H-1B Application Checklist (submit as cover page)

Transcription

1 H-1B Application Checklist (submit as cover page) From OSU Hiring School or College Submit Export Control Certification OSU must certify that a license is or is not required from the U.S. Department of Commerce or the U.S. Department of State in order to disclose certain export controlled commodities, software, or technology to the prospective employee, due to a new section in form I-129 issued by U.S. Citizenship and Immigration Services (USCIS). The Department must submit the online form to The Office of Sponsored Programs as part of the H-1B application. Select the link above. New users should enter their OSU address, you will then be prompted to complete the registration process. Select New Request and Hiring a non-u.s. person (I-129) Complete the entire questionnaire and Submit The request will be reviewed by the Office of Sponsored Program, ISFS will receive an once clearance is received Position Description Signed Acknowledgements page of H-1B Application (page 4) $750 ISFS processing fee (paid by hiring School or College index) $325 DHS processing fee (paid by hiring School or College check made payable to the Department of Homeland Security, OSU vendor # ) $500 DHS H-1B Fraud Prevention (paid by hiring School or College check made payable to the Department of Homeland Security, OSU vendor # ) This fee must be paid by a separate check from the $325 application fee. OPTIONAL $1,225 DHS Premium Processing (paid by hiring School or College check made payable to the Department of Homeland Security (OSU vendor # ) This fee must be paid by a separate check from the $325 application fee and the $500 Fraud Prevention fee. From Prospective H-1B Employee (Please: no staples or double sided copies) Curriculum vitae Copy of diploma, clearly stating degree & field of study If diploma is in a foreign language AND states field of study: Certification of Translation If diploma is in a foreign language and does NOT state field of study: Foreign Credentials Evaluation If diploma is from a U.S. Institute of Higher Education and does NOT state the field of study: copies of official transcripts showing field of study 1

2 From Prospective H-1B Employee, Continued If no degree at time of filing, include: official (non-web-based) transcripts from the degree program official letter from academic advisor stating that all degree requirements have been met but degree has yet to be conferred. Note: if the candidate is All But Degree, OSU must wait to submit the I-129 petition to USCIS until the degree requirements have been completed, however we will begin working on the petition now, as there are many time-consuming steps to complete. Copy of passport identity page showing expiration date (must be valid for at least 6 months into the duration of the H-1B status) If currently in the United States include: copy of most recent US visa stamp copy of most recent I-94 (front & back) copy of status documents for current and past visa status If applicable, include: Permanent Residency (if a PR application has ever been filed on your behalf) I-797, Notice of Approval for I-140 or I-130 I-797, Notice of Receipt for I-485 Adjustment of Status Application H-1B or H-4 All I-797s, Notice of Approval or Extension of H-1B or H-4 for current and/or previous H status J-1 or J-2 All DS-2019s issued since initial J-1 status and for ALL previous J-1 programs Copies of ALL J visa stamps issued in current AND expired passports If subject to the two-year home residency requirement, a copy of the Dept. of State recommendation of waiver of the two-year home residency requirement or USCIS I-797 approval of waiver If on Academic Training, a copy of the authorization letter from the J-1 Responsible Officer F-1 or F-2 Copies of all I-20 forms (front and back) If on OPT, copy of Employment Authorization Document (EAD) If dependents are currently in the US, include the following: I-539 for dependents who are in the US in another status and must change to H-4 status (H-1B dependent). Please fill out the form following the I-539 Instructions sheet DHS I-539 fee of $290 (made payable to the Department of Homeland Security) Immigration Documents for all family members included on the I-539 Proof of Relationship to H-1B applicant This H-1B application is complete and accurate to the best of my knowledge. I understand that processing of this H-1B request cannot begin until all documentation is received. Department Representative s Signature Printed Name Date 2

