We will be turning off the recording for the Q&A session though. With that in mind, we'll go ahead and get started. I'm Janea Simo. I'm the director for Immigration Services here at CGPS. Today, we will be talking about hosting international scholars on h1b status. H1b status is typically our benefited paid employees and staff members. If you were here last week for our J one, that's a little different. We'll go ahead and next slide. So as I was saying, we did have a presentation last week on hosting J one scholars. That category allows us to do for unpaid positions, paid positions. The pay positions we typically see are for post hoc researchers, research associates. They have to be non tenured positions. But we see a lot of them that are coming here from their home country to do their sbbatical or some research project, but it's typically not a long term or benefited position with UD. The h1b, on the other hand, which will go into more details. Today is our benefited staff and especially faculty positions. Other categories that you may come across for international scholars is the student. After an F one student graduates, they are currently eligible for something called OPT, which is optional practical training, which allows them to do 12 months of work authorization in the US in their degree field. If they are in a stem field, that allows them an additional 24 months for a total of three years after graduation. If they're eligible, they will receive something called an EAD card employment authorization document, that will show the dates that they're eligible to work in the US. For students, their immigration record is maintained by the institution where they graduated. If they were a UD student, CGPS continues to maintain their F one status. Now, if they graduated from another institution, during this three year period, that institution is in charge of advising them on their immigration record and maintaining their status. The b1b2, also known as the Tourist or visitor visa. This can be used for business consultations. It's typically used for if someone wants to come here for a conference or another short term event to meet with individuals in their field. This is not really supposed to be used for collaborative research projects or employment in the US outside of a short term honorarium. If you're having a speaker come for a day or two, that might be a good reason to use the visitor visa and receive an honorarium. This shouldn't be used for weeks of remaining in the US, getting a UD card, working on a collaborative research project with an institution. If you have any questions about whether or not someone is eligible for B one, B two tours visa to come here and do research or to interact with B institution, please contact us first. We want to make sure that we remain in compliance and are not putting the foreign nationals status in the US at risk. 01 is aliens of extraordinary ability. This is rarely used at UD. We have maybe a handful. This is typically used in cases where they're not eligible for an h1bj or other categories. It is a difficult status to receive because again, it's extraordinary ability. They really have to be there's several markers that they would have to hit in order to be eligible for that status. TN that used to be called NAFTA under the NAFTA agreement. This allows Canadian and Mexican citizens under specific occupations. There is a list of those occupations, and they can come here to be employed in the US. Typically, for UD, we use the categories of post secondary teacher or scientist. The might be categories that they're eligible for, and that's for Canadian and Mexican citizens. Lastly, the E three is like the TN or the h1b, but it is for Australian citizens. Again, if you have a Canadian Mexican or Australian citizen coming here to do employment, speak to us so we can decide whether or not one of those categories makes more sense for them versus an h1b or J. All right. With that, I will hand this over to Bradford, I believe. Yes. Thank you, Jane a. Good morning, everyone. My name is Bradford Rush. If we've not yet met, I am the Assistant Director of Scholar Services with CGPS. So directly oversee our HMB sponsorship, J one, scholar sponsorship, and so forth. So Moving right along with our presentation. You may be asking yourself, you know, what exactly is HMB status? You know, how do we determine if someone is eligible? So the HMB stat visa, I think is really unique in its approach to employment authorization. So it is for specialty occupations. Now, what specifically that means? Specialty occupation is one which requires theoretical and practical application of a body of specialized knowledge, and also requires a bachelor's or higher degree within the specific specialty. So we have that last line there specifically called out. This is something to keep in mind if you are looking to sponsor someone in h1b status. Is you know, determining whether or not the position is specialty occupation fits within this definition of what that means. Specifically looking at the degree question, something to keep in mind is that as of late, we are seeing a stronger emphasis on the degree requirement being within the specific specialty. And where we see this coming up is sometimes where we have individuals who may have more generalized degrees. You know, for example, perhaps within the context of business administration, It's not to say that these types of degrees could not be considered, but if this is something to discuss with our team and, determine, what we're looking at when you are looking to sponsor someone for h1b status. So looking at the limits on time in h1b status, I think this is a big question that everyone always has. So when we are petitioning for h1b status, with each petition, we can petition for up to three years. Now, that does not mean that the department is required to sponsor for the full three year period, but we could sponsor up to that point. You know, it is not unheard of for us to sponsor, for example, for two years. The big thing to keep in mind, however, is that all of the filing fees