UNIVERSITY HOSPITAL/UNIVERSITY OF CINCINNATI COLLEGE OF MEDICINE/UC HEALTH Office of Graduate Medical Education Checklist for H 1B Visa Application Program Coordinators are responsible for collecting the following documentation and submitting the file to the Office of Graduate Medical Education for final review. Incomplete packets will be returned to the program. Complete packets will be forwarded to the UC Office of International Services for processing and submission of the petition to the Department of Homeland Security. Failure to provide the following documentation could jeopardize the success of the petition or delay its processing. USCIS processing time varies greatly. Please keep in mind that all documentation must be submitted to the office of GME no later than April 1 st to allow sufficient USCIS processing time. However, there is no guarantee that the petition will receive final approval by July 1 st without premium processing. A copy of this checklist MUST accompany the completed packet submitted to the Office of Graduate Medical Education. All forms are attached. Forms can also be can be found and downloaded on the GME website at http://med.uc.edu/gme.aspx Name of H1 B applicant (Please Print): Name of Training Program: Signature of Program Coordinator/Administrator: Approved by: Program Director Designated Institutional Official (DIO) Date of submission to GME office: Received by: Documentation to be provided to Program Coordinator by H1 B Petitioner If completed or Documentation required Completed and signed H 1B Questionnaire for Residents/Fellows SECTION 1 Description/Notes Personal Data/Immigration History Information (form attached). Date Received by Program Coordinator Completed and signed H 1B Processing Request form Copy of medical degree and related transcript USMLE scores * Curriculum vitae Medical License to practice medicine in the State of Ohio Confirmation of services requested and associated fees (form attached). If the document is not in English, it must be accompanied by a certified English translation. If the degree is from an American university, attach a transcript that shows the name of the institution, the date the degree was awarded and the address of the institution. Step I, II (CK & CS). Step III is also required for applicants entering a TUH/UCCOM training fellowship program. Copy of the individual s CV must be current as of the date submitted. Confirmation of a current medical license or training certificate by the State Medical Board of Ohio to practice medicine effective as of the start date of the residency/fellowship training.
ECFMG certification USMLE/federal Licensing Examination (FLEX) USCIS approval Notices I 94 card and visa stamp with current immigrations status Documentation of all other statuses held other than H 1B Passport If in J 1 Status Proof of current employment if in H1 B status Signed Certification Form for H 1B Portability Cases Signed Certification Form verifying documents UH H 1B Premium Processing policy and Employee Attestation Form Dependent Application for dependents already in the US Checks covering Premium Processing and Dependent filing Fees, if applicable Copy of the ECFMG certificate if the H 1B applicant is not a graduate of an American Medical School. Evidence that the H1 B applicant has passed the FLEX or the USMLE Step I, II (CK & CS) and III, if applicable. * Copies of all USCIS approval notices for all stays in H1 B status in the US for the past six years. If the individual is in the US, a copy of the front and back sides of the I 94 card, visa stamps and other documents such as I 797 as approval notices. Copies of all relevant immigration documents including all I 20 s (if F 1) or DS 2019 (if J 1) etc. and work permits if applicable. Copy of the biographic page from a valid passport reflecting issuance and expiration dates; Copy of passport extension pages if applicable. Copy of the waiver of the two year home residency requirement (or proof that he/she is not subject to the requirement. If currently employed as an H1 B, proof that the employment is still in effect at the time of filing. Such proof may include a current paycheck receipt or a letter from the employer. To be completed by Individuals currently working on H 1B status for another employer. To be completed by H1 B applicants verifying accuracy of all documents and photocopies (form attached). Signed and completed by H1 B applicant if applicable (form attached). I 539 Form attached. Checks should be made payable to US Department of Homeland Security. * All residents and clinical fellows accepted into a PGY 4 level or above must provide documentation that they have passed USMLE Step 1, Step 2 CK and CS