top 3-5% of field of expertise. Maximum length of stay Research Scholars - 5 years Professors - 5 years Specialists - 1 year Approved in increments of up to 3 years at a time, but renewable up to a maximum of 6 years continuous stay in the US. Approved in 3-year increments with no defined maximum on extensions, but must maintain evidence of intent to return to home country. Approved for up to 3 years initially and renewable in 1 year increments thereafter until program/employment objective completed. Short Term Scholars - 6 months (After completing a 5 year Exchange Visitor program, some J-1 scholars are barred from returning as a research scholar or professor for 2 years) (Extensions beyond the 6 th year possible in limited circumstances related to pending green card applications). Fees $100 SEVIS fee for new J-1 applicants (no additional SEVIS fees for dependents). (Does not include visa issuance fees levied at US Consulates / Embassies for applicants outside of the US) $325 I 129 fee Other possible fees: $500 Fraud fee (Initial H-1B only) $290 for dependents in U.S. only $1,225 premium processing fee (Does not include visa issuance fees levied at US Consulates / Embassies for applicants outside of the US) If processed with USCIS: $325 I-129 fee Other possible fees: $290 for dependents in U.S. only $1,225 premium processing fee (Does not include visa issuance fees levied at US Consulates / Embassies for applicants outside the US) $325 I-129 fee Other possible fees: $290 for dependents in U.S. only $1,225 premium processing fee (Does not include visa issuance fees levied at US Consulates / Embassies for applicants outside the US) Length of application process (prior to visa application) DS-2019 issued within 1-2 weeks of receipt of completed Exchange Visitor Application at OISP. Processing times vary depending on USCIS caseload & hiring department document preparation: 3-5 month average for regular processing; 5-7 week average for premium processing. Processing times vary depending on USCIS caseload & hiring department document preparation; 2-3 months average for regular processing; 2-6 weeks average for premium processing; processing times at border: N/A Processing times vary depending on USCIS caseload, hiring department document preparation & time required to obtain testimonial letters; 3-5 month average for regular processing; 1-2 month average for premium processing. KSU Employment Visa Services Page 5 of 63 Last Update: 03/29/2011

6 J - 1 Scholar H-1B Temporary Worker TN-1 Temporary Worker O-1 Temporary Worker (administered by OISP) (administered by HR) (administered by HR) (administered by HR) Documentation Issued for Approval Form DS-2019 issued by OISP based upon departmental documentation via Exchange Visitor Application. Form I-797A/B issued by USCIS via HR. I-94 Card with TN-1 stamp if obtained at border; Form I-797A/B issued by USCIS via HR if obtained inside U.S. Form I-797A/B issued by USCIS via HR. Transfers May transfer to another institution if J-1 program objective is maintained. OISP must be consulted for approval and processing. J-1s from other institutions may transfer to KSU if their program objective is maintained. Consult with OISP for approval and processing. May transfer within KSU in same specific employment (HR must be consulted to confirm transfer). If transferring to KSU from another employer, HR must file H-1B petition before current employment is terminated; USCIS receipt notice required to work. May transfer within KSU, however, HR must confirm that new employment at KSU is authorized under NAFTA. If transferring to KSU from another employer, HR must receive USCIS approval notice prior to employment. May transfer within KSU if new position continues to satisfy original program objective covered by existing O-1 status. If transferring to KSU from another employer, HR must receive USCIS approval notice prior to employment. Employee s intention to remain in the United States (if a departmental concern) Dual intent is not inherent to the J-1. Some are subject to two-year home residency requirement, based on governmental funding or field (which must be fulfilled or waived prior to changes to certain other visa categories) Dual intent inherent. Person may apply for permanent residency directly from H- 1B status and typically can renew H-1B status until permanent residency approved. Person can continue to travel on H-1B or obtain Advanced Parole. Dual intent is not inherent; application for Permanent residency will eliminate ability to renew/extend TN-1 status; also, may not be able to renew after extended period of stay in U.S. Dual intent recognized but limited; may be able to renew/extend O-1 status while application for Permanent residency pending; must have approved Advanced Parole to travel while I-485 pending Type: J-2 Type: H-4 Type: TD Type: O-3 Dependents Eligible for work permit valid in periods of up to 1 year at a time, renewable for length of J-1 validity; may not volunteer unless traditionally a volunteer position; may study. J-2s are issued DS-2019 forms and their records are maintained by OISP. Obtained at the US Consulate or Embassy if dependent outside the US when HR obtains H-1B status for employee; if in the US, then HR can assist in filing a petition for H-4 status for dependent family member. Not authorized for employment; may not volunteer unless traditionally a volunteer position; may study. Obtained at the US Consulate or Embassy if dependent outside the US when HR obtains TN-1 status for employee; if in the US, then HR can assist in filing a petition for TD status for dependent family member. Not authorized for employment; may not volunteer unless traditionally a volunteer position; may study. Obtained at the US Consulate or Embassy if dependent outside the US when HR obtains O-1 status for employee; if in the US, then HR can assist in filing a petition for O-3 status for dependent family member. Not authorized for employment; may not volunteer unless traditionally a volunteer position; may study. KSU Employment Visa Services Page 6 of 63 Last Update: 03/29/2011

7 H-1B VISA PROCESSING H-1B Visa in a Nutshell Reserved for specialty occupations, the petitioner seeking an H-1B must establish that the job requires the services of a professional, that the foreign worker qualifies as such a professional, and that a labor condition application has been certified by the Department of Labor. Employers are required to pay the higher of either the actual or prevailing wage, ostensibly to protect the salaries of U.S citizens doing similar work from becoming artificially depressed. The actual wage is the wage paid to other co-workers in similar positions; the prevailing wage is the average salary paid to workers in the area of intended employment. The prevailing wage is often obtained through a request to the National Prevailing Wage Center, however other sources of prevailing wages are permitted and may be used. The employer must make certain promises as part of the H-1B application process. Additional to promising to pay the higher of the prevailing or actual wage, the employer must promise that hiring an H- 1B worker will not adversely affect other co-workers. Furthermore, the employer must attest that it will take certain actions in the event of a strike or lockout and that it has provided adequate notice to other workers about the hiring of a foreign national. The final step of the H-1B petition process involves submitting the package to USCIS. USCIS normally takes approximately 3 4 months to process, review, and adjudicate an H-1B petition. This time period can vary, particularly if the USCIS issues a Request for Evidence (RFE) requiring additional supporting documentation for the petition. The H-1B visa has the interesting characteristic of permitting dual intent. Unlike many other visas, a holder of an H-1B visa may intend to be in the U.S. for a temporary and permanent period of time, opening the door to apply for permanent residency while in H-1B status. KSU Employment Visa Services Page 7 of 63 Last Update: 03/29/2011

8 Figure 2: H-1B process flow Employment Visa Specialist (EVS) and applicant collect initial documentation as listed in I-129 Checklist EVS obtains Prevailing Wage data The Notice of the filing of the LCA must be posted in at least two conspicuous locations in the employer's establishment/s in the area of intended employment. The notice must be posted for 10 days but the first day of the posting must start on the same day of or before filing the LCA. EVS submits the H-1B petition to USCIS Service Center. If the worker is currently in H-1B status with another employer, the worker may start working at this point EVS and the applicant complete and sign Form I- 129 and assemble and review the petition packet The Check Request form for H-1B Filing Fee is prepared and submitted for 1) an applicant s Department approval, 2) HR approval, 3) A/P processing EVS prepares Labor Condition Application (LCA) form USCIS approval is expected within 90 to 120 days. Expedited requests can be made by paying $1,225 for premium processing If worker is in the US in valid nonimmigrant status other than H-1B, the worker can usually begin work for petitioning employer If worker is outside the US, EVS will advise the applicant on applying for the visa at US Consulate abroad. The H-1B applicant may enter the U.S. only 10 days before the date requested. Worker must get a new visa stamp at consulate when leaving the US for the first time after USCIS approval unless worker already in H-1B status Worker reenters with a new visa stamp and I-94 valid for duration of the H-1B status noted on USCIS approval notice. Any changes in the employment should then be reported to HR and EVS KSU Employment Visa Services Page 8 of 63 Last Update: 03/29/2011

9 Requirements for H-1B Sponsorship at Kennesaw State In order to request an H-1B visa at Kennesaw State, the following conditions apply: KSU will only file for full-time (100% time plus benefits) employees with an initial appointment of at least one academic year. KSU sponsorship for H-1B status is available for positions that support the academic mission of the university, such as faculty, and are considered specialty occupations. Specialty occupation, as defined by the Immigration and Nationality Act, means an occupation that requires a theoretical and practical application of a body of highly specialized knowledge, and that the attainment of a bachelor s degree or higher is usually a prerequisite to entry into the profession. KSU may also, in special circumstances file for classified employees holding technical positions as long as the position meets the definition of a specialty occupation. Under the regulations, the need for a person in a specialty occupation can be shown by one of the following: 1. a bachelor's or higher degree is normally the minimum requirement for entry into the particular position; 2. the degree requirement is common in the industry in parallel positions among similar organizations, or the position is so complex or unique that it can be performed only by an individual with a degree; 3. the employer normally requires the degree for the position; or 4. the nature of the duties are so specialized and complex that knowledge required to perform them is usually obtained through a bachelors level or higher education. The foreign national must hold at least a Baccalaureate degree. The sponsoring department is responsible for the fees associated with filing an H-1B petition. Department Responsibilities Departments initiating the sponsorship of international employees must: 1. Consult with HR, prior to making any employment offer to a foreign national to ensure that he/she is eligible for the nonimmigrant classification necessary to accept the appointment full term; 2. Understand that there are no guarantees, even if a foreign national is eligible for a visa, that one will be granted by the U.S. government, and the department has made no such guarantees to the foreign national; 3. Complete all request forms and submit documentation required for the H-1B work authorization as indicated on I-129 Checklist within the necessary time frames 4. Ensure accurate and thorough completion of required documents and obtain required signatures as indicated on the KSU Process Authorization Form(s); 5. Assign the international visitor only those functions and responsibilities which are consistent with the appointment and authorized by the USCIS (formerly INS); KSU Employment Visa Services Page 9 of 63 Last Update: 03/29/2011

10 6. Ensure that no foreign nationals have access to controlled technology, objects, or information as defined by the U.S. Commerce and State Departments, or, if they do, a federal license has been obtained; 7. Ensure that no prospective employees begin performing services until they have obtained all necessary government approvals to be employed at KSU; and 8. Notify HR at least 30 days in advance on the KSU PAF and/or Resignation of Foreign National Employee Form when foreign national employees are terminated from their program and/or leave KSU. Likewise, departments initiating the sponsorship of international employees or fellows are encouraged to: 1. Ensure international employee provides accurate, timely information for tax processing upon hire and when his/her status changes or is extended; 2. Ensure that international employees have adequate health insurance coverage for themselves and for any visa dependents they have in the US; 3. Provide international employees with personal courtesies such as information about the local community and any appropriate information or assistance the employee needs; and 4. Provide international employees with adequate office and/or laboratory facilities, including desk space, access to telephone services, , and to department and KSU facilities. The Steps to Obtaining an H-1B Visa The basic chronology of an H-1B application is as follows. Prevailing Wage v. Actual Wage As the first step in the H-1B process, the KSU Employment Visa Specialist (EVS) must conduct a prevailing wage study for the job position. KSU is required to pay the higher of either the prevailing wage or the actual intended wage. A prevailing wage determination can be obtained from the National Prevailing Wage Center by completing a form which asks for the responsibilities, skills, experience, as well as other factors required for the job. This information will be used by the EVS to determine the federal occupational classification into which the position fits. Please note that the title of the position alone may not determine its federal occupational classification. An analyst at the National Prevailing Wage Center will refer to salary surveys on hand and match the job description with their surveys and come up with a salary that s/he believes is an accurate reflection of the industry. The EVS then compares the prevailing wage, as determined by the Department of Labor, with the actual wage. The actual wage is the wage offered to similarly situated employees at KSU. For staff employees, the EVS will ensure that the offered salary fully complies with KSU s established classification and compensation policy. For faculty employees, the departments will need to complete an Actual Wage Determination form which certifies that the H-1B worker s salary falls within the range of salaries currently paid to individuals with the same job title. A copy of the Actual Wage Determination can be found at Template F. Labor Certification Once the prevailing wage is determined, the EVS prepares the Labor Condition Application (LCA). The LCA contains basic information about the employer. It also contains information regarding the prevailing KSU Employment Visa Services Page 10 of 63 Last Update: 03/29/2011