which go into petitioning for the h1b status are fixed regardless of the duration of sponsorship. So if you are sponsoring for only two years, the fees that we go into that initial petition are going to be equal to that as the three year petition. So that's something to keep in mind when you are considering, you know, the length of HMB sponsorship you are looking at. Overall, h1b has a maximum duration of six years. And important to consider there is that this is inclusive of previous h1b time. So if we do have someone who's already in h1b status, perhaps with another institution, something to keep in mind is that that time with that current employer is factored into that six years. So something to consider and discuss with our office, because when we're moving from one employer to another, that clock doesn't start over. That said, it also does not include time spent abroad. So there is a vehicle in which we can recapture time, perhaps if they were gone for a significant period of time, doing, for example, field research abroad. There is the potential to reclaim that time and file for a new h1b time. And finally, you know, once an individual has gone back abroad and spent at least one year of residence abroad and, you know, in physical presence, that six year clock starts over. So there is also, you know, that feature that could allow for someone to restart the h1b clock. There is additionally, certain provisions which will allow an h1b employee to extend their HMB status beyond that sixth year. Those provisions are limited specifically to those who have met certain milestones or criteria within the green card process. Okay? We spelled those out here. I would encourage, I believe in the spring, we're going to be hosting a session on legal permanent residency. I think that's a good Another webinar to join. If you have questions about legal permanent residency, we can also meet and discuss those with you. So I don't think we're going to go into too much detail there. But if there's ever any questions about whether an HMB employee could be extended beyond the six year, please contact our office and we will be sure to go over that with you. So looking at the overall h1b sponsorship process and timeline, this is our or the approximate current process and timeline as of now. Okay. Typically, we do ask the departments to initiate the overall process at least eight to nine months before the proposed h1b start date. As you can see as you're moving along here, the h1b process can be a lengthy process. So that is why we ask for at least eight to nine months ahead of time because we want to make sure that we are able to proceed as you wish. So From the beginning, the process starts with that sponsorship request, the new sponsorship request submitted through Terra Data to our office, which we will review to determine whether or not someone's eligible for h1b based on initial information, and we would then approve that. At which point you as the department, would be invited to provide further information about the position, but also the employee would also be invited to share information about themselves, their immigration history, et cetera, all things that would be needed for sponsorship. Now, for those cases that are non CBA staff positions, which could include everything from postdoctoral researchers, research Associates, anything such as this. The University of Delaware does practice something called Safe Harbor. This is where we will seek a prevailing wage determination from the Department of Labor. We are required to have a prevailing wage determination to include in the next step, the labor conditions application. But as an institution, we practice Safe Harbor and request that from the Department of Labor, the prevailing wage determination. As of right now, I would say that process is taking about seven to nine months. And that is subject to change. Unfortunately, there is no vehicle in which to expedite that process. Again, for our non CBA staff positions. Our next step, once we receive that prevailing wage determination back is to file the notice of filing. Current process is to provide the department with a notice of filing, where two copies of that must be posted in two conspicuous locations at the worksite for ten consecutive business days. This is a requirement as a notice to other employees within the same position, the same department that we are filing the labor conditions application. Now, this is the current process. What I will say is, we are actually in the process of updating this step. So effective December 1, we are actually going to transition to an electronic method of providing notice of filing the labor conditions application. This is an option provided by the DOL, and overall, we felt that this is going to expedite and streamline this overall process. So going forward, effective December 1, our office will directly work with HR to post the electronic posting through the UDL Carriers site. This overall, like I said, will streamline things, but also we'll take some of the burden off of the individual department with having to post these notices and so forth. Once the notice has been posted, our next steps then are to actually file the labor conditions application with the Department of Labor. This is required to be certified to include in our h1b petition. Right now that certification process takes, I would say up to two weeks. Okay. Once that is then certified and returned to our office, this is once we can then file the h1b petition. I would say right now, regular processing times, we are seeing about three to five months. Again, that timeline is subject to change. However, with USCIS, there is a vehicle to expedite that process, you know, pay for premium processing, in which the case would be adjudicated within 15 business days. Of course, that does come with a fee, which I believe we will discuss later. In the event that we are filing consular for consular approval. This means that we are still petitioning USCIS, but the overall transition to HMB happens at the consular level abroad, where the employee will apply