and Step 3 prior to starting in any UH/UCCOM residency or clinical fellowship training program. Documentation to be provided to the Office of Graduate Medical Education by the Program Coordinator/Administrator If completed or Documentation/ Action Posting of the Labor Certification application Labor Condition Application Posting Notice Verification Checklist for approval of H1 B SECTION II Completed H 1B application packet Description/Notes Upon notification by GME, Coordinators are responsible for obtaining permission and posting the LCA at all institutions/sites the resident/fellow will be rotating through during their training. LCA postings are required for a period of 10 consecutive business days (14 days total). LCA verification form signed, dated and submitted to the GME office (form attached). Upon receipt of the completed SECTION 1 of the Checklist for Approval of the H 1B from the H 1B employee, the Coordinator/Administrator completes SECTION 2 and obtains appropriate signatures. The completed H 1B packet with appropriate signatures, related fees and this checklist MUST be submitted to the GME office for final review and completeness no later than April 1 st. NOTE: As USCIS processing times vary greatly, we cannot guarantee the H 1B petition will be processed by USCIS prior to the requested start date, even if received by GME no later than April 1 st. Date received in the GME Office
UNIVERSITY HOSPITAL/UNIVERSITY OF CINCINNATI COLLEGE OF MEDICINE UC HEALTH Office of Graduate Medical Education Procedure for Processing H-1B Extension Sponsorship for Residents/Fellows Selected through the Match Forms may be downloaded from: http://www.med.uc.edu/residency/ 1. Requests for extension of H-1B sponsorship should be submitted to the Office of Graduate Medical Education as soon as the resident/fellow receives their notification of renewal letter, not to exceed 7 months prior to expiration of the current status but no later than 12 weeks prior to expiration of current status. 2. Resident/Fellow completes and signs the H-1B Questionnaire and returns it along with all required documentation listed on the H-1B Checklist for Medical Residents and TUH/UCCOM Graduate Medical Education H-1B Processing Request form and payment, if required, to the Program Coordinator. 3. The Program Coordinator assembles the packet in order according to the checklist, ensuring correct and complete information is included and forwards the entire packet to the GME office (not to exceed 7 months prior to the anticipated start date) and at least 10 12 weeks prior to the anticipated start date. (Note: Petitions submitted 12 weeks or less will likely require premium processing) 4. Premium processing fees must be paid by the party requesting the premium processing. Residents/Fellows may request premium processing for personal reasons 9such as a need to travel outside the US before the petition is approved) and must include an explanation of the reason for their request along with payment. Applications submitted to the GME office less than 10 weeks prior to the anticipated start date should consider this option. Programs may request premium processing at the expense of the program/department. 5. The Office of Graduate Medical Education reviews the H-1B petition packet for completeness and forwards to UC s Office of International Services. 6. UC s Office of International Services processes all communication regarding the petition through the Office of Graduate Medical Education. 7. The Program, through the Office of GME, is notified when the Labor Certification Application (LCA) is ready for posting. Programs MUST confirm in writing the posting of the LCA in all Institutions/Sites where the Resident/Fellow will be rotating and at two conspicuous locations within the institutions. The Labor Certification Applications MUST be posted for 10 business days (14 days total) as required by the Department of Labor, The individual responsible for the postings must indicate the dates and exact locations of the postings on a form provided by GME. 8. USCIS Receipt and Approval notices are sent directly the Office of GME. The GME office notifies the resident/fellow, the program and UC s Office of International Services upon receipt. NOTE: It is the responsibility of the resident/fellow to maintain visa status and notify the GME office and the Department of Homeland Security of all address changes within 10 days of moving. You can file from AR-11 on-line at the USCIS web site. This is the easiest and most convenient option and you get confirmation immediately. Keep the confirmation for your records as proof. (There is no fee to file this form; no other supporting documentation is required).