11 wage determination and the salary offered to the foreign employee. Additionally, there are four attestations which the employer is required to make: the employer promises to pay the higher of the two wages the employment of the foreign worker will not harm the working conditions of similarly employed individuals there is currently no strike in progress notice of the filing of the LCA was provided to individuals at the workplace. Pursuant to federal regulations, notice of an LCA filing must be posted on or before the LCA is submitted to the Department of Labor. These notices will be posted online, as well as in both Human Resources and the hiring department for a minimum of ten consecutive business days. Export Controls Attestation The cross-border dissemination of equipment, materials, technology, software or information in the United States is regulated by a system of export controls. The U.S. system of export controls consists of a list of objects and information that cannot be exported to certain countries without a license. Pursuant to federal law, an export includes more than just the actual shipment of covered items or technology. Indeed, the release of controlled technology or technical data, physically or verbally, to any foreign person in the United States -- even by an employer is deemed to be an export to that person's country of nationality. This concept is known as the deemed export rule, and has a direct impact on the hiring of foreign nationals in the United States. United States Citizen and Immigration Services (USCIS) now requires all institutions petitioning for a non-immigrant foreign worker (H-1B) to certify that it has (1) reviewed the applicable federal regulations regarding export controls and (2) determined whether the worker will be exposed to controlled technology. If the foreign employee will be exposed to such technology, the employer is required to obtain a U.S. Government export license to release that controlled technology or technical data to the employment visa beneficiary. If an export license is required, then the company or other entity must further certify to USCIS that it will not release or otherwise provide access to controlled technology or technical data to the beneficiary until it has received the required authorization to do so. As part of the H-1B petition process, hiring departments are required to fill out and sign an attestation that the foreign national will not be exposed to controlled technology or, if he/she will, a proper federal license has been obtained. More information as well as the attestation can be found on the HR International website. Submit Petition Once these steps are completed, the EVS can submit the visa petition. The USCIS form that is used for an H-1B petition is the I-129 and H Supplement. Additional supporting documents must also be prepared and submitted along with these forms. One of the key supporting documents is a letter from the petitioning employer describing the position offered as well as terms of employment and detailing how it is considered to be a specialty occupation. The letter also explains how the foreign worker is uniquely qualified to fill this position given his/her background, education, and skills. Other documents to include in an H-1B petition are diplomas, transcripts and licenses, all of which are designed to show that the foreign worker has the requisite education and experience to perform the responsibilities required for the job. Departments and beneficiaries of the petitions are responsible for obtaining appropriate documentation and providing the same to the EVS for inclusion in the petition. KSU Employment Visa Services Page 11 of 63 Last Update: 03/29/2011

12 The H-1B petitioner (KSU) takes these supporting documents, the I-129 form and H Supplement, the certified LCA, and the appropriate filing fee and sends it to an USCIS Service Center. Upon receipt of the H-1B petition package, the Service Center will send KSU a Notice of Receipt indicating their receipt of the petition and include an approximate processing time. Final approval of the petition is received via a Notice of Approval (I-797) from the USCIS which details the effective dates of the H-1B status. Of Special Note Plan several months in advance when requesting an H-1B. Paperwork delays in large bureaucracies can be commonplace. Requests for Evidence (RFEs) can also stop the clock, even in premium processing cases. In cases where there is no previous H visa, the nonimmigrant professional is eligible to begin employment ONLY upon receipt of an APPROVED H-1B petition. Applicants currently in the U.S. on Optional Practical Training (OPT), employment may begin and continue until Practical Training expires. Employment must stop if the H-1B has not been granted and the practical training period expires. H-1B is "employer and job specific." Before an H-1B nonimmigrant changes jobs or engages in concurrent employment, the new employer must file a new H-1B petition. If the applicant has a valid H visa with another employer and remains in the U.S., KSU can petition for a new H visa and the applicant can start work at KSU as soon as the petition is submitted - this is called portability. Please note: there may be complications if the foreign national resigned from the previous employer before KSU submitted an H petition. Any substantial changes in the H-1B's employment at KSU (such as new location, different duties, change in title, change in source or amount of salary, etc.) that occur after the H-1B is approved require immediate notification to HR and the Employment Visa Specialist. USCIS regulations require the employer to notify USCIS of such changes. In some cases, a new LCA will have to be filed with the Department of Labor to maintain legal status. H-1B visa holders are considered resident aliens for tax purposes and are subject to FICA (Social Security and Medicare withholding) and therefore are eligible for the same tax rates, exemptions and deductions as US citizens. Specific rules and filing requirements may apply. H-4 family members may study but may not hold employment, including assistantships and student employment. H-1B applications may be submitted to USCIS up to 6 months in advance. If the employee is currently abroad: The H-1B applicant may only enter the U.S. 10 days before the H-1B period begins. KSU Employment Visa Services Page 12 of 63 Last Update: 03/29/2011

13 Length of Stay in H-1B Status Non-immigrants in H-1B status are eligible for a total maximum stay of 6 years. The initial H-1B petition may cover a period of up to 3 years and may be extended, before the expiration date, to a total of 6 years. Once a non-frivolous and timely petition to extend H-1B status has been filed with USCIS, the H-1B worker can continue working 240 days past the expiration of the initial visa period while the extension is pending. If the extension of status is not granted, however, employment of the foreign national must cease immediately. H4 does NOT count towards the six year H-1B Limit Dated December 5, 2006, the Associate Director of Domestic Operations for USCIS issued an Interoffice Memorandum to all Regional Directors of USCIS. This memorandum provided guidance on the following two important issues: Time spent as an H-4 and L-2 dependent does not count against the maximum allowable periods of stay available to principals in H-1B and L-1 status; H-1B aliens, who qualify under AC21 need not be in H-1B status when requesting an additional period of stay beyond the six year maximum; USCIS has now clarified that any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens. Thus, an alien who was previously an H-4 dependent and subsequently becomes an H-1B principal will be entitled to the maximum period of stay applicable to the classification. This is a direct reversal of earlier USCIS policy. This means that an alien in H-4 status will now be entitled to a full six-year period in H-1B status. Conversely, an H-1B principal who subsequently converts H-4 status may remain in the derivative status for as long as the principal alien spouse maintains that principal status. Extensions beyond 6 years Pursuant to the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), individuals may request additional extensions of stay beyond the 6 year maximum where a Labor Certification Application or an I-140 Immigrant Petition was filed on their behalf over one year ago. Additionally, the USCIS memorandum indicates that those aliens who are eligible for a 7 th year extension may be granted an extension of stay regardless of whether they are currently in the United States and regardless of whether they currently hold H-1B status. AC21 also allows for extensions beyond the statutory 6-year limit for those individuals who are the beneficiary of an approved I-140 petition for permanent residency, but who cannot apply for adjustment of status due to the unavailability of visa numbers. This provision allows those individuals from China and India to continue renewing their H-1B status while they wait for their EB priority dates to become current. H-1B Travel and Re-entry to the U.S. If you are making a trip outside the United States, you will need the following to re-enter the U.S. valid passport original Form I-797A (H-1B Approval Notice for your current position) letter from your employer confirming current employment in the position described in the H-1B petition KSU Employment Visa Services Page 13 of 63 Last Update: 03/29/2011

14 valid H-1B visa stamp in your passport. If you do not have a valid H-1B visa stamp in your passport, you must apply for one at a U.S. Embassy or Consulate abroad. Obtaining an H-1B Visa Stamp If you have changed and/or extended your non-immigrant status while in the United States and have never had an H-1B visa stamp in your passport, or if your H-1B visa stamp has expired, you must make an application with a U.S. Embassy or Consulate outside of the U.S. to obtain an H-1B visa for re-entry. You will need to present the following documentation: original Form I-797A (H-1B Approval Notice for your current position) copy of Form ETA-9035 Labor Conditions Application (LCA) copy of Form (petition for H-1B submitted to USCIS on your behalf) letter from your department confirming employment and that you are expected to return to the U.S. to resume the terms of your contract original waiver of the two year home residency requirement (if you were previously in J- 1 visa status and received a waiver) valid passport (valid 6 months into the future) Form DS-160 (available at Embassy/Consulate) Please contact the specific U.S. Consulate or Embassy where you plan to apply for other requirements, including photos and fees. Also, note that some Consulates and Embassies have recently changed to an appointment system. Please confirm application procedures prior to your trip. Electronic verification of H-1B case records is done at U.S. consulates and embassies using the Petition Information Management Service (PIMS) system. Not all cases involving a transfer of H-1B status between employers or extension of H-1B status are necessarily in PIMS and this can cause delays in obtaining visa issuance. KSU faculty and staff are strongly encouraged to schedule appointments with U.S. Consulates or Embassies to request visa issuance with sufficient time to accommodate any delays in processing prior to a planned re-entry into the U.S. Traveling to Canada, Mexico for less than thirty days If you have an expired H-1B visa stamp or if you have an expired U.S. nonimmigrant visa of any other type (e.g. B, F, J) and you have a valid I-94 card stating your current valid H-1B status, your visa will be considered automatically revalidated when you re-enter the U.S. from Canada or Mexico as long as ALL of the following are true: you have only been in Canada or Mexico for less than 30 days, you have with you a current I-94 card stating your valid H-1B status, you do not apply for a visa while in Canada or Mexico, AND you are not from one of the countries currently considered by the U.S. Department of State to be state sponsors of terrorism. For this automatic revalidation to apply to you, you must be careful to keep your I-94 card when leaving the U.S. to enter Canada or Mexico for a trip of less than 30 days. Present your I-94 card along with your valid passport, original Form I-797A (H-1B Approval Notice for your current position) and a letter from your employer confirming current employment in the position described in the H-1B petition. KSU Employment Visa Services Page 14 of 63 Last Update: 03/29/2011

15 Travel while change of status to H-1B is pending A non-immigrant who is changing from one non-immigrant category to another (F-1 student to H-1B, for example) is considered to be changing status. Traveling while changing status can have important consequences. A non-immigrant that travels abroad while an application for change of status to H-1B is pending is considered to have abandoned the change of status portion of the petition. Only the change of status portion of the H-1B application is affected by travel, though. If the H-1B petition is later approved, and the alien is still abroad, he or she can apply for an H-1B visa at a U.S. consulate and then enter the United States in H-1B status. If an alien who departed the United States while an application for change to H-1B status was pending reenters the United States in another non-immigrant category (B-1 visitor, for instance), he or she is not considered to be in H-1B status even if USCIS subsequently approves the change of status request that was pending at the time of the alien's departure. In that case, the alien would either have to exit the United States with the approval notice, obtain an H-1B visa and then reenter in H-1B status, or have the employer file a new Form I-129 requesting a change of status once more. The latter course of action could be difficult, as immigration inspectors may infer preconceived intent on the part of the alien. Travel while H-1B extension of stay is pending Unlike travel while a change of status application is pending, travel while an extension of stay application is pending is not viewed as an abandonment of the application for extension of stay. Although an application for extension of stay is not considered abandoned if the alien departs while the application is pending, when the alien needs to re-enter the U.S., he or she still needs both a valid H-1B visa as well as a valid I-797 Approval Notice. If the extension of stay is not approved by the time the alien needs to re-enter, he or she can use a prior approval notice, but only if the period of employment on that notice has not yet expired. Travel during the 240-day automatic extension of work authorization after the current H-1B period has expired is not allowed. If the alien could not avoid traveling abroad during this period of time, he or she will have to stay abroad while awaiting the H-1B extension approval in order to be able to apply for a new visa or be readmitted to the United States in H-1B status. KSU Employment Visa Services Page 15 of 63 Last Update: 03/29/2011