for an HMB visa, overall, that process can take two or more weeks. Again, this is subject to change and is based on which consulate the individual may be visiting. Assuming that that is approved, they could then enter the US up to ten days prior to the h1b start date, and then upon the h1b start date, the actual employment can begin. Okay. So I mentioned on the previous slide that the overall process begins with the new sponsorship request. This is a process through Teradata, which is our overall portal, which we use to facilitate Visa processing. I is a two step process? This overall you know, getting the case initiated. The first is submitting the new sponsorship request, which we'll look at in a second here. The purpose of this is, again, overall to determine eligibility for h1b status. So, for example, if someone is a J one scholar, subject to two and two E, they may not be eligible for HMB status. Or if the funding is listed as not being UD, again, that would not be something eligible for HMB because, you know, UD is required to pay the salary because they are a employee. So these are some of the factors that we look at when reviewing a case for h1b. We've listed here. And ultimately, this is like a one page document, just looking for some general information. A lot of that information for you when you're compiling that is going to come from the PI from your department, and additionally, some of that information is also going to come from the employee themselves. That's why we ask that you just request their passport, their visa documents, because ultimately that's going to help allow you to answer all those questions on that request. Once we've reviewed this and approved the case to proceed, this is when the case would then move into what's called a pending request. At this point, the employee will be invited to complete their own beneficiary information, so their personal information, their immigration history, employment history, things such as this. But the department is going to provide further clarifying information about the position, you know, location, work sites, the qualifications for the position, the salary, you know, work from home arrangements. And also the actual wage determination, which we have a separate slide to go over there. There's going to be documents that the Department is also going to provide during this step, which are listed on Teradata. The h1b employee, they are also, again, uploading their own information and documents there as well. Under gather information here, we've listed, again, that a lot of this information is going to come from the supervisor, the department. A lot of these items that you might be uploading are based on templates. All of these templates or forms are available directly through Terra Data, and we can show you where that is later during the presentation as well. Okay. And with that, I believe I'm going to pass this over to Judith, if you could introduce yourself. Good morning, everyone. I'm Judith Westervelt. I'm the Scholar Services Associate at CGPS, and I primarily support Department Liaisons and our foreign national employees on the h1b process at UD. So now we're going to talk about the HR classification compensation review, which is required for all classified positions at UD. Exempt from this review are the positions that are governed by the CVA, so your faculty positions, Exempt are also post stock or limited term research positions. This is a four page document that is required and it is to be submitted to classification and compensation for their review and approval. And when completing the document in order to ensure the most accurate classification determination, factors to include would be job title, for example, job duties, the degree required for the position is travel required. Is there a supervisory component to the position? Is employment experience required, what the salary is going to be? Also, if there are any comparable employees in the department doing similar work to that of the foreign national employee, this also must be included in the document as well? Once the document is completed, you should e mail this to HR classification Compensation for their review and approval, and then upload it into the scholar's record in Terra Data for us to review as well. And the purpose of the information that goes to class and CP is we are required to have this information so that we can move forward with the prevailing wage request step in the process for staff positions, which Bradford touched on because we need to be able to have accurate information to complete the prevailing wage request with the Department of Labor for the prevailing wage. As you work through the document, please feel free to contact us if you have any questions or if there's additional clarification in the four page form, and just know that this is required for all staff positions. Again, our faculty members and post doc researchers as well as limited term researchers are exempt from this review. No, sorry, Jud. Was there anything else I think I may have cut you off there? Okay. Thank you, Judith for that. So, uuh, started touching on this a little bit. One of the key components here with the HM Bs to remember is that the offered salary for the employment must meet the required wage for the employment. And when we refer to the required wage, this is the higher of either the actual wage determination or the prevailing wage determination. So the actual wage determination, this is information that you as a department are compiling and providing in that initial HMV request and the HMB actual wage determination document. That document for the positions that require HR class and comp review is included there. F maybe our faculty positions, there's a separate document for that. But this, as Ju said, is looking at comparable employees, their work experience, individual qualifications, education, job function, et cetera, to determine uh, you know, across the board, what the actual wage, you know, determination is. Again, the prevailing wage determination for non CBA positions. This is where we are