University Hospital/UCCOM H1-B FEE STRUCTURE 2010-2011 All petitions must be filed through the UC Office of International Services. H1-B visa petition approvals are based upon the active license expiration date. With all training licensure holders, this is in one year increments. * Passing regulated fees back to the applicant is a federal offense Description Fee Payable to Responsible Party Review/Filing fee of Petition and Wage Certification $500.00 UC International Services Department Filing Fee $325.00 US Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) Department GME Office Processing Fee (Consultations, Document Preparation, LCA posting) $250.00 Medical Center Fund (GME) Department Fraud Prevention and Detection Fee (One-time only fee for the first I- 120 petition) $500.00 US Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) Department Petition Fee for Dependants $290 US Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) Petitioner Premium Processing Fee $1,225 US Department of Homeland Security, United States Citizenship and Immigration Services (USCIS) Petitioner Airfare home should the applicant be terminated prior to completion of training $$$$$$$$ Reimbursement of travel to H1-B visa Holder Department
UNIVERSITY HOSPITAL/UNIVERSITY OF CINCINNATI COLLEGE OF MEDICINE H-1B QUESTIONNAIRE FOR RESIDENTS/FELLOWS (The H-1B petition cannot be filed without the below information completed) SECTION I. (To be completed by H1-B Employee (Resident/Fellow) BIOGRAPHIC INFORMATION Name: Date of Birth: Last/Family First Middle (mm/dd/yyyy) Country of Birth: Province/ State of Birth: City of Birth: Country of Citizenship: Country of Legal Permanent Residency: US Social Security # (if any): US Address (if currently in the US): (Please note the USCIS and Immigration Service must be notified within 10 days of a change of residence address. Information about that process is available at uscis.gov) City overseas where visa will be obtained: Contact numbers: (Home) (Work) (Cell Phone) (E-mail Address) Most recent residency address in home country: Highest Degree earned (i.e. doctorate, Masters): Date Degree was awarded: (mm/dd/yyyy) Field of study: Name of School: Address of School:
IMMIGRATION HISTORY If the individual is in the US, provide current immigration status and date of initial US entry/approval for such status: Status: Date of Entry: Expiration date of current status: Within the past 7 years, has the individual: Been granted H-1B Status? Yes No Been denied H-1B status? Yes No If yes, please provide the full name of the employer, the dates of employment and the USCIS I-129 petition receipt number. Type and dates of any prior immigration statuses held: Type Beginning Date (mm/dd/yyyy) Ending Date (mm/dd/yyyy) NOTE: You must also provide a copy of all related USCIS approval notices, DS 2019, IAP 66 and Dept of State documentation if applicable. Date of last arrival in US (from I-94 card): Month Day Year I-94 Card #: Passport #: Date Passport issued: Date Passport expires: (mm/dd/yyyy) (mm/dd/yyyy) Name as shown on Passport:
Has UH ever filed an I-140 petition for your benefit? If yes, indicate the current status for the petition. Yes No If yes, the application is: pending approved denied If currently in the US, do you have plans to travel outside the US in the next six months? Yes No If yes, list date(s) of intended travel: DEPENDENTS IN THE UNITED STATES If the individual is in the United States with spouse and/children, please indicate: Name Date of Birth Country of Birth Immigration Status Relationship Download form I-539 from the USCIS website for a spouse and/or children in the US who require H-4 status. Their website is: http://uscis.gov. Click on the immigration forms fees and fingerprints link. Complete form I-539 and include it in the packet of information provided to your program coordinator with a check made payable to: US Department of Homeland Security in the amount of $290 with legible copies of all (I-94 cards (front and back), passport biography extension pages, visas, approval notices, work permits (if applicable), marriage license and birth certificates for all dependents. The information in the I-539 is only for the dependent, not the prospective H-1B employee. The spouse would be the I-539 applicant; dependent children would be listed on Supplement 1. If you or your dependents are outside the US, the I-539 is not required for your dependents. I certify under penalty of perjury that the information I have provided above and in support of my request for H-1B status and of H-14 status for my dependents, if any, is correct and complete to the best of my recollection and ability. I acknowledge that I have a duty to fully disclose my immigration matters to University Hospital/University of Cincinnati College of Medicine, the Office of Graduate Medical Education and the University of Cincinnati s Office of International Services and that my failure to comply with that requirement may result in denial or revocation of my immigration benefits by USCIS. I also acknowledge that I am solely responsible for maintaining my status and that of my dependents. Signature Print Name Date