16 Termination of H-1B Employees It is important for H-1B employers to be aware of the obligations and responsibilities that arise once an H-1B employee is terminated. The key is to maintain careful documentary records when facing this situation. Additionally, there are issues that arise for the terminated employee. Please contact the Employment Visa Specialist if your department is terminating the employment of an H-1B worker. H-1B Employer Obligations Liability for Reasonable Costs of Return Transportation Employers who terminate an H1-B employee before the end of that employee s period of authorized stay are liable for the reasonable costs of return transportation for the employee to his or her last country of residence. Immigration statutes and regulations suggest that the employer s liability is limited to the reasonable cost of physically returning the H-1B employee, and does not extend to the cost of relocating family members or property. Terminated H-1B employees who believe an employer is not complying with this obligation may file a complaint with United States Citizenship and Immigration Services ( USCIS ). USCIS policy regarding enforcement of this obligation, however, is unclear, and USCIS lacks statutory authority and a regulatory mechanism to enforce this obligation. Employers should be aware that the statute does not impose an obligation to provide the costs of return transportation to an employee who elects not to depart the United States; however, the Department of Labor considers the payment of these costs to be a normal incident of a bona fide termination. Employers may wish to provide terminated H-1B employees with a sum approximating the employee s reasonable return costs and obtain a release from the employee. Alternatively, the employer may be able to satisfy the return transportation requirement by offering to provide a ticket for the employee within a reasonable period after the date of termination through the employer s travel agent. This approach would provide evidence that the employer made a good-faith effort to satisfy its obligation, while avoiding a windfall to an employee who elects to remain in the United States. A terminated employee may seek to enforce the employer s obligation in state court; however, it is unclear whether such a suit could succeed. Employers should retain records of compliance with this obligation. USCIS Notification of Termination Regulations require an H-1B employer to notify USCIS immediately of any material changes in the terms and conditions of employment affecting an H-1B employee. USCIS policy indicates that employment termination constitutes a material change. Employers may satisfy this notification obligation by sending a letter explaining the change or termination to the USCIS office that approved the petition. Employers should be aware that there is no sanction provided in the USCIS regulations for failing to make timely notification of an H-1B worker s termination (but see the discussion of DOL implications below). After receipt of a letter from an H-1B employer indicating that the H-1B employee is no longer employed by the employer, USCIS will respond with a notice revoking that employee s H-1B petition. The eventual revocation of the H-1B petition may cause a dilemma for an H-1B employee, who may have remained in the United States to seek other employment, as discussed below. KSU Employment Visa Services Page 16 of 63 Last Update: 03/29/2011

17 Employers should consider informing terminated employees of the employer s obligation to notify USCIS of the termination and of the eventual revocation of the employee s H-1B petition that will result. Employers should retain records of compliance with this obligation. Department of Labor Implications Employers should be aware that the Department of Labor (DOL) has issued regulations preventing the benching of H-1B workers that is, underpaying or not paying an employee who is engaged in a nonrevenue producing matter for the employer. These regulations impose a requirement that employees in nonproductive status or otherwise temporarily laid off due to the decision of the employer continue to receive their normal wages. This requirement ceases once there is a bona fide termination of employment. DOL regulations tie the obligation to pay an employee until bona fide termination to the obligation to inform USCIS of an H-1B employee s termination. The DOL s enforcement position has been that any evidence of a bona fide termination, such as written notice to the employee, will be sufficient to end the employer s wage obligation. A recent decision of the DOL s Administrative Review Board, however, held that an employer s obligation to pay the offered salary continues up until the date the employer sends notice of termination to USCIS. While USCIS s position is that an H-1B petition is valid until revoked, so that a terminated H-1B employee whose petition has not been revoked could later begin work for the same employer immediately and would not need a new H-1B petition, the Department of Labor s position is that failing to file a new petition means no bona fide termination occurred, so that the employer is liable for wages during the entire period between the termination and re-hire. Employers should maintain careful records of an H-1B employee s termination, and immediately notify USCIS of the termination, in the event that the Department of Labor questions when the employee actually was terminated. Consequences for the H-1B Employee Maintenance of Status Contrary to popular belief, there is no 10-day, 30-day or other grace period for terminated employees holding H-1B status. Once the employment relationship terminates, the H-1B employee is out of status and must, therefore, leave the U.S. immediately. USCIS policy is that periods during which an H-1B employee receives severance payments, or remains on the employer s payroll without reporting for work, are not periods of valid status for an H-1B nonimmigrant. Technically, H-1B employees who remain in the United States after termination of their H-1B employment without changing their status are in violation of their status, and persons in violation of their status are not allowed to change, amend or extend their status. In deciding whether to approve a change, amendment or extension of status for any out-of-status nonimmigrant, however, USCIS may exercise discretion on a case-by-case basis to grant the extension, change or amendment of status in spite of the failure to maintain status. The longer the time out of status, the less likely USCIS will be to approve the change, extension or amendment of status. If the period out of status is very short (10 days or less), a change, extension or amendment of status may be approved. USCIS offices, however, have increasingly refused to exercise discretion in favor of laid-off H-1B workers, unless the gap in status is very short. KSU Employment Visa Services Page 17 of 63 Last Update: 03/29/2011

18 Terminated H-1B employees should be aware that time is not on their side. If the employee has plans to have another H-1B petition filed on his or her behalf, or to change to another nonimmigrant status, those plans should be implemented as quickly as possible. Difficulty in Taking Advantage of the Portability Rules The portability rules allow an individual in H-1B status to begin work for a new H-1B employer as soon as the new employer files a non-frivolous petition with USCIS to extend and amend the H-1B employee s status to reflect the new employer, if certain conditions are met. One condition is that the new petition must be filed before the date of expiration of the period of stay. USCIS has not made clear when the expiration of the period of stay occurs, though the same language has been interpreted in other contexts to refer only to the expiration date of the nonimmigrant s Form I-94, rather than to when the nonimmigrant fails to maintain status. The dilemma for the terminated H-1B employee is that, if the period of stay expires on the last day of employment, the employee is left with little or no time to coordinate the filing of a new petition by a new employer. While the legacy INS indicated it would propose a grace period to allow terminated H-1B workers to take advantage of the portability rules for a particular period of time (such as 60 days), there has been little activity from the Department of Homeland Security on the issue so far. Conclusion There are many issues to consider regarding the termination of H-1B employees. Each individual termination will present unique circumstances that may require more detailed analysis. As individual terminations are carried out, both employers and employees should keep these general issues and challenges in mind and should consult with immigration counsel for an individual determination of their options. Please notify HR Employment Visa Specialist 30 Days PRIOR to employee termination: EMPLOYMENT VISA SERVICES Kennesaw State University Campus Services Building Chastain Road, MB 3504 Kennesaw, GA Phone: (770) Fax: (770) [email protected] KSU Employment Visa Services Page 18 of 63 Last Update: 03/29/2011

19 PERMANENT RESIDENCY PROCESSING Kennesaw State University only supports and sponsors employment-based permanent residency applications for full-time tenure-track positions. Guidelines Permanent residency allows a foreign national to live and work in the U.S. indefinitely. Kennesaw State University will support a petition for Employment-Based Permanent Residency only under the following conditions: The position is classified as Faculty Corps of Instruction under the Board of Regents Policy Manual Section , or as an Administrative Officer under section who retains rank and tenure as an ex officio member of the Corps of Instruction. The applicant s education and experience are in the same field of study as the position in which they will be doing instruction or administration. The applicant s education and experience are commensurate with the job description for similar positions across the university and the University System of Georgia. The recruiting procedure meets the criteria under section for Optional Special Handling and can be documented accordingly. The department is financially able and willing to cover the fees required for filing the form I-140. The department may also have cause to cover the additional premium processing fee required to expedite processing within 15 days in unique circumstances, but is not required to do so. Kennesaw State University does not authorize, under any circumstances, outside counsel or representatives to sponsor employment based residency in KSU s name for any reason. Doing so is a violation of Georgia state law. All KSU employment-sponsored petitions must originate with KSU Employment Visa Services. Procedure Employment based immigration is one of the most common ways to obtain Permanent Residency. KSU will consider processing Permanent Residency for an individual only if the department agrees to sponsor the petition and to fund the associated filing fees. Departments are only required to pay the filing fee for the I-140 petition, and in cases of demonstrated necessity, the premium processing fee associated with the I-907 form. All other fees must be paid by the applicant. The department head must be in full support of any Permanent Residency request prior to HR committing to the process, and no petition will be initiated without express written consent from the department head. Beneficiaries of permanent residency petitions may opt to hire outside counsel to assist with their petitions, but under no circumstances will KSU cover the expense or be under any obligation to follow the advice of outside counsel. Although counsel may be sought, the immigrant petition itself must be filed by KSU, not outside immigration counsel. The Permanent Residency process is a two application process. The initial I-140 immigrant petition is completed by the sponsoring employer. The subsequent I-485 change of status petition is completed by the employee. The I-140 and I-485 can be filed concurrently in some cases if employment based visa numbers are readily available (see the Department of State s Visa Bulletin). If not, the I-485 cannot be filed until the I-140 has been approved and the applicant s priority date is current. Additional forms associated with the I-485 include the I-131 Advance Parole form and the I-765 Employment Authorization form. These are also completed by the applicant. Because the process is lengthy, departments should initiate the permanent residency process: KSU Employment Visa Services Page 19 of 63 Last Update: 03/29/2011

20 upon hire no later than 12 months after the date of the original offer letter for Faculty Personnel, or 12 months prior to the completion of the individual s sixth year of H1-B status. Documentation A great deal of the process revolves around the assembling of documentation and the inevitable waiting for approvals. HR can receive documentation in electronic form wherever originals or documents on official letterhead are not required for submission. The USCIS prefers copies be sent in with the applications, but can request originals be presented at any time after the filing is submitted. Therefore, it is necessary for applicants to assemble all original documents in preparation for filing and to provide copies to HR for actual submission. Originals should be maintained by the employee in a secure place in case of audit by USCIS. Overall Criteria for Permanent Residency Filing at KSU The following criteria must be met to qualify for permanent residency: the position must be designated as full-time tenure-track the position cannot include a set end date for employment; the intention must be long term employment, barring any normal issues that would end in termination the position must require a minimum of a bachelor s degree in a related field of study; requirement may be higher depending on the level of visa petition desired the applicant must have education and experience commensurate with the position s documented requirements; if the position requires a specific field of study, the applicant must have education/experience specifically in that field the department and HR must be able and willing to document the above, along with justification of the recruitment process, in writing Beginning the Process HR will consult with the sponsoring department and the sponsored employee to determine the most appropriate type of I-140 petition. Each type of I-140 petition requires different types of evidence of the employer and the employee. Some employees may qualify for more than one type of I-140 visa, and HR can petition for more than one type of I-140 visa at the same time with USCIS. Each petition, however, is unique and must be documented separately. There are several categories for which KSU can sponsor Employment Based Permanent Residency. All documents related to employer sponsorship must be approved, signed and submitted by KSU representatives only. KSU does not authorize outside attorneys to submit employer based petitions on our behalf. KSU has access to the State Special Assistant Attorney General if immigration law guidance is needed. Overview of Categories KSU will sponsor employment based visa petitions for the categories listed below. KSU Employment Visa Services Page 20 of 63 Last Update: 03/29/2011

21 Figure 3: Employment-based Permanent Residency Preference Minimum Education/Experience Eligible Job Offer Reqd? Labor Certification Required? First - Outstanding Professors and Researchers First - Extraordinary Ability Three years related experience and a documented international reputation Documented national or international acclaim, top of field, and a skill-set that can benefit the US Faculty Yes No Faculty No No Second - Advanced Degree Professional Graduate level OR Baccalaureate + 5 years related experience Faculty Yes Yes, faculty may eligible for Special Handling Aliens of Extraordinary Ability EB-1(a) The Extraordinary Ability category is reserved for those at the top of their field who have a record of sustained national or international acclaim in the arts, sciences, education, athletics or business. The visa is very similar to an O-1 visa, but does not require the position to be tenured/tenure track and can be applied to administrative as well as academic positions. Extensive evidence is required to prove that the individual is one of that small percentage who have risen to the very top of the field of endeavor. The applicant can apply on their own behalf without KSU s assistance. However, KSU can also petition on the applicant s behalf to further strengthen their case for eligibility. Outstanding Professors and Researchers EB-1(b) The Outstanding Professor/Researcher category is reserved for those considered outstanding in their specific field, who have obtained international recognition as a Professor or Researcher, and who have been a professor for at least 3 years. Only tenured/tenure track faculty may use this category, and extensive evidence is required. If the faculty member was selected for the position more than 18 months ago this may be the best option. The process does not require a Labor Certification. KSU can apply directly for the I-140 without analyzing the recruitment that took place for the employee s position. Advanced Degree Professionals EB-2(a) This is one of the most common and simplest routes to an I-140 approval. This option is available for teaching faculty positions or high level administrators only where an advanced degree is a minimum job requirement for all applicants. This process requires a prevailing wage determination and Labor Certification. KSU Employment Visa Services Page 21 of 63 Last Update: 03/29/2011