requesting this directly from the Department of Labor. Four CBA positions that is set forth with the CBA. That is the prevailing wage determination. Okay? If we are filing with the DOL, our office will work with the department to select a selected job code after reviewing the job requirements, qualifications, et cetera. And the Department of Labor will come back to confirm that job code and provide a level 1234, where that wage is. Okay. And again, the higher of those two is the required wage for the position. So something to keep in mind when you are drafting advertisements is, you know, keeping in mind the minimum qualifications for the position, you know, duties, the requirements, preferences, key language, work sites, any of these things because these could potentially impact the prevailing wage determination. That I think we're back to you. So as Bradford mentioned, the actual wage determination is an important step in this process. The table is required for all h1b sponsored positions at the university. The actual wage is the wage paid to other employees with similar experience and qualifications for the same job as the h1b worker. The information that you include on this table provides an explanation to justify the differences in salary, if there are any amongst employees in the department. If there are no employees doing the same job as the h1b worker were sponsoring, then the salary offered would be the actual wage. Some factors used to determine what the actual wage would be, include experience. Highest degree of education, their qualifications, what the job responsibilities are, if there's any specialized knowledge in their particular field. The actual wage determination table should be fully completed because this is the document that we use again, to file the prevailing wage with the Department of Labor, and the actual wage document is also filed in the public access file for the h1b worker. This document is required, as it includes the details showing how we came up with the actual wage, how it was determined in the event that we're audited by the Department of Labor. We have to have justification as to how the salary is being paid to the foreign nationals. Across the board against other employees in the same department. Again, it's really important that we ask you to please include as much detail as possible when comparing the h1b worker to other comparable employees in your department to explain any salary differences amongst those employees in the same position within your department. And again, all of our forms are located in the Teradata portal in the department section. And those are all current. So we ask you to always download the new forms. Don't work from an existing form that maybe you have because these are subject to change. And again, we're always available to provide any clarification or answer any questions you may have as you complete the actual wage determination table, so please feel free to reach out. Thank you, Juda. So moving into the prevailing wage. We provided here kind of an example just so that we can maybe familiarize ourselves with what this overall process looks like. So within this example, we have a department who is looking to hire a director of health services. This position requires a PhD as them, the minimum degree and two years experience. The position also supervises staff and student workers, and the offered salary is 110,000 a year. Now, from our review of the position requirements and the duties of the position, let's say that we determined that education administrators post secondary was the most or pardon me, was the suggested job code. And let's say that we submitted this to the Department of Labor, and they have agreed that education administrators post secondary is the most appropriate job code for the position. Now, looking at this job code, we see at the bottom that the education level is masters. That would indicate that typically a master's degree would be the minimum expected for this type of position. With that and two years of experience required, we can typically assume that that would come in at a level one. For every additional two years, we would expect to move up an additional level. In this case, we have a PHD as the minimum. So we would say for PHD in two years experience for this type of position, we are starting at level two. Okay? However, because this position supervises staff, we would expect that ultimately this would come back or we would expect pardon me, but this would come back at a level three. So we provide as an example, just so you can understand a little bit of how this overall process works. In this case, unfortunately, the prevailing wage likely would come back unfavorable. In which case, we would have a conversation with a department in regards to how they would like to proceed. Ultimately, if we are to proceed, that would require raising the offered salary to at least meet the prevailing wage determination for the employee, but also for the comparable employees listed on the actual wage determination as well. On this slide, we did want to just briefly discuss the labor conditions application. As I said, this is a document that we file with the Department of Labor. This is where we are providing all of the details of the employment once we are ready to proceed, okay? In this attestation, we are confirming that the h1b employee is going to be given the same wages, benefits, everything that is provided to a regular employee that is doing comparable work. And again, we are confirming that the employee is going to be paid at that prevailing wage rate as determined by the DOL or by the CBA in the case of a CBA covered position. One of the final steps in the process after we have filed the LCA with the Department of Labor is the request for the h1b filing fee checks. And these checks can be requested by submitting a non purchase order payment request to procurement services and selecting the supplier as the US Department of Homeland Security. Things to be mindful of when you're submitting your check requests is we do ask that you not send the