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UAF H-1B Policy:
UNIVERSITY
OF ALASKA FAIRBANKS - PETITION
FOR NONIMMIGRANT STATUS FOR TEMPORARY
WORKER
The University of Alaska Fairbanks
, in exceptional cases, will petition
the U.S. Citizenship and Immigration
Service (USCIS) for visa category
H-1B.
The H-1B is a nonimmigrant
status held by a foreign national
performing services in a “specialty
occupation.” A specialty
occupation requires the theoretical
and practical application of a
body of highly specialized knowledge
to fully perform the occupation,
and the attainment of a bachelor’s
or higher degree in the specific
specialty as a minimum for entry
into the occupation in the U.S.
H-1B status can appropriately
be used by academic and research
departments for visiting faculty
and researchers.
The petition
to USCIS represents a firm commitment
by the employing department to
fully fund the beneficiary for
the entire period of time requested.
USCIS will hold the employer liable
for the H-1B worker’s
return transportation costs if
the worker is dismissed from employment
before the end of the period of
authorized stay.
The University
of Alaska Fairbanks will restrict
this process to faculty and researchers
in positions requiring the PhD
or terminal degree in the field,
and to information technology
specialists supporting academic
computing and networking. Requests
for exceptions to this policy
must be submitted to the Provost
prior to the processing of the
H-1B request. Additionally, only
individuals appointed to full-time
positions will be considered for
the H-1B status. All UA and UAF
policies and regulations regarding
recruitment must be followed.
As such, direct appointments will
not be eligible for the H-1B status
without specific, written authorization
from the UAF HR Director.
Requests
for H-1B will be processed through
the Office of International Programs
(OIP).
Susan Henrichs
Provost
Date: 6/11/2008
H-1B
Application Process:
In the H-1B process, the University
is the applicant and the proposed
employee is the beneficiary.
UAF Policy restricts the request
of H1B to faculty and researchers
in positions requiring the PhD
or terminal degree, and to information
technology specialists supporting
academic computing and networking.
If you are requesting a position
that does not meet these requirements,
please write a memo to the Provost
requesting an exception to the
policy including the rationale
for employing a non-citizen in
a staff or APT position. Include
the individual’s vita with
your request. If the Provost approves
your request, forward the approval
with the documents in Section
A below.
- Under federal regulations, the minimum
requirements for an H-1B, Specialty
Occupation visa are:
1) 20
CFR 655.715 defines
the specialty occupation
as “an occupation
that requires theoretical and
practical application of a body
of highly specialized knowledge,
and attainment of a bachelor’s
or higher degree (or its equivalent)
in the specific specialty as
a minimum for entry into the
occupation in the United States.” and
2) the
proposed employee must meet
the degree requirements of the
position.
The H-1B category is very limited
in that it is employer
specific (cannot work for another employer
if UAF is the designated employer),
position
specific (if the individual
changes positions or responsibilities
are significantly changed or receives
a significant pay increase, a
new application must be filed),
and location
specific (e.g., cannot
move from Fairbanks to Juneau
as an assistant professor without
filing a new application). H1B
can be co-employed if initially
requested (e.g., G.I and the ARSC
or UAF and UAA)
H1B is an employer’s request
for a temporary employee in a
specialty field. An individual
may not apply for the H1B. The
H1B is limited to 6 years in 3-year
(or less) increments. The time
is cumulative, e.g. two years
with employer A is added to two
years with employer B, which would
leave only two years for an employer
B extension or an employer C.
If your prospective employee has
been in H or L visa category a
cumulative of 6 years in the past
6 years without a 12-month stay
in their home country, they are
not eligible for the H category.
The U.S. Citizenship and Immigration
Service (USCIS) recognizes the “dual
purpose” of the H-1B in
that permanent residency (“green
card”) may be requested
from H-1B status.
NOTE: The
H-1B status does NOT have a grace
period. Employment authorization
ends on the last day of employment
and the individual and related
dependents must leave the U. S.
immediately. the only exception
is a timely filed extension petition
received by the service center
before the authorization end date.
INITIAL
APPLICATIONS:
To request an
H1B visa, complete
the attached UAF
H-1B Authorization Request Form and
return it with
the items listed in Section
A below. Items in Section B
may follow at a later date but
all of the information must
be received in order to complete
the application. The beneficiary
(proposed employee) needs to
complete the personal section.
Specific dates of previous visa
categories are required. If
the individual currently or
at any previous time has held
an “H” or “L” visa
category, copies of those authorizations
must be attached (see Section
B, below). If dependents are
accompanying, see instructions
in Section C.
A. The department (applicant) submits
the following items:
- Link
to Checklist for UAF department
use.
Completed
UAF H-1B
Authorization Request Form
- Provost’s
approval of request if the
position is not faculty
or research faculty position
- Copy of position description
and copy of advertisement
- Copy of UAF Personnel authorization
to hire
- Copy of letter of offer (contract)
with salary and conditions
- Original of the completed Actual
Wage Calculation Form.
If this is a position under
the United Academics contract,
please indicate. If the
salary offered is not at the
lowest entry level salary
of the assigned range or professorial
rank, attach to the Actual
Wage form a full, clear explanation
of the system that was used
to set the actual wage offered
to the prospective employee
(20 CFR 655.731(b) and 20
CFR 655.760(a)). If there
is a significant difference
between the individual and
any of the employees listed,
an explanation of the difference
must be included.
- A letter
from the dean or director
(hiring authority), preferably
not exceeding one-page in
length, addressed to U.S.