22 The Permanent Residency Application Steps The process generally includes the following steps: Prevailing Wage determination A Prevailing Wage Determination is only necessary in categories where a Labor Certification is required AND where there is no existing, non-expired prevailing wage from a previous status request. HR will obtain a prevailing wage determination from the National Prevailing Wage Center (NPWC) in Washington, D.C. by completing a form which asks for the responsibilities, skills, experience, as well as other factors required for the job. An analyst at the NPWC will refer to salary surveys on hand and match the job description with their surveys and come up with a salary that s/he believes is an accurate reflection of the industry. Normally the Occupational Employment Statistics (OES) published by the Bureau of Labor Statistics is used to index the prevailing wage rate prior to submitting the prevailing wage request, but valid wage surveys such as the CUPA-HR and NCAA surveys can also be used to support the case for a particular wage. The employer is required to pay the alien worker the higher of either the prevailing wage or the actual intended wage. If the prevailing wage is determined to be higher than the applicant s current salary, the option exists to increase the applicant s salary to meet the prevailing wage, or to terminate the petition for permanent residency. The salary increase option is not available beyond the normal rate of pay for other KSU employees in comparable positions with similar education and experience. The turnaround time for prevailing wage determinations averages 4 weeks, but may take longer in cases where the NPWC provides an unsatisfactory response. Advertising and Recruitment Evidence of advertising and recruitment are only necessary for categories that require a Labor Certification. The position must be advertised publicly with the GaDOL, the KSU website, in print and on campus no less than 30 days and no more than 180 days prior to filing for Labor Certification. For tenuretrack faculty positions in which an offer was made less than 18 months ago, please see the section below on Optional Special Recruitment. Positions requiring Labor Certification must first undergo a recruiting effort designed to validate that there are no U.S. workers willing, able and qualified available to take the position at the prevailing wage for this area, and that the wages and working conditions are consistent with similar positions occupied by US workers. If the application is for a professional occupation, the employer must conduct the recruitment steps within 6 months of filing the application for alien employment certification. The employer must maintain documentation of the recruitment and be prepared to submit this documentation in the event of an audit or in response to a request from the Certifying Officer prior to rendering a final determination. College and university professors hired under a documented competitive recruitment process are exempted from the Basic Recruitment process but are still required to provide a Recruitment Report which full documents the recruiting process. If the Department of Labor is not satisfied with the Labor Certification, they can (and have) directly supervised recruiting efforts on campus. Basic Recruitment Steps for Professional Occupation 1. HR places a job order with the Georgia Department of Labor that will post the position on the state labor board for 30 days 2. HR places a print ad to run on two different Sundays in the Atlanta Journal Constitution KSU Employment Visa Services Page 22 of 63 Last Update: 03/29/2011

23 NOTE: Steps 1 and 2 are considered mandatory for all professional positions according to 20 CFR and must be executed no less than 30 days and no more than 180 days prior to the filing of the Labor Certification. 3. HR engages in on-campus recruitment by posting the position internally 4. HR posts the position on the KSU Human Resources website as well as an outside job-search website 5. HR posts the position on the Job Board outside of the HR office (Campus Recruitment Office) 6. HR posts Labor Certification Notices on the HR board as well as online for 10 business days 7. Applications are collected in HR and forwarded to the department for review 8. Applicants who do not meet minimum requirements are rejected by the department 9. All applicants who meet minimum requirements are either rejected for lawful reasons or interviewed within 10 days of receipt of application by the department. NOTE: All applicants who are rejected or interviewed and not selected must be rejected for specific, lawful reasons 10. The Department provides the following to Employment Visa Services: a. All applicant s names b. Interviewed applicants contact information c. Specific, lawful reasons for rejections of unsuitable candidates 11. The Department compiles the data into a recruitment report 12. The recruitment report and all applications and/or resumes are provided to the EVS for review by the DOL in case of audit. NOTE: if a minimally qualified U.S. worker is identified, or if the necessary skills could be obtained through on-the-job training, the Labor Certification will likely be denied by the Department of Labor. Optional Special Recruitment for College and University Teachers Optional Special Recruitment can be invoked if KSU can validate that competitive, fair recruitment occurred in the initial recruiting process for classroom based instructional faculty. This option is not available for non-classroom based research or non-faculty positions. To qualify: 1. the position must have been posted, in print, in at least one national professional journal, 2. the applicant must have been identified through a competitive recruitment process, 3. the foreign national must have been found to be more qualified than any of the United States workers who applied for the job, and 4. the labor certification must be filed within 18 months from the date of the job offer letter, not the date of hire. If a Labor Certification application is not filed within 18 months after the selection was made, the employer must complete the Basic Recruitment Steps that are required for professional occupations. KSU Employment Visa Services Page 23 of 63 Last Update: 03/29/2011

24 Please not that it may be more difficult justifying the permanent employment of a foreign national using the Basic Recruitment process. Special Recruitment requires extensive documentation of the recruitment process by the hiring department. Hiring departments will have to provide copies of the print job advertisements, as well as a detailed report regarding the number of total applicants and the specific, lawful reasons why they were not deemed as qualified as the foreign national. Labor Certification Labor certification is not required for all employment-based immigrant categories. The purpose of the Labor Certification is to satisfy the U.S. DOL that there are no U.S. workers ready, willing, or able to take the specific job that has been offered to the applicant. To obtain a labor certification, HR files form ETA online with the US Department of Labor through the PERM system. The PERM process must be completed well in advance of the expiration date of the Prevailing Wage Determination but no earlier than 30 days and no later than 180 days after the posting requirement in step 2 has been completed. HR will provide the applicant with the I-140 checklist to begin assembling the supporting documentation while the Labor Certification is pending. The turnaround time varies greatly for labor certifications and can take up to several years if audited. Once the Labor Certification is filed, HR will receive a notice of acceptance for processing. This date listed on this notice will eventually translate into the foreign national s Priority Date, which indicates the date he/she entered processing for Permanent Residency. The Priority Date is be used to determine when the foreign national will receive a visa number later in the process. All Labor Certifications filed after July 16, 2007 must be filed in support of an I-140 within 180 days or they become invalid and a new Labor Certification must be filed. A hard copy of the Labor Certification will be mailed to KSU HR upon certification and the original must be signed by both a representative from KSU HR and the beneficiary immediately. This original will be submitted as part of the I-140 petition by KSU. Criteria for Labor Certification The offered salary must be equal to or greater than the prevailing wage as determined during the Prevailing Wage Certification process KSU can demonstrate that we are financially viable enough to pay the salary offered KSU can place the applicant on payroll on or before the date of the applicant s proposed entrance into the US No job discrimination occurred during selection for the job The terms of the job are not in conflict with any federal, state or local laws The job opportunity was made available to any and all US workers The US workers who applied and were rejected were rejected for lawful reasons The job opportunity is for full time, regular employment No fee is currently required for Labor Certification. Supporting documents for Labor Certification The Department Chair/Supervisor should supply: 1. Documents justifying any restrictive or unusual job requirements like foreign language skills KSU Employment Visa Services Page 24 of 63 Last Update: 03/29/2011

25 2. Copy of all national/international advertisements of job posting that display the name of publication and dates published, position title, duties and minimum job requirements on each copy 3. Websites, including KSU and USG Applicant Clearinghouse 4. Journals, including Chronicle of Higher Education or professional journals 5. Print ads in the Atlanta Journal Constitution or Marietta Daily Journal 6. Recruitment Report (see Template E) 7. Spreadsheet detailing all applicants and lawful reasons for rejection. Filing of I-140 Visa Petition Once the Labor Certification is approved and prior to its expiration, EVS will submit an I-140 Immigrant Petition for Alien Worker along with all supporting documentation and the fee to USCIS. The Department Chair/Supervisor will complete a Check Request form found on the HR International website. The form should be signed and faxed to HR immediately, at which point EVS will forward the signed approval form along with a copy of the first page of the form being filed to Accounts Payable to request the check. The check will be delivered directly to EVS. This process does not require AGS. Once the I-140 is mailed, a notice of receipt is usually received in the mail within two weeks. It can take USCIS between 4-8 months to adjudicate an I-140 petition, depending on the EB category and the availability of visa numbers for the foreign national s country of origin. The progress of the I-140 petition can be tracked on the USCIS website. Requests for Evidence (RFEs) can significantly slow the process as well. If the visa status is current, as determined by the most recent Department of State Visa Bulletin, the applicant can file both the I-140 and I-485 petitions concurrently. Filing an Application to Adjust Status (Form I-485) Once the I-140 is approved and a visa number becomes available, the applicant can submit the I-485 packet to the USCIS if he/she was unable to file concurrently. There are additional forms and fees associated with the I-485 packet for which the applicant will be responsible. These include requests for employment authorization and travel documents. These additional forms are not always necessary for applicants who are already in an approved H-1B status. They are, however, necessary for employees whose H-1B status will expire while the I-485 is pending or whose dependents wish to gain employment authorization. KSU generally does not assist the applicant in filling out the forms, but we are more than happy to review the application and supporting documents with the applicant to ensure completeness. Please call or the Employment Visa Specialist to schedule a meeting. IMPORTANT: The I-140 approval does not by itself change the applicant s legal status. It is imperative that the applicant maintain current non-immigrant visa status until they are granted Permanent Residency. There are special laws in place that allow for extensions of H-1B status beyond the 6 year limit where the employee is in the permanent residency process. Once USCIS approves the I-485, a Permanent Residency Card ( green card ) will be mailed to the applicant. It is imperative that the employee contact the EVS once they have received the permanent residency card so that their immigration file can be properly closed and their I-9 Employment Authorization revalidated. KSU Employment Visa Services Page 25 of 63 Last Update: 03/29/2011

26 Templates Template A: Guidelines for Letters of Reference for Outstanding Scholars (O-1 visas) When filing for Outstanding Scholar status, applicants should supply four to five letters from senior people in the field attesting to the applicant s significant contributions to and international reputation in the field. We recommend a variety of letters from people outside KSU and outside the U.S. and from senior people in US government and industry. Basic contents of the letter should include: the position of the writer of the letter in the field (include a copy of the writer's CV); how the writer knows of the alien's work; how the alien's work has made significant or outstanding contributions to the field; references to the alien's extraordinary reputation such as evidenced by presentations at national or international conferences, publications in national or international juried journals, memberships in selective associations or societies; receipts of prizes or awards; references or descriptions as to how the alien may benefit the U.S. in the future; a statement which refers to the alien as an "extraordinary professor in the field of " or as an "extraordinary researcher or director in the field of." The letters should include the author s name, title and work address. KSU Employment Visa Services Page 26 of 63 Last Update: 03/29/2011

27 Template B: H-1B Request to Initiate Template (on department stationary) [todays date] Employment Visa Services Human Resources MB 3504 RE: H-1B petition for beneficiary employee_name To Whom It May Concern: This letter is written to formally request that Kennesaw State University initiate an H-1B visa petition for Mr./Ms. employee_name. He/She will be working as job_title in department at Kennesaw State University. The period requested for the H-1B petition should begin on H-1B_begin_date. The Department acknowledges responsibility for the cost of the employer fee for the H-1B petition of $ Additionally, the Department acknowledges responsibility for the USCIS Fraud Detection and Prevention Fee of $ for all first-time petitions, and if so desired, the USCIS Premium Processing Fee of $1, in exchange for an expedited processing time. The Department understands that: the position must meet the USCIS definition of a specialty occupation an offer of employment must be tendered by Human Resources or Academic Affairs and accepted by the beneficiary prior to starting the petition the Department is responsible for the cost of return transportation abroad if the beneficiary is terminated from employment while the petition is in effect any significant change in the beneficiary s duties and/or responsibilities may require an amended H-1B petition be filed immediately the initial H-1B petition period is for three years and can be extended for a maximum of six years at the most no Department or Beneficiary is authorized to contract with outside counsel to file, process or handle any part of the H-1B petition as a representative of KSU the beneficiary must be able to demonstrate the necessary education, certification and/or experience will be responsible for maintaining status by complying with the terms of employment must not have any pre-existing bar to H-1B employment can personally obtain legal counsel at their own cost to provide them advice on their petition Sincerely, Name, Title Enclosures: Job Offer Letter Letter of Support Recruitment Efforts Overview KSU Employment Visa Services Page 27 of 63 Last Update: 03/29/2011