checks via campus mail to our office, but rather submit a request to procurement asking them to be able to collect the checks on site. To do so, you would put a comment in your requisition form in UD exchange, and you will receive confirmation from procurement that the checks are ready at the time of collection, which would normally be on Thursdays. We do ask that all check requests are consolidated into one requisition per h1b applicant and that you list the name of your h1b employee in that form so that we can track whose checks are being delivered for the filing fees. The filing fees do have to be separate checks. USCIS will not accept one check for several filing fees. So for example, you would need a check for the I 129 form, the anti fraud fee and a separate check for premium processing if that is elected to process the h1b petition. Also, the applicant's name, again, just to emphasize, needs to be on the stub, the check stub as well, sorry, not the pay check, the filing fee check stub as well. And again, procurement services would reach out once those checks are ready to be picked up and you may deliver those at your convenience to our office. Thank you, Judith. So moving right along, now that we have our HMB employee maybe approved and in place in their position, we do want to touch on, you know, some of the department's obligations and responsibilities in continuing their support of the HMB employee. So first and foremost, you know, the department is obligated to notify our office of any proposed changes in the employment immediately. And that is prior to them being made effective, okay? That is because h1b approval is one, employer specific, but it's also position specific. So any changes, such as the offered salary, the hours, you know, new or additional titles, duties, additional work sites. All these factors are items that could, you know, potentially affect some of those items we've submitted with the petition. And that is why we need to be notified of these so that we can review because it may require we actually file an h1b amendment. Which again, is, you know, a whole new filing where we're petitioning for this new employment to, you know, a change of employment to take place. So if an employee were to engage in employment that wasn't approved, technically, that would be considered a violation, which could have some serious impacts or consequences to the foreign national because ultimately they are violating their H&P status. So that is why it is important that we be notified of that. And going through that list of, you know, possible changes. I did not yet mention, but one of the really big, important ones there is when the employment will end, especially when it will end prior to the anticipated HMB start date or end date, that requested end. That's whether this be based on resignation, termination, contract renewal, anything like this. There are steps for our office to follow there as well. We want to make sure that we are providing the according guidance there. Ultimately, that comes down to our requirement to notify USCIS that the employment has ended because h1b status is directly tied to that employment. Okay. So when that employment will end, the h1b status effectively is ending as well, minus any potential race periods that may be available. But again, we're required to notify USIS. Ultimately, when we are notified of this, again, we need to be notified immediately and prior to the effective date. And we're going to review all the facts to help determine what the ultimate basis of the end of employment is so that we can provide that further guidance. Again, This is based on termination, contract renewal, resignation, anything such as this, and there may be some documentation that goes into that as well. Really big, important piece here with the end of employment is when the employer is the one ending the relationship. So this could be whether the department is properly terminating the employee for whatever reason, or maybe the contract just isn't being renewed, or maybe a lack of funding, anything where the employer is the one who is ending the relationship. There is an obligation for the employer to pay or attempt to pay the reasonable costs for return transportation to the employee's last place of foreign residence, okay? This is a really big, important factor in making sure that we have followed a bona fide termination as required by the DOL, when we are the ones ending the employment relationship. We've listed here at the bottom, essentially our five steps that the DOL has indicated, our evidence that a true bona fide termination has occurred. That is providing notice to the employee, making that offer of return transportation, submitting an end of employment form to our office. These are all obligations by the Department, which would then prompt our office to withdraw the labor conditions application and also to request h1b revocation from USCIS. So again, this is why it's important to notify us prior to the effective date of end of employment so that we can guide you through this process if needed. Now, on the previous slide, I had a resignation with a little star next to it. If the employee is the one ending the relationship through resignation, we do still need some of this documentation so that we can request, you know, withdrawal and revocation. But that requirement or obligation for return transportation, pardon me, does not exist because the employee is the one who ended that relationship. So to keep all of this in mind, in the event that we were to be audited, and the Department of Labor were to determine that maybe we have violated some sort of aspect of the labor petitions application or, you know, following a bona fide termination, we've listed here some of the potential Consequences, which could be experienced by the department, you know, the university, et cetera. You know, this could be, you know, the obligation to pay back pay to the HMB employee. It could be some pretty significant civil fines. There could be, you know, department from hosting or sponsoring, you know, future for nationals