SECTION 2: (to be completed by the Program Coordinator/Administrator) ABOUT THE PROGRAM Time period for which seeking H-1B status (maximum of 3 years per request, eg. 7/1/11 6/3014) From: (m/dd/yyyy) To: (mm/dd/yyyy) Residency/Fellowship Program: PGY Level of Position: Program Director s Name and Title: Program Director s E-mail address: Program Coordinator/Administrator s Name: Program Coordinator/Administrator s E-mail address: Primary Training Hospital: Program Phone #: Stipend: $ per year This position is: Full-Time Part-Time (If part time, # of hours per week) Will Resident/Fellow receive UH Benefits? Yes No Minimum Degree Required: Medical Degree or Equivalent In the Field of: Medicine Special Skills required, e.g. licenses, knowledge of research techniques, programming languages, if any (include only special skills not acquired in conjunction with attainment of required academic degree). Medical License and ECFMG certification Description of duties for the position: Analyze records, reports, test results or examination of information to diagnose medical condition of patients; prescribe or administer medication, therapy and other specialized medical care to treat or prevent illness, disease or injury; provide consultation and surgical assistance to other physicians and surgeons; monitor patients conditions and progress and re-evaluate treatments as necessary; collect, record and maintain patient information, such as medical history, reports and examination results; explain procedures and discuss test results or prescribed treatments with patients. Include complete addresses for all locations at which the resident/fellow will work: Location # 1: Location # 2: Location # 3: Location # 4
PROGRAM CERTIFICATION: I (Program Director submitting the H-1B request) hereby certify that I have reviewed this form and understand that it binds the Program to all terms of the H-1B status for the period requested, including payment of return air transportation home if the resident/fellow is dismissed before the expiration of the time requested. Program Director s Signature: Date: Director, Office Graduate Medical Education Signature: Date:
UNIVERSITY HOSPITAL/UNIVERSITY OF CINCINNATI COLLEGE OF MEDICINE H-1B Processing Request Form for Applicants Please print your name Last Name First Name Middle In order for University Hospital/UCCOM to begin processing your H-1B request, you must submit the following: Check box upon completion: Completed H-1B Medical Resident Application with attachments This completed form, signed by you. Payment of any fees required for additional services requested as determined below. Attach check or money order payable in US dollars in the amount determined. Payment should be made payable to the entity listed. If Premium processing is requested, attach a letter signed by you indicating your personal reasons for making the request. Check boxes for services requested for H-1B processing. Resident/fellow MUST use University of Cincinnati International Services office (UCIS) for processing of H1-B petition: Make check Description of Service Amount Due payable to: Initial H-1B Filing fee Fraud Prevention and Detection Fee (One-time fee for the first I-129 petition) Extension Filing for H-1B University of Cincinnati International Services Fee for submission of petition and LCA Certification No fee to resident/fellow No fee to resident/fellow No fee to resident/fellow No fee to resident/fellow Office of Graduate Medical Education Processing Fee for document review and completion Premium processing Fee requested by applicant (not mandated by employer)* $1,225 Dependent Filing Fee for I-539 application $ 290 TOTAL AMOUNT DUE To determine amount due (if any) by adding amount due for all selected services. No fee to resident/fellow $ US Department of Homeland Security US Department of Homeland Security * Premium Processing Service guarantees 15 calendar day processing of certain employment-based petitions or applications. US Citizenship and Immigration Services (USCIS) will refund the Premium Processing Service fee but continue to to process the case unless within 15 calendar days of receipt of a properly filed form I-907, USCIS issues an approval notice or, where appropriate, issues a notice of intent to deny, a request for evidence or opens an investigation for suspected fraud or misrepresentation on the related petition or application. PLEASE READ THE FOLLOWING CAREFULLY, SIGN AND DATE: I understand that my H-1B petition request will be processed according to the above information as furnished by me. I further understand that failure to provide any of the required information, application form and/or attachments, as well as payment in the incorrect amount or made out to the wrong recipients, will result in a delay of the application process. Applicant Signature: Date:
UH H-1B PREMIUM PROCESSING POLICY & EMPLOYEE ATTESTATION FORM The clinical department may request premium processing of an H-1B petition by paying an additional fee of $1,225 to the Department of Homeland security. Payment of the premium processing fee ensures that the H-1B petition will be adjudicated within 15 calendar days. The premium processing fee, like the basic H-1B filing fee of $320.00 and the $500.00 Fraud and Detection fee, are considered to be a business expense for the employer. and consequently, the employer is prohibited from recouping any part of the fee from the H-1B worker, unless the employer can establish that that use of premium processing as for the H-1B worker s primary benefit and therefore not a business expense. Per United States Department of Labor regulations (20.D.F.R.655.731 (C) (7), in order to make a determination that use of premium processing was for the H-1B worker s primary benefit, the