28 Template C: Export Controls Certification Export Control Certification for H-1B, H-1B1, or O-1A Nonimmigrant Visa Petitions Filed on Form I-129 Petition for Nonimmigrant Workers Prospective H1-B/O-1 Employee Name: Starting: Citizenship: Position: Summary of Duties: U.S. Citizenship and Immigration Services (USCIS) has changed its form I-129, adding a section that requires review and certification relative to export controlled technology or technical data released to a prospective employee on an H-1B, H-1B1 (Chile & Singapore), L-1, or O-1A nonimmigrant visa. As the new section certifies whether the prospective employee will or will not potentially require a license from the U.S. Department of Commerce or the U.S. Department of State, completing the form means that basic export control issues must be assessed by those who will supervise the prospective employee. It is now mandatory that you review the export control information provided on the International Employment Services website before answering the below questions in advance of preparing the visa petition. Per form I-129 requirements, a certification must be made as to whether or not a license is required from U.S. Department of Commerce or U.S. Department of State. Your answers below will help determine whether or not an export license may be needed for the prospective employee. 1. Is the potential employee from Iran, Cuba, North Korea, Syria, Iraq or Sudan? Yes No 2. Will the potential employee s duties support the design, development, production, stockpiling, detection, or use of nuclear explosive devices, chemical or biological weapons, or missiles? Yes No 3. Will the potential employee have access to encryption source/object code? Yes No 4. Will the potential employee s project be subject to the ITAR (includes equipment/tech data)? To check: Yes No 5. Will the potential employee use a KSU owned GPS outside of the U.S.? Yes No Will the potential employee be involved in a project that has a Technology Control Plan in place? Will the potential employee s project be subject to the EAR Commerce Control List? To check: Yes No Yes No 8. Will the applicant be involved in a project that: Yes No KSU Employment Visa Services Page 28 of 63 Last Update: 03/29/2011

29 Is fundamental research that will predictably lead to publication in the open research literature? Has any publication access and/or dissemination restrictions? Has a specific military purpose? Requires foreign national approval by sponsor (or stipulates that no foreign nationals allowed)? Yes No Yes No Yes No Yes No If you answered no to all of the above questions, a license is not required and no further review is required. However, if you are unsure or have additional questions, please [email protected] If you answered yes to any of the above questions, further review by Legal Affairs is needed before Form I-129 can be completed by International Visa Services. Please [email protected] Form I-129 states: Pursuant to 28 USC 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Your signature below certifies that the information you provided above is true and correct and that if a license is required, you will not give the prospective employee any export controlled technical data/ technology until the proper authorization is received. Without the below signatures, form I-129 cannot be processed and filed by the university. I have reviewed the above information: Name/Signature of Department Chair/Director Date KSU Employment Visa Services Page 29 of 63 Last Update: 03/29/2011

30 Template D: H-1B Letter of Support ON DEPARTMENT STATIONARY ** Please send a draft of the support letter before submitting a final copy ** Wednesday, May 11, 2011 Department of Homeland Security USCIS California Service Center ATTN: CAP EXEMPT H-1B Processing Unit Avila Road, Room 2312 Laguna Niguel, CA RE: H-1B petition for [employee_name] Dear Sir/Madam: I am writing this letter in support of Kennesaw State University s (KSU) petition for H-1B nonimmigrant status for [Employee Name] in the specialty occupation of [Job Title] [at/in] KSU s [Department]. The Petitioner Kennesaw State University is a non-profit comprehensive state university and is the third largest institution in the University System of Georgia with an enrollment of over 23,000 students. The Department of [dept_name] [provide background on department]. [FOR FACULTY ONLY: The Department has a history of distinguished teaching and scholarship and is committed to making faculty appointments which will maintain those high standards and thus provide the best possible education for KSU students. ] The Position The specialty occupation of [Job Title] requires a theoretical and practical application of specialized knowledge gained through the completion of, at minimum, a [Minimum Degree for position] and [##] years of work experience. As a [position title], the beneficiary will be involved in [description of teaching, research] at Kennesaw State University. [Give detailed outline of job duties] The Beneficiary [employee], a citizen of [home country] is an exceptional candidate for this professional position. He/she obtained a [PhD., Master, etc.] s degree with an emphasis on [area of study] from [institution] in [country, state where institution located]. [Description of additional education, experience, giving visa status during any periods of employment, e.g. OPT] [outline employee s unique qualifications for the job; should match job requirements listed above; include education, work experience and accomplishments, etc.] Based on [employee] s professional experience, we wish to employ him/her for a temporary period of 3 years as [position title], for which he/she will receive an annual salary rate of $[annual salary rate] for a [40, 20, etc.] hour work week. KSU Employment Visa Services Page 30 of 63 Last Update: 03/29/2011

31 Terms of Employment Assuming our petition is approved, Kennesaw State University fully intends to comply with the regulations regarding H-1B status. To the extent that Kennesaw State University determines that the foreign national employee will need access to controlled technical date for which a specific export license is require, KSU will comply with all applicable laws and licensing requirements. KSU also agrees to abide by the conditions of the certified Labor Conditions Application, included with this petition. In the event that [employee_name] is dismissed prior to the end of the projected period of employment, KSU is acknowledges responsibility for the reasonable cost of his return transportation abroad. Thank you for your consideration and attention to this matter. Sincerely, [your_name] [your_title] [your_dept] KSU Employment Visa Services Page 31 of 63 Last Update: 03/29/2011

32 Template E: Faculty Recruitment Reports PLEASE NOTE: Pursuant to federal law, you must also submit a detailed report with the specific lawful job-related reasons why the foreign worker is more qualified than EACH U.S. worker (U.S. citizen or legal permanent resident) who applied for the job. This information should be provided in addition to the below indicated documentation. Date OVERVIEW OF RECRUITMENT PROCESS FACULTY PERSONNEL To Whom It May Concern: The search that led to the hiring of (Applicant s Name) was initiated in (date). A Search Committee was appointed in April 20XX by the chair, Department of XYZ, for the hiring of an assistant professor to perform teaching and research in XYZ. (Describe the job. Explain the business necessity of any unusually restrictive requirements that appeared in the advertising.) The members of the search committee included: An advertisement for the position (Title) was listed in (Magazine/Newspaper Titles, Date) and on the Kennesaw State University human resources website. In addition, the position was listed with the University System of Georgia Clearinghouse (Date). (list all places where advertised, giving name and date of publication). Be specific about the competitive recruitment conducted. From these listings, we received (number) applications. Of these applicants, (number) candidates were reviewed (where, when). State the total number of applications received. If there were a large number of applications, describe how the field was narrowed to the finalists. Note that Department of Labor requires that all candidates' resumes be retained for five years.) (EXAMPLE: The Search Committee met twice to discuss and screen applications in light of the job criteria as outlined in the published advertisement, and the quality of the applicants' writing samples was studied critically. Most of the candidates rejected at this stage were conducting research on topics already covered by other faculty in the department, or were rejected because their letters of intent did not give us a clear sense of their ability to teach courses of the sophistication necessary at a major research university. Some of the applicants were not really specialists in esoterics, but generalists. Also, committee members consulted with each other and colleagues in the esoterics community who might have had knowledge of the applicants.) On the basis of their applications, the list was narrowed to a "short list" comprising X individuals whom the Committee considered best qualified for this position and whose combination of research interests, teaching experience, and writing ability best matched the needs of our department. We brought (number) candidates to the Kennesaw State University campus for more in-depth interviews. (Be specific on what the in-depth interview contained sample seminars, meeting with students, etc) All final candidates were screened with regard to past accomplishments and potential for future scholarship and teaching. Following are the ### finalists who were deemed unacceptable for the position: 1. Don t give candidate names but rather some details and the lawful reasons why they were not chosen. Example: Candidate A teaches at UCLA and was denied tenure there at the time of KSU Employment Visa Services Page 32 of 63 Last Update: 03/29/2011

33 our interview. Candidate B decided for personal reasons to withdraw her application after our on-campus interview. (Applicant s Name) was selected on (Date) because of her/his exceptional academic preparation and potential for research. Specifically, (outline applicant s academic achievements, what is the highest degree attained, where, when; scientific/research papers written, published, where and when). In addition, (any other relevant information describing applicant s academic and professional background and how they matched the position requirements). (Please provided very detailed information re: qualifications) We are very excited to have Dr. XYZ join our faculty. In our estimation he/she is clearly the best qualified of all of the applicants for the position and we expect he/she will contribute substantially to meeting present departmental needs and to developing our departmental curriculum. We extended employment offers to (number) candidates, one of whom was (Applicant s name), who accepted the offer of employment effective (Date). Sincerely, Name, Title Enclosures: Copies of all Job Advertisements Position Announcement posted on KSU Website Position Announcement listed with the University System of Georgia Clearinghouse KSU Offer Letter KSU Employment Visa Services Page 33 of 63 Last Update: 03/29/2011

34 Template F: Actual Wage Determination ACTUAL WAGE DETERMINATION (FACULTY ONLY) Department of Homeland Security and Department of Labor regulations require KSU to document that all H-1B employees will be paid the higher of the prevailing wage (as determined by the Department of Labor) or the actual wage for his/her position. A prospective H-1B employee is considered to be receiving the actual wage if his/her salary falls within the range of wages currently paid to comparable employees in the same department. Per federal regulations, KSU must maintain a publicly-accessible record of the actual wage or formal method used to determine faculty salaries on campus with each Labor Condition Application (LCA) we submit. Therefore, your department will be required to complete this form for each H-1B employee it hires. H-1B Employee s Name: Department: Position Title: Lecturer of Assistant Professor of Associate Professor of Professor of Other (please explain) Salary Offered: $ Please check if this employee is the only one in this type of position in the department. Please check which of the following factors were considered when determining salary: Education Previous Work Experience License/certifications Level or responsibility/supervision Other (please explain): Skills/specialized knowledge In order to document the actual wage, please list all individuals in the department with the same position title (both non-immigrants and U.S. citizens). Please attach additional pages if necessary. As this form KSU Employment Visa Services Page 34 of 63 Last Update: 03/29/2011

35 must be made available for public inspection upon request, do not include other employee s names on the form. Please identify them by their KSU ID. When citing salary differentials, the following criteria may be used to show why another employee is being paid a higher wage than the prospective H-1B employee: Employee has more relevant work experience than prospective H-1B Employee has more responsibility in the department Employee has produced significant publications Employee has higher/more relevant educational credentials or possesses specialized skills or training Employee does not work the same number of hours The following criteria may NOT be used to indicate why another employee is being paid at a higher wage than the H-1B. Employee has different area of research Employee demanded more salary Insufficient, uncertain, or change of departmental funding Employee ID Current Salary Explanation for Higher Salary Salary range of individuals in the department with same job title and similar qualifications as applicant: from $ to $ per year. KSU Employment Visa Services Page 35 of 63 Last Update: 03/29/2011

36 I hereby certify that the salary information provided in this form is correct to the best of my knowledge, and the salary offered to the listed H-1B worker reflects the wage level paid to all other individuals with similar experience and qualifications working in this department. I further certify that, in accordance with federal law, the H-1B worker will be paid the higher of the actual wage, as determined here, or the prevailing wage, as determined by the Department of Labor. Signature of Department Chair/Dean Date Printed Name Title KSU Employment Visa Services Page 36 of 63 Last Update: 03/29/2011