3 OSU EMPLOYER (SCHOOL OR DEPARTMENT) School Name OSU Campus Address H-1B Employee s Worksite Address (if different than on-campus) Personnel Contact Sponsor/Supervisor Address City County Zip Code Name phone number Name phone number Home Organization Code (six digit number) Duration of H-1B Work Authorization is a maximum of six years of status per employee. After spending one calendar year outside the US, an individual may be eligible for another six years of H-1B status. United States Citizenship and Immigration Services (USCIS) grants H-1B status in a maximum of three year increments. Time spent in H-1B status at another employer deducts from an individual s six years of eligibility. Sponsoring an individual for H-1B status is not the same as a contract of employment. If an H-1B employee is dismissed before the end date of the H-1B, the hiring School or College shall pay for the reasonable costs of return transportation home for the international employee. Note: an H-1B extension is subject to current ISFS and USCIS processing fees. These fees are the sole responsibility of the hiring School or College. From what dates does the hiring School or College wish to sponsor the employee for H-1B status? H-1B start date: Salary Rate: H-1B end date: FTE: 9 month appointment 12 month appointment H-1B Eligibility: The H-1B is a specialty occupation visa category for hiring international faculty or staff whose position requires the minimum of a bachelor s degree and who will perform work in a specialized skill area. The prospective employee must a) be eligible for H-1B non-immigrant status (i.e. not subject to the two-year-home-residency requirement from a prior J-1 program, nor have used all 6 years of H eligibility) and b) possess " highly specialized knowledge and attain[ed] a bachelor's or higher degree in the specific specialty" of the position. Salary: The hiring school or college must pay employee the higher of either a) the wage for similarly employed workers at OSU or b) the wage for similarly employed workers in the State of Oregon throughout the entire duration of employment. 3

4 Employment Restrictions: The terms of employment in H-1B status are very specific; H-1B work authorization is approved by USCIS for an employee working for a particular School or College at a certain salary with the duties listed on the Position Description submitted to ISFS for the duration requested on the H-1B petition. Changes in conditions of employment may NOT take effect before first being reviewed by ISFS and, in some cases, an amended petition being submitted to USCIS. This restriction includes changes in position duties, rate of pay, sponsoring School or College within OSU. If a change in the research or employment of an H-1B employee is anticipated, the department must notify ISFS prior to the change in employment. Travel H-1B applicants currently in the US may not travel abroad and return to the US while the H-1B change of status petition is pending, or the change of status petition will be voided by USCIS. Extensions The hiring school or department will be responsible to submit applications to ISFS for extensions of H-1B status on behalf of the H-1B employee in a timely manner. Departure The sponsoring School or College and the H-1B employee are responsible for notifying notify ISFS of the employee s departure (i.e. end of employment) from OSU. If the H-1B employee s file is not properly closed with USCIS, it could lead to complications for the H-1B employee s future employment in the US. Premium Processing Once ISFS receives the completed H-1B application, the processing time to secure work authorization can take up to 4-6 months. Schools wishing to expedite this process may choose to use Premium Processing by paying $1,225 to the Department of Homeland Security (DHS), which shortens the entire processing time to approximately 2 months. Use Premium Processing? Yes No Index for shipping charges PREVAILING WAGE DETERMINATION: While ISFS uses the same data that U.S. Department of Labor (DOL) uses to make its wage determinations, Schools and Colleges need to be aware that this comes with some risk. If DOL were to conduct a wage investigation and determine that the H-1B employee was not being paid the prevailing wage, the hiring School or College would be liable for paying back wages (i.e. the difference between the wages actually paid and what DOL determines to be the prevailing wage for that position). If you are unwilling to assume this risk, contact ISFS directly and ask that we submit a prevailing wage determination request to be issued by DOL. It takes 60 days or more to receive a response from DOL, which may result in a delay in getting H-1B work authorization for the employee. Acknowledgements I hereby certify that I have read the H-1B information contained in this application, understand the limitations of H-1B status listed, and agree to fulfill all requirements of an H-1B employer. Supervisor/ Sponsoring Professor s signature Date I hereby certify that (School or College) supports this request to sponsor this H-1B employee. School Head/Chair s Signature Date School Head/Chair s Printed Name 4