for employment or really any other administrative actions which are deemed appropriate by the DOL as well. So we want to keep all these things in mind when we are following these procedures. I mentioned briefly earlier the conversation of legal permanent residency. We're not going to spend too much time here because we do offer a separate session on this topic hosted by our retained outside counsel. That would be planned for the spring. But something to keep in mind here, again, is that six year max on h1b time. Potentially, that could play into your conversation of whether you're looking to sponsor LPR. Keeping in mind that we do not sponsor typically non academic staff positions unless an exception can be made to the policy through a waiver process. All of those cases again, are referred to our outside counsel. So that is why they host that separate session that would come up in the spring, but only our office is authorized to sign any documentation related to LPR. So if the employer is looking to sponsor, it would have to go through that, retain outside counsel. For our faculty cases, there is an 818 month deadline to qualify or file the perm application to qualify for special handling labor certification based on the competitive job search you have already completed. So this is something to keep in mind. Those wait times with the DOL have been extending. So when you are looking to hire a faculty member, then you're looking to sponsor them for LPR, please reach out to our office as soon as possible because that deadline is based on the date of offer, not the date of the start date of employment. Okay. That said, our office has implemented some practices to mitigate any delays in those processes, but still please contact your office as soon as you can, so we can get that started as well. Okay. So how are we on time? It looks like we have about 15 minutes. We're going to actually, everyone can still see my screen. Yes. Thank you. We're going to pivot a little bit to actually take a look at Teradata. As I mentioned, this is our system that we use to facilitate m our processes. Once you log in, and actually here. I'm going to show you the log in screen. When you go to O YSS el eDU, you're going to come to this log in screen. You would do log in. And by using this option here for staff, you can actually sign in directly with your cast credentials. I'm actually going to be signing into one of our test profiles, so I'm going to do password log in. Give me just 1 second. About that. So once you do log into the portal, this is what it should look like for you. If you are seeing anything else that doesn't look like this, it's possibly you're being referred to a classic interface. Just let me know and I can walk you through how to get that updated. But once you log into the page, you are going to see this, your dashboard. The first thing to look at is the new sponsorship request up here in the top left corner. This is that kind of initial information one pager, like I mentioned, where you are providing general information about the employee, the proposed start date, the requested visa type, hiring authority. That is referring to the PI or supervisor. Okay. So if if the supervisor would be the chair of the department, that's who would be listed there. Again, general information, the host department. This is where you would select the department that is hosting or or sponsoring the foreign national, and then selecting the appropriate contact name based on that selection there. This is the individual who would receive maybe generated e mails for the sponsorship. And some additional questions, what the position is, are they currently located in the US, et cetera? If someone maybe is a returning employee, maybe they've been here in the past, either for their studies or as a J one. There is a feature here to search for them by their name. So you can search just by their surname and if there's an account that's available, that will pop up and that will actually pre populate some of that information. And so we would encourage you to do back to. All this information, like I said, there is used by our office to determine eligibility. So it really is important that that all be completed there. Once that has gone through and been approved by our office, it's actually then going to be placed under your pending record. This is where you would see it for the time being. We're going to go to our testing profile here. So this is what you would see during that initial phase for an HMB. So as we said, we have a bunch of links up here at the top. This is describing the documents that are required for the case, links to those templates or forms, et cetera available for you as well. Instructions about the fee table and requesting checks as well. So on this first page that you are completing as the department, you are just providing confirmation details about the employment, you know, offered wage, the position description, requirements, title, et cetera. Really important to take a look at this prevailing wage section. I do recognize maybe it's a little bit confusing. We do need this information completed for everyone because a lot of this information is also needed for the labor conditions application. So even though we may not be filing something with the DOL, for a prevailing wage, we need this information such as the work site. Where are they going to be working? Are they going to be working at more than one location? Something for us to know. What is the degree requirement, et cetera. So really do need all of this information completed. Please keep in mind when you are completing this to make sure to hit the save button. If you do not hit that save button, it's not going to save the information. Hing back up to the top. The beneficiary tab, that is information that the employee is going to fill out, but you still have visibility of that. So you'll see here. Again, mostly this is asking for their personal information, immigration history, education history, et cetera. Okay. Then we also have the documents tab here all the way at the end. This is where