37 Template G: I-140 Letter of Support EB 2 The Letter of Support is provided on departmental letterhead by the departmental supervisor for the purpose of documenting the applicant s education and experience as it relates to the position for which a petition is being filed. The letter of support should indicate that the applicant s skill-set meets or exceeds the job requirements as advertised. Wednesday, May 11, 2011 USCIS Attn: AOS 2501 S. State highway 121 Business Suite 400 Lewisville, TX RE: Second Preference Employment-Based Permanent Residency Petition - Advanced Degree Professional Petitioner: Kennesaw State University Beneficiary: Dr. John Doe. Attn Service Officer: This letter is written in support of Kennesaw State University s I-140 petition on behalf of Dr. John Doe. Dr. Doe is currently in his first year in a full-time, tenure track position as an Associate Professor of Computer Science at KSU. This position involves [describe job duties]. Dr. Doe holds a Ph.D. in Computer Science from Louisiana State University at Lafayette. He has approximately 2 years of experience in academia. Prior to coming to KSU, he held positions at the University of Louisiana, Lafayette and the Philips Company. Dr. Doe is a competent scholar and researcher and has applied for two patents as a result of his work on biomedical information retrieval. Dr. Doe was selected from other candidates to the fill the position here at KSU because of his academic credentials and successful work as a researcher at ULF. His expertise in large-scale database systems, data mining and pattern recognition are highly valued in both commercial and academic environments. Dr. Doe has already made significant contributions at KSU, including design and delivery of a new graduate level course in computer science and the funding of a grant proposal to research pattern recognition applications for a manufacturer of refrigeration systems. In summary, Dr. Doe is an excellent and outstanding research scientist who works tirelessly for the department and his students. I consider him an asset to the department and the College of Science and Mathematics as well as a great ambassador for KSU. Dr. Doe is making satisfactory progress toward tenure and promotion. His contract will be renewed indefinitely provided he continues to perform his duties as required. Sincerely, KSU Employment Visa Services Page 37 of 63 Last Update: 03/29/2011

38 [Signature] Dr. William Zoom Department Head Department of X Kennesaw State University KSU Employment Visa Services Page 38 of 63 Last Update: 03/29/2011

39 Template H: Letter in Support of Outstanding Professors and Scholars The samples are provided only with the purposes of serving as guidance on how to draft a letter of support. These are not templates. When drafting the letter, it is of utmost importance to highlight the impact and relevance of the research work of the scholar in the field. While it is critical to explain the scholar s work in an area that is of relevance to science, this will not be sufficient. The letters should focus on explaining what has made the scholar s research so significant to the point that has raised the scholar to be outstanding as compared to his/her colleagues in the field. The letter should include not only the importance of the research per se but what has made the contributions of the scholar internationally outstanding in the particular filed of expertise. Sample #1: (to be submitted on KSU letterhead) Wednesday, May 11, 2011 USCIS Attn: AOS 2501 S. State highway 121 Business Suite 400 Lewisville, TX RE: First Preference Employment-Based Permanent Residency Petition Outstanding Professor/Scholar Petitioner: Kennesaw State University Beneficiary: Dr. John Doe. Attn Service Officer: Enclosed are the I-140 petition and supporting documentation for the Permanent Residency petition for Dr. John Doe. Dr. Doe is an internationally known professor, with outstanding ability, in the field of X. The Petitioner Kennesaw State University (KSU), the third-largest university in the University System of Georgia, is a comprehensive university with expanding undergraduate and graduate programs in Kennesaw, Georgia, a suburb of Atlanta. Nearly 20,000 commuter and residential students, including more than 1,700 from 136 countries, pursue their undergraduate and graduate studies at Kennesaw State. The student body is a mix of traditional and nontraditional students with an average age of 26. Approximately 20 percent of students are members of ethnic minorities. Founded in 1963, Kennesaw State University's dedication to fostering excellence in public service brought it recognition from the American Association of State Colleges and Universities as one of the nation's top publicly engaged universities in its study "Stepping Forward as Stewards of Place." In addition, the American Council on Education selected KSU as one of eight institutions in the country for a study called "Global Learning for All," which will focus on good practices in promoting international student success. The university is committing itself to expanding the global experience of students, faculty and staff through its Quality Enhancement Plan, known as the "Get Global" initiative. The QEP is KSU Employment Visa Services Page 39 of 63 Last Update: 03/29/2011

40 part of KSU's continuing efforts to reaffirm its accreditation for the next 10 years with the Southern Association's Commission on Colleges (SACS). [Include a paragraph indicating department specific accomplishments.] Position Requiring Person of Outstanding Ability Kennesaw State University, Bagwell College of Education, Department of X, is offering the position of Associate Professor to Dr. Doe, an internationally known and respected professor in the field of X, who will bring extraordinary skills and scholarship to this position. Kennesaw State University has every intention of employing Dr. Doe for a term of indefinite duration in which he will have an expectation of continued employment unless there is good cause for termination. This is a tenure track (permanent, continuing, continuing eligible, tenured) position, and the university has every intention of employing Dr. Doe permanently. In this permanent position, he will maintain an active scholarship program and will participate fully and with distinction teaching both undergraduate and graduate education, serving as a strong role model for our students. [Include a paragraph or two detailing the job duties more specifically.] Outstanding Ability of Beneficiary Dr. Doe, a citizen of (country), received his undergraduate training and beginning research in X at The University of , (country), on (date), From there, he proceeded to obtain his advanced degrees MS. and Ph.D. in X from The University of During those years he served as a research assistant and associate. Following the completion of his Ph.D. in (month, year), he moved on to serve as visiting research associate in the Department of Education. Upon completion of that experience in 1984 he returned to his home country to apply his knowledge and skills at his alma mater, where he remained until As outlined in his enclosed curriculum vitae, Dr. Doe has been awarded for his excellence in research from his undergraduate days in T------, to his graduate studies in S----- and beyond. Continuing to expand his research base internationally, he was awarded the Fellowship in 19 by the European Community for a year of sabbatical work in the Department of Education at the University of , in the UK. In 19 he returned to the US for a period as a visiting scholar. One of the key indicators of Dr. Doe s extraordinary contributions in the field of Education came when he was awarded the Award in 19 by the internationally known This award, which was in the Field of, is one of the highest honors bestowed upon a Latin American technological researcher. International respect of Dr. Doe s professional opinion can be seen in several letters related to the review of others work in various international professional journals. Throughout the last few years Dr. Doe has been extraordinarily prolific in his research writing, having 52 articles published in international, peer-reviewed journals and books, as well as 53 articles included in conference proceedings, and 7 more works submitted for publication. In addition, he has made 53 presentations throughout the world and has submitted 5 more works for presentation internationally. Based on the foregoing, we submit that Dr. Doe is an alien of extraordinary ability in the field of Education, with a level of knowledge and skill that is possessed by very few individuals. We respectfully request your kind consideration and favorable adjudication of our First Employment-Based Preference petition on behalf of Dr. Doe. Kennesaw State University will compensate Dr. Doe at the rate of $ per annum. If you have any questions, feel free to contact me at 770.xxx.xxxx. KSU Employment Visa Services Page 40 of 63 Last Update: 03/29/2011

41 Sincerely, [Signature] Dr. William Zoom Department Head Department of X Kennesaw State University Sample #2 Wednesday, May 11, 2011 USCIS Texas Service Center 4141 North St. Augustine Road Dallas, TX Attn Service Officer RE: First Preference Employment-Based Permanent Residency Petition by Kennesaw State University on behalf of Dr. John Doe as an Outstanding Researcher. It is a pleasure to write this letter in support of Dr. application for the employment based priority worker EB-1 under the category of Outstanding Professor and Researcher. I strongly believe that his/her contributions to the field of are outstanding. I am a Professor of with more than years of experience (elaborate on qualifications). My teaching and research interests focus on with emphasis on. I am also (Editor, Chair, Director ). This puts me in a good position to evaluate Dr. academic and scientific contributions. I have known Dr. since when (elaborate). Dr. bright scientific capabilities are obvious. He/she has made outstanding contributions to the field of. His/her unique work on is outstanding because it touches upon critical issues while developing a unique and novel framework (elaborate). As a result, Dr. theory on has been published in prestigious international journals and has highly impacted our field of research. Moreover, his/her theories on has increased the understanding of and helped in the development and identification of which has shed novel light on the applicability of the classical formula on As a result, impact and benefit to our field is patent. In particular, his/her research in (elaborate). Dr. has continuously distinguished him/herself for his/her scholarly work. This is evidenced by his/her publication record. Dr. is the author of BOOK and has published peer-reviewed articles in scholarly journals of international circulation. In addition to been a frequent guest speaker at international scholarly conferences, he/she has been awarded competitive grants from federal KSU Employment Visa Services Page 41 of 63 Last Update: 03/29/2011

42 agencies totaling $ as principal investigator, grants totaling $ as co- principal investigator and grants totaling $ as collaborator. Dr. has been recognized for his/her many outstanding contributions by the induction into Honor Society in. Dr. is a Fellow of the. He/she has also received the AWARD of from. In addition Dr. won the for his/her research/teaching work. In conclusion, Dr. is an outstanding recognized international scientist that has made significant contributions to his/her area of research. The United States academic community and our community at large will profit greatly by scientists of the stature of Dr. and I strongly recommend that he/she be granted permanent residency in the United States. KSU Employment Visa Services Page 42 of 63 Last Update: 03/29/2011

43 Template I: I-485 Employment Verification Letter Used to document current employment with the I-485 petition. This letter is separate from the Letter of Support provided with the I-140 petition. Wednesday, May 11, 2011 USCIS Attn: AOS 2501 S. State highway 121 Business Suite 400 Lewisville, TX RE: Employment Verification for Dr. Robert Burns Attn Service Officer: This letter is to confirm that Dr. Robert Burns is currently employed full-time as an Assistant Professor in the Department of English at Kennesaw State University. Dr. Burns annual salary for academic year is $47,500. His employment will be on an ongoing basis pending approval of his permanent residency. His original date of hire was 08/14/2006. He currently performs the duties of composing anthems to Haggis, conducting scholarly research in English Romantic Poetry, classroom teaching and service to the community of Kennesaw State University. About KSU Founded in 1963, Kennesaw State University (KSU) is a comprehensive university with expanding undergraduate and graduate programs, located in Kennesaw, Georgia, a northwest suburb of Atlanta. Kennesaw s enrollment of 23,000 students makes it the third largest institution in the University System of Georgia. Kennesaw has a staff of over 1,800 regular employees including faculty and staff. Please feel free to contact me with any questions. Best regards, Name Title, Department Kennesaw State University 1000 Chastain Rd. Kennesaw, GA KSU Employment Visa Services Page 43 of 63 Last Update: 03/29/2011

44 Template J: NOTIFICATION OF TERMINATION and/or RESIGNATION Name of Employee: (Last Name) (First) (Middle) Department: Contact Person: / (Name) (Phone #) Present KSU Status: *H-1B *O-1 TN PR Date of Termination: Did the employee resign? **Yes No **If yes, attach a copy of the resignation letter, and any other relevant documents. Reason(s) for Termination: *PLEASE NOTE: If an H-1B or O-1 worker voluntarily terminates his/her employment, KSU is not liable for the cost of return transportation abroad. However, if the employer terminates the H-1B or O-1 worker prior to the end of the petition validity period, for any reason, the department is required to pay reasonable costs of return transportation to the H-1B or O-1 worker s last place of residence abroad. Supervisor/Manager: - OR (Name) (Signature) (Date) Department Chair: For HR Office Use Only Notification sent to USCIS (Name) (Signature) (Date) on: Comments: - KSU Employment Visa Services Page 44 of 63 Last Update: 03/29/2011 HR Representative: (Name) (Signature) (Date)

45 GLOSSARY OF TERMS Advance Parole Affidavit of Support (AOS) Alien Applicant (Visa) Approval Notice Arrival-Departure Card Asylee Beneficiary Permission to return to the United States after travel abroad granted by DHS prior to leaving the U.S. The following categories of people may need advance parole: people on a K-1 visa, asylum applicants, parolees, people with Temporary Protected Status (TPS) and some people trying to adjust status, while in the U.S. If these people do not apply for advance parole before they leave the United States, they may be unable to return. (Also see Form I-131) A document promising that the person who completes it will support an applicant financially in the United States. Family and certain employment immigration cases require the I-864 Affidavit of Support, which is legally binding. All other cases use the I-134 Affidavit of Support Any person not a citizen or national of the United States. A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa. The visa applicant may also be referred as a beneficiary for petition based visas. See Notice of Action Also known as Form I-94, Arrival-Departure Record. The Department of Homeland Security, Customs and Border Protection official at the port-of-entry gives foreign visitors (all non-u.s. citizens) an Arrival-Departure Record, (a small white card) when they enter the United States. Recorded on this card is the immigrant classification and the authorized period of stay in the U.S. This is either recorded as a date or the entry of D/S, meaning duration of status. It is important to keep this card safe because it shows the length of time you are permitted and authorized by the Department of Homeland Security to stay in the U.S. It is best kept stapled with your passport, kept in a safe place. The visitors return the I-94 card when they leave the country. The I-94W, Nonimmigrant Visa Waiver Arrival-Departure Record (green card) is for travelers on the Visa Waiver Program. An alien in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States. An applicant for a visa as named in a petition from the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). KSU Employment Visa Services Page 45 of 63 Last Update: 03/29/2011