5 H-1B APPLICANT Full Name Address Family Name Given Name Middle Name Street Address Apartment/Unit # City State/Country ZIP Code Address Date of Birth (e.g. 11 May 1971) Social Security Number (if any) Country of Permanent Residence Alien Number (if any) Country of Birth Province of Birth Country of Citizenship EDUCATION PhD Master s M.A. M.S. Bachelor s B.A. or B.S. Field Field Field University University University Country Country Country Graduation Date Graduation Date Graduation Date CURRENT VISA STATUS (IF ANY) Are you currently in the US? Yes No If you are in the US, what is your current visa status? When does your status expire? If you are NOT in the US, at which consulate will you apply for your H-1B visa? Consulate Country 5

6 TRAVEL PLANS Do you plan to travel outside the U.S. in the next six months? Yes No If yes, when do you plan to travel? VISA STATUS HISTORY Have you ever been in H-1B or H-4 status? Yes No Have you ever been denied H status? Yes No Has a petition for Permanent Residence ever been filed on your behalf? Yes No Have you ever been in J-1 or J-2 status? Yes No If yes, were you subject to the Two Year Home Residence Requirement or 212(e)? Yes No If yes, have you fulfilled the 212(e)? Yes No If yes, how did you fulfill the 212(e)? Waiver Home Residency You may be required to provide proof of fulfilling the home residence requirement at the US Consulate or to USCIS. REQUIRED DOCUMENTS (Please: no staples or double sided copies) Curriculum vitae Copy of diploma, clearly stating degree & field of study If diploma is in a foreign language AND states field of study: Certification of Translation If diploma is in a foreign language and does NOT state field of study: Foreign Credentials Evaluation If diploma is from a U.S. Institute of Higher Education and does NOT state the field of study: copies of official transcripts showing field of study If no degree at time of filing, include: official (non-web-based) transcripts from the degree program official letter from academic advisor stating that all degree requirements have been met but degree has yet to be conferred. Note: if the candidate is All But Degree, OSU must wait to submit the I-129 petition to USCIS until the degree requirements have been completed, however we will begin working on the petition now, as there are many time-consuming steps to complete. 6

7 REQUIRED DOCUMENTS (CONTINUED) Copy of passport identity page showing expiration date (must be valid for at least 6 months into the duration of the H-1B status) If currently in the United States include: copy of most recent US visa stamp copy of most recent I-94 (front & back) copy of status documents for current and past visa status : If applicable, include: Permanent Residency (if a PR application has ever been filed on your behalf) I-797, Notice of Approval for I-140 or I-130 I-797, Notice of Receipt for I-485 Adjustment of Status Application H-1B or H-4 All I-797s, Notice of Approval or Extension of H-1B or H-4 for current and/or previous H status J-1 or J-2 All DS-2019s issued since initial J-1 status and for ALL previous J-1 programs Copies of ALL J visa stamps issued in current AND expired passports If subject to the two-year home residency requirement, a copy of the Dept. of State recommendation of waiver of the two-year home residency requirement or USCIS I-797 approval of waiver If on Academic Training, a copy of the authorization letter from the J-1 Responsible Officer F-1 or F-2 Copies of all I-20 forms (front and back) If on OPT, copy of Employment Authorization Document (EAD) DEPENDENTS Will dependents accompany you to OSU? Yes No If dependents will accompany you to OSU, will they require H-4 status? Yes No If your dependents are in the US with you now, include the following: I-539 for dependents who are in the US in another status and must change to H-4 status (H-1B dependent). Please fill out the form following the I-539 Instructions sheet DHS I-539 fee of $290 (made payable to the Department of Homeland Security) Immigration Documents for all family members included on the I-539 Proof of Relationship to H-1B applicant 7