Citizenship & Immigration
Service, briefly outlining
your search procedure and
why this applicant is the
best of your finalists (particularly
if any finalist(s) are U.S.
citizen(s) or permanent
resident(s)). If teaching
responsibilities are not
outlined specifically in the
letter of contract (offer),
those responsibilities should
be specifically mentioned in
this letter (course numbers,
frequency, percentage of
responsibility that applicant
has for the course(s)). Einstein
sample letter
- Two checks
from the department for
$320 (filing fee) and $500
(fraud detection), each
made out to U.S. Citizenship
and Immigration Services,
California Service Center;
Attn I-129, PO Box 10129,
Laguna Niguel, CA 92607. The
checks must accompany the application
so the purchase requests must
be clearly marked “DO
NOT MAIL”.
B. Personal information from
the proposed employee (beneficiary):
- Copy of passport (all pages)
and I-94 both sides (if individual
is currently in the U.S. )
- Copy of all I-20s, IAP-66s
or DS-2019s (both sides) if
the individual is currently
or has been in U.S. in F-1 or
J-1 visa category. Copy of any
employment authorization card(s)
(both sides).
- Copy of any H or L authorizations,
including current H-1B if in
U.S. as a temporary employee
with a different employer or
if this is a request for extension
of current UAF employee.
- Copy of current vita/resume
- Certified copy of transcript,
certified translation into English
if not originally in English.
- Copy of diplomas with a certified
translation into English if
not originally in English.
- If the individual has applied
for permanent residency (green
card), include copies of all
immigration form(s) I-797, Notice
of Action, that pertain to the
permanent residency application.
C. Dependents
- If beneficiary and dependents
are not in the U.S.
, when the beneficiary goes
to the U.S. Embassy/Consulate
for the interview, the spouse
and children need to go with
the beneficiary. They must take
documents proving relationship
(marriage certificate, birth
certificates, etc.
- If the beneficiary and dependents
are in the U.S.
and are requesting a change
of visa category or change of
employer, or extension, the
Form I-539, Application to Extend/Change
Nonimmigrant Status, with personal
payment of $300 (a U.S. Postal
Money Order is preferred), must
accompany the UAF application
to USCIS (immigration). The
Form I-539 applicant (first
person named) is the dependent,
not the individual that UAF
is filing the H petition for.
The
form I-539 may be downloaded from
the website: IMMIGRATION
FORMS
Minimum processing time with
USCIS is nine weeks (average time
is 16 weeks/4 months). USCIS also
has a Premium Processing service
(for an additional $1,000 paid
by the employer) and will process
the application in 15 days (does
not guarantee approval). The check
should be made payable to U.S.
Department of Homeland Security
and delivered to International
Programs to be attached to the
petition.
Transfers of H-1B Authorization
to UAF:
For
individuals already in the U.S. and
currently employed in H-1B status,
evidence of current employment
must be provided. This can
include copies of recent pay
stubs (online or hard copy)
and a copy of the prior year
W-2. This information
should be treated as confidential
and may be submitted directly
by the individual to the Office
of International Programs. This
is in addition to the information
needed in Sections A and B above. NOTE: The
H-1B status does NOT have a
grace period. The
prospective H-1B beneficiary
MUST NOT RESIGN from the current
employment until UAF has received
the Notice of Action Receipt
Notice from the immigration
service center.
EXTENSIONS:
Extensions for up to a maximum
of a combined total extension
period of three years may be requested.
USCIS recommends that the extension
requests be filed 60 to 90 days
prior to the current authorization
expiration. If the extension request
is timely filed, the beneficiary
may continue employment while
USCIS adjudicates the extension
request even if the current period
of stay expires. If, for some
reason, the extension request
is denied, the beneficiary must
be terminated from employment
as of the date the OIP receives
the Notice of Action (Form I-797)
from USCIS and notifies the department.
A. The department (applicant)
submits the following items:
- Completed UAF H-1B
Authorization Request
Form
- Copy of current contract
letter with salary and conditions
- Original of the completed
Actual Wage Calculation Form.
If this is a position under
the United Academics contract,
please include that information.
Also indicate comparability
of positions with explanations
for any significant salary differences
with comparable positions.
- A letter from the dean
or director (hiring authority),
preferably not exceeding
one-page in length, addressed
to U.S. Citizenship & Immigration
Service, briefly outlining
your search procedure and
why you wish this individual
to be continued. If teaching
responsibilities are not outlined
specifically in the letter of
contract (offer), those responsibilities
should be specifically mentioned
in this letter (course numbers,
frequency, percentage of responsibility
that applicant has for the course(s)).
- One check from the department
for $320 (filing fee) made
out to U.S. Citizenship
and Immigration Services,
California Service Center;
Attn I-129, PO Box 10129,
Laguna Niguel, CA 92607. The
check must accompany the application
so the purchase request must
be clearly marked “DO
NOT MAIL”. Note: the
$500 fraud detection fee
is not required for extension
requests for current UAF
H-1B employees.
B. Personal information from
the proposed employee (beneficiary):
- Copy of passport (all pages)
if it is has been reissued
- Current I-94 (both sides)
- Copy of current vita/resume
- Certified copy of transcript,
certified translation into English
if not originally in English.
- If the individual has applied
for permanent residency (green
card), include copies of all
immigration form(s) I-797, Notice
of Action, that pertain to the
permanent residency application.
- Copy of prior year W-2 and
most recent 2-4 pay stubs (uaonline
is acceptable).
C. Dependents
- Form I-539, Application to
Extend/Change Nonimmigrant Status,
with personal payment of $300
(a U.S. Postal Money Order is
preferred), must accompany the
UAF application to USCIS (immigration).
The Form I-539 applicant (first
person named) is the dependent,
not the individual (prospective
employee or continuing employee)
for whom UAF is filing the H
petition.
- Copy of passport (all pages)
if it is has been reissued
- Copy of current I-94 (both
sides)
Please contact the International
Advisor if you have questions
or need additional information.
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