46 Biometrics Case Number Change Status Current / non-current Cut-off Date Department of Homeland Security (DHS) Biologically unique information used to identify individuals. This information can be used to verify identity or check against other entries in the database. The best known biometric is the fingerprint, but others include facial recognition and iris scans. The National Visa Center (NVC) gives each immigrant petition a case number. This number has three letters followed by ten digits (numbers). The three letters are an abbreviation for the overseas embassy or consulate that will process the immigrant visa case (for example, GUZ for Guangzhou, CDJ for Ciudad Juarez). Changing from one nonimmigrant visa status to another nonimmigrant visa status while a person is in the U.S. is permitted for some types of visas, if approved by USCIS. Requests for change of status must be made by the visa holder to the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS). There are numerical limits on the number of immigrant visas that can be granted to aliens from any one foreign country. The limit is based on place of birth, not citizenship. Because of the numerical limits, this means there is a waiting time before the immigrant visa can be granted. The terms current/non-current refer to the priority date of a petition in preference immigrant visa cases in relationship to the immigrant cut-off date. If your priority date is before than the cut-off date according to the monthly Visa Bulletin, your case is current. This means your immigrant visa case can now be processed. However, if your priority date is later/comes after the cut-off date, you will need to wait longer, until your priority date is reached (becomes current). The date that determines whether a preference immigrant visa applicant can be scheduled for an immigrant visa interview in any given month. The cut-off date is the priority date of the first applicant who could not get a visa interview for a given month. Applicants with a priority date earlier than the cut-off date can be scheduled. However, if your priority date is on or later than the cutoff date, you will need to wait longer, until your priority date is reached (becomes current). DHS is comprised of three main organizations responsible for immigration policies, procedures, implementation and enforcement of U.S. laws, and more. These DHS organizations include United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE). Together they provide the basic governmental framework for regulating the flow of visitors, workers and immigrants to the United States. KSU Employment Visa Services Page 46 of 63 Last Update: 03/29/2011

47 Department of Labor (DOL) Derivative Status Diversity Visa Program (DV) Duration of Status (D/S) Employment Authorization Document (EAD) A cabinet level unit/ministry of United States Government that has responsibility for labor issues. It has responsibility for deciding whether certain foreign workers can work in the United States. Hiring foreign workers for employment in the U.S. normally requires approval from several government agencies. First, employers must seek labor certification through the U.S. Department of Labor (DOL). Once the application is certified (approved), the employer must petition the U.S. Citizenship and Immigration Services (USCIS) for approval of the petition before applying for a visa. Getting a status (visa) through another applicant, as provided under immigration law for certain visa categories. For example, the spouse and children of an exchange visitor (J Visa holder), would be granted derivative status as a J-2 Visa holder. Derivative status is only possible if the principal applicant is issued a visa. The Department of State has an annual lottery for immigration to the United States. Up to 55,000 immigrants can enter the United States each year from countries with low rates of immigration to the United States. In certain visa categories such as diplomats, students and exchange visitors, the alien may be admitted into the U.S. for as long as the person is still doing the activity for which the visa was issued, rather than being admitted until a specific departure dates. This is called admission for duration of status. For students, the time during which a student is in a full course of study plus any authorized practical training, and following that, authorized time to depart the country, is duration of status. The length of time depends upon the course of study. Duration of Status (or D/S) is recorded on Form I- 94, Arrival-Departure Record. The Department of Homeland Security U.S immigration inspector at port-of-entry gives foreign visitors (all non-u.s citizens) an Arrival-Departure Record, (a small white card) when they enter the United States. Recorded on this card is the visa classification and the authorized period of stay in the U.S. This is either recorded as a date or the entry or D/S, meaning duration of status. Employment Authorization Document proves eligibility to work in the United States (also known as Form I-766). KSU Employment Visa Services Page 47 of 63 Last Update: 03/29/2011

48 Employment-Based Permanent Residence FIRST EB-1 Priority Workers (40,000 visas per year) Aliens of extraordinary ability in the sciences, arts, education, business, or athletics Outstanding professors or researchers Certain managers and executives transferred to the United States to work for their foreign employer or a U.S. affiliate or subsidiary firm. SECOND EB-2 Advanced degree Professionals and Aliens of Exceptional Ability (40,000 visas per year) Aliens of exceptional ability in the sciences, arts, or business. Members of the professions, if they hold an advanced degree (or the equivalent). THIRD EB-3 Skilled Workers, Professionals and other Workers (40,000 visas per year) Professionals with bachelor s degrees (not qualifying for a higher preference category) Skilled workers (minimum two years training and experience) Unskilled workers (maximum 10,000 visas available per year, of which 5,000 have been dedicated to adjustees under the Nicaraguan Adjustment and Central American Relief Act (NACARA). FOURTH EB-4 Special Immigrants Religious Workers (10,000 visas per year) Exchange Visitor FNIS FIFTH EB-5 Immigrant Investors (10,000 visas per year) An alien coming temporarily to the United States as a participant in a program approved by the Secretary of State for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, or receiving training J1 visa holder. Foreign National Information System is a nonresident alien taxation software solution from Windstar Technologies, Inc that is interfaced with International Tax Navigator to analyze and determines US tax residency status. KSU Employment Visa Services Page 48 of 63 Last Update: 03/29/2011

49 G-325A Green Card I-94 See Arrival-Departure Card. Biographic Information Form, submitted with the Petition to Adjust Status, Form I-485 Permanent residence card or alien registration receipt card (also known as I-551 ) I-129 Petition for a Nonimmigrant Worker. Employers may use this form to petition for an alien to come to the U.S. temporarily to perform services or labor, or to receive training, as an H-1B, H-1C, H-2A, H- 2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, or Q-1 nonimmigrant worker. Employers may also use this form to request an extension of stay or change of status for an alien as an E-1, E-2, R-1 or TN nonimmigrant. I-131 Application for Travel Document; used to apply for a Travel Document, reentry permit, refugee travel document or advance parole. I-140 Immigrant Petition for Alien Worker; used to petition for an alien worker to become a permanent resident in the United States. This form is filed on behalf of an alien, and not by the alien. I-485 Application To Register Permanent Residence or Adjust Status. I-539 Request to Change/Extend Immigrant Status; used to request a change of status for F-1 students; or to request a change of status for dependents of H-1B immigrants. I-551 See Green Card. I-765 Application for Employment Authorization. I-797 See Notice of Action. I-907 Request for Premium Processing Service; used to request faster processing of certain employment-based petitions and applications. The Form I-129, Petition for a Nonimmigrant Worker and Form I- 140, Immigrant Petition for Alien Worker have been designated for Premium Processing Service. Immigrant Visa In Status A visa for a person who plans to live indefinitely and permanently in the United States. Major immigrant categories are: Immediate Relatives; Special Immigrants; Family-sponsored; Employersponsored. Every visa is issued for a particular purpose and for a specific class of visitor. Each visa classification has a set of requirements that the visa holder must follow and maintain. Those who follow the requirements maintain their status and ensure their ability to remain in the United States. Those who do not follow the requirements violate their status and are considered out of status. KSU Employment Visa Services Page 49 of 63 Last Update: 03/29/2011

50 Initial Evidence Labor Certification Application (PERM) Labor Condition Application (LCA) Lawful Permanent Resident (LPR) NAFTA Naturalization NOID Nonimmigrant Nonimmigrant Visa Notice of Action Basic, required documentation associated with a particular petition; missing or incomplete initial evidence must be submitted within 30 days of notice of RFE; USCIS can also deny a case outright for lack of initial evidence. Application for Permanent Employment Certification, ETA Form The initial stage of the process by which certain foreign workers get permission to work in the United States. The employer is responsible for getting the labor certification from the Department of Labor. In general the process works to make sure that the work of foreign workers in the U.S. will not adversely affect job opportunities, wages and working conditions of U.S. workers. Labor condition application (LCA) for nonimmigrant workers, Form ETA 9035E, filed by employer electronically through the Department of Labor s LCA Online System. See Permanent Resident North American Free-Trade Agreement. A citizen who acquires nationality of a country after birth. That is, the person did not become a citizen by birth, but by a legal procedure. Notice of Intent to Deny An alien who seeks temporary entry to the United States for a specific purpose. The nonimmigrant classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiance(e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children. A U.S. visa allows the bearer, a foreign citizen, to apply to enter the United States temporarily for a specific purpose. Nonimmigrant visas are primarily classified according to the principal purpose of travel. With few exceptions, while in the U.S., nonimmigrants are restricted to the activity or reason for which their visa was issued. Examples of persons who may receive nonimmigrant visas are tourists, student, diplomats and temporary workers. A Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) immigration form, Notice of Action, Form I-797 that says that USCIS has received a petition you submitted, taken action, approved a petition or denied a petition. KSU Employment Visa Services Page 50 of 63 Last Update: 03/29/2011

51 Out of Status Overstay Permanent Resident Port of Entry Prevailing wage Priority Date Receipt Notice Re-entry Permit Refugee When admitted an alien is given a Form I-94 (Arrival/Departure Record), which tells when he/she must leave the U.S. The date granted on the I-94 card at the airport governs how long an alien may stay in the U.S. If a visitor does not follow the requirements, stays longer than that date, or engages in activities not permitted for that particular type of visa, he/she violates his/her status and is considered to be "out of status". An Overstay occurs when a visitor stays longer than permitted as shown on his/her Arrival/Departure (I-94) card. Any person not a citizen of the United States who is residing in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien", "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder." Place (often an airport) where a person requests admission to the U.S. by the Department of Homeland Security, Customs and Border Protection officer. Prior to filing ETA Form 9089, the employer must request a prevailing wage determination from the State Workforce Agency (SWA) having jurisdiction over the proposed area of intended employment. The employer is required to include on the ETA Form 9089 the SWA provided information: the prevailing wage, the prevailing wage tracking number (if applicable), the SOC/O*NET (OES) code, the occupation title, the skill level, the wage source, the determination date, and the expiration date. The priority date decides a person's turn to apply for an immigrant visa. In family immigration the priority date is the date when the petition was filed at a Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services office or submitted to an Embassy or Consulate abroad. In employment immigration the priority date may be the date the labor certification application was received by the Department of Labor (DOL). See Notice of Action. A travel document that the Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services issues to lawful permanent residents (LPRs) who want to stay outside of the U.S. for more than one year and less than two years. A person who has a well-founded fear of persecution if he/she should return to his/her home country. He/she applies to come to the United States in another country and enters the United States as a refugee. KSU Employment Visa Services Page 51 of 63 Last Update: 03/29/2011