you are going to upload your documents. You will see here that you can scroll through different categories and select the appropriate item. So let's say we were uploading the HR class and comp review. We would say that typically go under other, you can hit browse, select that item, and we've included instruction up here to help categorize that within the appropriate file type, et cetera. We have recognized that there is a function here to make green check marks to keep track of what's been uploaded, but that's only if you have been made visible to a document. We would advise you if there are sensitive documents to not make those visible to the employee. So if there's ever any questions about something if the employees uploading, feel free to reach out to West and, we can maybe help clarify that. But also, keep in mind, this is an exhaustive list of all the potential documents. That could be related to an HMB case, but it is not always relevant to every HMB case. Okay? So even though you see this big long list of documents, that doesn't mean every single one of these is needed, that's why under Department tab, we have listed the documents we're expecting from the department. Okay. So we've used that to help clarify that a little bit, as well. One last thing, I just wanted to mention, once everything is completed. Now, that is for your section, the department, but also the beneficiary, that's when you would hit submit to I Trip S Advent, so that may require you to contact your employee, make sure they've submitted. That's going to prompt us to conduct our review. And during that time, it locks the request. So if the employee has not yet uploaded their information, their documents, et cetera, it's going to lock them from being able to do so. So we would encourage you just to check in and make sure everything has been uploaded before you hit that button because, again, that's going to initiate us to conduct our initial review. And the great thing about Teradata is, we use all that information to actually generate the eventual I 129, which is the filing form for USCIS. And so that's why all of this information is really relevant and needed. Once the individual entered their HMB status. This is where you can keep track of what are called active records because the employment has been approved. They've entered the employment. We can see, again, our test here. Slightly different view, but not so much. In the event that someone were to be eligible for an extension, you're going to receive an automatic notice, both 240 and 180 days out to initiate that process. That would be initiated here. There's going to be a little yellow button down in the very right corner where you would select apply h1b extension. Again, if there's ever any questions about that process, feel free to reach out, but we do our best to provide further instructions when that becomes relevant. But like I said, there's going to be an alert at that 240 days and 180 days mark there as well. Okay. So I think we can go back to our presentation. Okay. So. Thank you. Sure. In conclusion to everything that we talked today. Some key notes to remember for sponsoring h1b employees. We do highly recommend that you start the process as soon as possible. It is a very lengthy process, particularly when we're filing a prevailing wage. The Department of Labor processing times, as Bradford mentioned earlier, is seven plus months. US CIS processing time is also right now currently between 3.5 and five months for adjudication, and these are fluctuating timelines. They are not constant, and they are absolutely subject to change. Also, there could be delays in receiving your ECC form back from the research office. The issuance of checks. There could be delays with visa appointments for any h1b petitions that we are filing for consular approval, or your employee could be placed on administrative processing at the consulate level. And also, we do ask that we start the process as soon as possible because we can also begin the LPR process in parallel with the h1b for your faculty members, and we just want to be cognizant of the 18 month deadline that's involved there. Also, very important, are the department's responsibilities regarding the h1b sponsored employee? Any changes in the employment, again, we do ask that we are notified as soon as possible, and this includes if there's a promotion, any changes in their job duties, any worksite changes, if they're now taking on a supervisory responsibility, If there is, in fact, end of employment due to either a resignation, a termination or simply a non renewal of contract, we do need to know about this because there is action items that we have to take with USCIS, as well as the Department of Labor, pertaining to the h1b. Next slide, please. Also, the CGPS website is a good resource for information on how to host h1b employees. You'll find on the website, the timelines, documents that are required. There's also the access to previously recorded training sessions related to Terra Data. You can access the Department administrator handbook there as well. The IS announcements page has immigration updates. I you're interested in pursuing Bs. Other scholar visas also is located on the CGPS website, and those are the o1e3 TN. There's more information on those visa sponsorship types, as well as there's a link to the US Department of State Visa Appointment Wait Times for the various consulates and embassies for your h1b applicants for them to apply for their visas. And as always, we are available to answer any questions you have. This slide has Bradford, myself, and Morgan, listed, so please reach out if there are any questions or if additional clarification is needed as you work through this process for h1b sponsorship.
CGPS Webinar | Hosting International Employees (H-1B Status)
From Bradford Rush November 07, 2024
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Join the Scholar Services team in the Center for Global Programs and Services to learn or review the process for hosting H-1B employees at UD.
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