52 Request for Further Evidence (RFE) Schedule "A" Occupations Special Immigrant Sponsor State Workforce Agency (SWA) Temporary Worker USCIS Visa Visa Expiration Date Submitted by the USCIS to request clarifying evidence; when submitted in response to an I-539 request time limit is 30 days; otherwise response time for evidence coming from within the US is 42 days, and outside the US is 84 days. The Department of Labor (DOL) has given the DHS, U.S. Citizenship and Immigration Services authority to approve labor certifications for these occupations. These occupations are physical therapists, professional nurses and people of exceptional ability in the sciences or arts. A special category of immigrant visas for persons who lost their citizenship by marriage; persons who lost citizenship by serving in foreign armed forces; certain foreign medical school graduates; Panama Canal immigrants; and certain others. 1) A person who fills out and submits an immigration visa petition. Another name for sponsor is petitioner, OR 2) a person who completes an affidavit of support (I-864) for an immigrant visa applicant. The agency or bureau in each State that deals with employment and labor issues. For the address of workforce agency in each State go to the U.S. Department of Labor, Foreign Labor Certification site. A foreign worker who will work in the United States for a limited period of time. Some visas classes for temporary workers are H, L, O, P, Q and R. United States Citizenship and Immigration Services A citizen of a foreign country, wishing to enter the U.S., generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The visa expiration date is shown on the visa. This means the visa is valid, or can be used from the date it is issued until the date it expires, for travel for the same purpose, when the visa is issued for multiple entries. This time period from the visa issuance date to visa expiration date as shown on the visa, is called visa validity. The visa validity is the length of time you are permitted to travel to a port-ofentry in the United States to request permission of the U.S. immigration inspector to permit you to enter the U.S. The visa does not guarantee entry to the U.S. The Expiration Date for the visa should not be confused with the authorized length of your stay in the U.S., given to you by the U.S. immigration inspector at port-ofentry, on the Arrival-Departure Record, Form I-94, or I-94W for the Visa Waiver Program. The visa expiration date has nothing to do with the authorized length of your stay in the U.S. for any given visit. KSU Employment Visa Services Page 52 of 63 Last Update: 03/29/2011

53 Visa Numbers Visa Waiver Program Work Permit Congress establishes the amount of immigration each year. Immigration for immediate relatives is unlimited; however, preference categories are limited. To distribute the visas fairly among all categories of immigration, the Visa Office in the Department of State distributes the visas by providing visa numbers according to preference and priority date. Citizens of participating countries meeting the Visa Waiver Program requirements to may be allowed to enter the United States as visitors for pleasure or business without first getting a visa. Visitors can stay only 90 days and can not extend their stay. See EAD KSU Employment Visa Services Page 53 of 63 Last Update: 03/29/2011

54 CHECKLISTS PETITION FOR A NONIMMIGRANT WORKER (Form I-129) Documentation Checklist The I-129 petition for H-1B status must include documentation that supports the nature of the position as a specialty occupation and that proves the applicant meets the criteria for the position. Additionally applicants should be able to document how much time has been spent in the US in previous nonimmigrant statuses that may impact the eligibility for the current H-1B application and the length of stay under H-1B status. Completed and signed the Request to Initiate H1B form. Completed H1B Job Description for PW determination form. Completed and signed Export Controls Attestation Letter of support detailing applicant s degree and qualifications with emphasis on specialty nature of occupation (see template) KSU Offer Letter and/or Contract Recruitment Efforts Overview (see template for Faculty Personnel). Completed and approved Check Request form. If requesting Premium Processing, include the following: KSU check request for $1,225 (Premium processing will be funded out of KSU Departmental funds on a case by case basis; if there is not a clearly identified need for expediting usually the department will not fund) APPLICANT S CHECKLIST H1B Applicant s Information Sheet Certification of Copies Diploma indicating required degree Transcripts supporting diploma Credential Evaluation if non-us institution Letters of support from current/previous employers documenting experience required for position (necessary only if job description indicates a combination of education and experience, or if the applicant does not have the minimum education, but has the balance of experience to make up for it; letters should validate the required years of experience) Current CV/resume KSU Employment Visa Services Page 54 of 63 Last Update: 03/29/2011

55 Documentation of non-immigrant history Current I-94 Current passport ID page Passport Visa page(s) All stamped passport pages documenting US stays Any other applicable documentation of current and prior US status (DS-2019, I- 797, I-20, I-94) Translations of all non-english documents, certified If your passport is no longer valid, include the following: Letter of explanation If this is your first H1B visa petition, or you are petitioning as a result of a change in employer, include the following: KSU check for $500 for Fraud Prevention Fee If dependents will be included on petition and both the applicant and dependents are already in the US, include the following for each dependent: Form I-539 (I-539 is only required if the dependents are already in the US and need to request a renewal or change of status; not necessary for dependents who are arriving with the applicant from outside the US) Personal check or money order for $290, regardless of number of dependents Copy of I-129 being submitted above Documentation validating relationship to H1B applicant; marriage license, birth certification or adoption documentation Current passport ID page HR CHECKLIST Prevailing Wage Request Approved Labor Condition Application: ETA-9035A Form I-129 Form I-907 (if premium processing requested) KSU Employment Visa Services Page 55 of 63 Last Update: 03/29/2011

56 KSU check for $325 and $500 (if applicable) Copy of most recent KSU Financial Report that is used to document that KSU is exempt from Filing Fee due to status as an institution of higher education Cover letter with supporting document inventory from HR KSU Employment Visa Services Page 56 of 63 Last Update: 03/29/2011

57 IMMIGRANT PETITION FOR ALIEN WORKER (Form I-140) Documentation Checklist The documentation provided with the I-140 petition should validate that the position s requirements are appropriate for the classification requested, and that the beneficiary of the petition meets or exceeds those requirements. Additional evidence is included to validate that the applicant has consistently been in status in the US and has maintained current passport and ID. Letters of support are provided that help to support the validity of the beneficiary s claim of being the best candidate for the position. Cover letter with supporting document inventory from HR I-140 form KSU check for $580 (Check Request Form) Certification of Copies Original signed approved ETA-9089 (Labor Certification) Diploma indicating required degree Transcripts supporting diploma Credential Evaluation if non-us institution Letter of support from current department head detailing applicant s degree and qualifications Letters of support from current/previous employers documenting experience required for position KSU Offer Letter Current CV/resume Federal tax return from most recent tax year Paystubs from last three months Current I-94, copied Current passport ID page, copied All stamped passport pages documenting US stays, copied All documentation approving current and prior US status (DS-2019, I-797, I-20, etc), copied Marriage certificate, if spouse included on petition Birth certificate for applicant and all dependents included on petition Translations of all non-english documents, certified KSU Employment Visa Services Page 57 of 63 Last Update: 03/29/2011

58 Outstanding Scholar, EB-1 Category specific items: EB-1 Outstanding Professor or Scholar petitions must be accompanied by: Letters from current/former employers documenting at least three years of teaching/research experience in your field (Letters should make specific reference to tasks/duties/experiences that contributed significantly to experience in field and the amount of time spent; consecutively they should reveal a total of three years experience) And evidence of at least two of the following to establish that the individual is internationally recognized: Evidence of receipt of major prizes or awards for outstanding achievement in the academic field Evidence of membership in associations in the academic field which require outstanding achievements for membership Published material in professional publications written by others about the scholar s work in the academic field (Citations are not acceptable) Evidence of participation, either individually or on a panel, as the judge of the work of others in same or allied academic field Evidence of original scientific or scholarly research contributions to the academic field Evidence of authorship of scholarly books or articles in scholarly journals with international circulation in the academic field (Citations not acceptable, but only first page of article documenting authorship is necessary) Extraordinary Ability, EB-1 Category specific items: Evidence of a one-time achievement (in the status of a Nobel Prize for example), OR at least three of the following: Evidence of receipt of several lesser nationally or internationally recognized prizes or awards for excellence in the field Evidence of membership in associations in the field which require outstanding achievements of their members, as judged by recognized national or international experts Evidence of published material in professional or major trade publications or major media relating to field Evidence of participation, either individually or on a panel, as a judge of the work of others in the same or an allied field Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field KSU Employment Visa Services Page 58 of 63 Last Update: 03/29/2011

59 Evidence of authorship of scholarly articles in the field, in professional or other major trade publications or other major media Evidence of the display of work in the field at artistic exhibitions or showcases Evidence of a high salary or other significantly high remuneration for services in relation to others in the field Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales Advanced Degree, EB-2 Category specific items: Official record of a degree from a college, university or other learning institution related to the field in which the alien claims exceptional ability; or An official record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employers showing that the alien has at leave five years of progressive post-baccalaureate experience in the specialty. KSU Employment Visa Services Page 59 of 63 Last Update: 03/29/2011

60 PETITION TO ADJUST STATUS (Form I-485) Documentation Checklist The applicant files for a petition to adjust status after the employer s employment based permanent residency petition (I-140) has been approved, and a visa number has become available per the Department of State s Visa Bulletin. In cases where numbers have become available, the employer s visa petition and the request for status adjustment can be filed together (concurrent filing). The following information is provided as an aide to applicants, but does not represent advice surpassing that of a qualified immigration attorney. Applicants can, and frequently do, consult with a qualified immigration attorney to insure that all documents provided are relevant to the petition. KSU makes no claim to providing legal advice contained in this document. Forms should be grouped together by applicant, then each dependent. If filing concurrently, the packet will be shipped with the I-140 packet by HR. Otherwise, the applicant can submit the I- 485 independently after receiving notice of approval of the I-140 petition from the USCIS. All employment based adjustment of status applications are currently filed with the Texas Service Center. Form I-485 for applicant and each dependent, signed Personal check or money order for $985 for applicant, $985 for each dependent older than 14 years, $635 for each dependent under 14. In addition, a biometrics fee of $85 must also be included for each applicant and dependent. Form G-325A Biographic Information for applicant and each dependent between ages of 14 and 79 Form I-693, Report of Medical Examination, completed by a designated Civil Surgeon and in a sealed envelope, for applicant and each dependent (Find a Civil Surgeon in your area at ) Employment verification letter from Human Resources on KSU letterhead 2 Passport photos for applicant and each dependent; name and A# on back in pencil so that it does not go through Translations of all non-english documents, certified Current I-94 for applicant and all dependents or other proof of current status Current passport ID page for applicant and each dependent Current visa page from passport, if applicable Evidence of relationship to primary applicant for dependents, including marriage license, birth certificate, adoption decree, etc. Evidence of legal termination of all previous marriages for applicant and spouse if spouse applying as a dependent Birth certificate for applicant and any dependents; marriage certificate for spouse KSU Employment Visa Services Page 60 of 63 Last Update: 03/29/2011

61 Cover letter including inventory of documents provided Certification of Copies If not filing concurrently with I-140 also include I-797 Approval Notice indicating approval of I-140 petition KSU Employment Visa Services Page 61 of 63 Last Update: 03/29/2011

62 APPLICATION FOR EMPLOYMENT AUTHORIZATION (Form I-765) Documentation Checklist Applicants who also have valid H1B immigration status may want to consider maintaining H1B status while their change of status petition is pending, which would preclude the need to request either an Employment Authorization Document or Advance Parole. Employment Authorization Document is necessary if the applicant s current non-immigrant status is set to expire, or if the applicant uses Advance Parole to travel out of and re-enter the US while the I-485 is still pending. It is also useful for dependents who wish to work while the application is still pending. If your EAD expires prior to approval of your Adjustment of Status, you will need to apply for an extension prior to the expiration. Turnaround time is typically 2-4 months. Cover letter documenting request for 24 months, or maximum allowable period Form I-765 for each individual requesting an EAD (enter c(9) in item #16) Current I-94 indicating current status Copy of last Employment Authorization Document (if you have one) 2 Passport photos; Name and A# on back in pencil If you have already filed the I-485 include these additional items: I-797 Receipt Notice for I-485 If you have previously applied for and received an Employment Authorization Card include these additional items: Copy of all previous Employment Authorization Cards Copy of previous I-797 Notice of Approval for EAD KSU Employment Visa Services Page 62 of 63 Last Update: 03/29/2011

63 APPLICATION FOR ADVANCE PAROLE (Form I-131) Documentation Checklist Advance Parole is required to travel while the I-485 is pending, unless the applicant is currently in status as an H-1B. Advance Parole is useful if the applicant s current H-1B status will expire. Advance Parole can be filed concurrently with the I-485 petition, or it can be filed in advance of a planned trip on an as-needed basis. Each family member must apply for Advance Parole separately. Once you travel outside and re-enter the US using Advance Parole, you are no longer considered to be maintaining your former status (H1B for example), so you must also obtain an Employment Authorization Document to continue working when you return. The following checklist should be compiled for the applicant and each dependent included on the petition and applies to applicants who are already within the US who are applying in conjunction with an Adjustment of Status request. Please file for renewal of Advance Parole a minimum of 120 days prior to expiration of the current document. Form I-131 for each individual requesting Advance Parole Copy of passport identity page Current I-94 2 Passport photos; Name and A# on back in pencil If you have already filed the I-485 also include: I-797 Receipt Notice for I-485 KSU Employment Visa Services Page 63 of 63 Last Update: 03/29/2011