following conditions must apply. Payment must: Be voluntarily authorized by the employee in writing; Be principally for the benefit of the employee; Not serve as a recoupment of the employer s business expense; and Not exceed fair market value of the actual cost. If the H-1B employee is paying the premium processing fee, he/she should complete the form below and submit it to UC International Services with the other material provided with the H1-B request. PROSPECTIVE H-1B EMPLOYEE ATTESTATION My signature below serves to confirm that payment of the $1,225 premium process fee: Is in no way a condition of my employment at University Hospital; Has been voluntarily authorized by me in writing per my signature below Is principally for my benefit; Does not serve as a recoupment of the employer s business expense; and Does not exceed the fair market value of the actual cost (I understand the cost to be 41,000). Name: Please Print Date of Birth: Signature: Date:
UNIVERSITY HOSPITAL/UNIVERSITY OF CINCINNATI COLLEGE OF MEDICINE CERTIFICATION FORM (To be completed by individuals who currently work for UH on H-1B status or individuals who don t currently hold H-1B status) I CERTIFY THAT COPIES OF DOCUMENTS SUBMITTED ARE EXACT PHOTOCOPIES OF UNALTERED ORIGINAL DOCUMENTS. I UNDERSTAND THAT I MAY BE REQUIRED TO SUBMIT ORIGINAL DOCUMENTS TO AN IMMIGRATION OR CONSULAR OFFICIAL AT A LATER DATE. SIGNATURE: DATE:
UNIVERSITY HOSPITAL/UNIVERSITY OF CINCINNATI COLLEGE OF MEDICINE CERTIFICATION FORM FOR H-1B PORTABILITY CASES (To be completed by individuals who are currently working on H-1B status for another employer) I CERTIFY THAT COPIES OF DOCUMENTS SUBMITTED ARE EXACT PHOTOCOPIES OF UNALTERED ORIGINAL DOCUMENTS. I UNDERSTAND THAT I MAY BE REQUIRED TO SUBMIT ORIGINAL DOCUMENTS TO AN IMMIGRATION OR CONSULAR OFFICIAL AT A LATER DATE. SIGNATURE: DATE:
General Overview of H-1B issues for UH Medical Residents FAQs Q. What is an H-1B Occupation? A. An H-1B position must requires at a minimum, a Bachelor s degree in a specific field of study. Q. How much H-1B authorization can an Individual obtain? A. By status, H-1B eligibility is limited to six years. However, extensions beyond six years are available to those in the green card process if the green card was started prior to the end of the fifth year of H-1B status or if the individual has an approved immigrant petition (I-140) and cannot complete the green card process due to a backlog in immigrant visa availability. Q. How does an employer obtain an H-1B? A. The employer submits an I-129 petition to the US Immigration and Citizenship Services (USCIS) Q. What employment period can the H-1B employer request? A. The I-129 petition can request an employment period up to three years. There is no minimum amount of time that can be requested. The employment can be on a part-time or full-time basis. If the employer requires additional time beyond the approved H-1B end date, a new I-129 petition requesting an extension can be filed. At that point, the employer needs to evaluate the individual s remaining H- 1B employment eligibility. Residents and fellows, on a training license, can typically expect their H-1B status to coincide with the dates on their active training license (typically one year in length). For programs longer than one year length, the hospital will likely need to file yearly petitions requesting extensions of visa status or until the employee has been granted a permanent medical license. An h- 1B petition can be filed 6 months prior to the requested start date. Q. What is included in an I-129 petition? A. The employer completes several forms and also submits a letter describing the nature of the duties associated with the H-1B position, the minimum requirements, including the degree and any required licensure, as well as evidence that the H-1B employee meets the stated minimum requirements as of the date the petition is filed with USCIS. This can be an issue with respect to
the timing of the acknowledgement letter issued by the Ohio Medical Board. Q. What are the fees associated with the I-129 petition? A. UC International Services charges a fee of $500 to prepare an H-1B petition for University Hospital. The check for that fee should be made payable to the University of Cincinnati. The Office of Graduate Medical Education charges a $250 fee to coordinate and review documents prior to submission. The check for that fee should be made out to the Medical Center Fund (GME). USCIS has recently increased their filing fee to $325. Additional fees include: a fraud prevention and detection fee of $500 (for the employer s first I-129 petition for the benefit of an individual) and an additional $1,225 if premium processing is requested. Premium processing is optional and means USCIS will process the petition within 15 calendar days, unless a request for additional evidence is issued. Separate checks for each USCIS charge should be made payable to US Department of Homeland Security. Department of Labor regulations specify that the H-1B employee should not pay any of the aforementioned charges, with the exception that if the need for premium processing is personal; for example, the employee needs to travel outside of the US and obtain a visa before returning, the employee can pay the premium processing charge. Q. What H-1B category is the petition requesting and how long should one expect for USCIS processing and employment availability? A. USCIS processing times vary and are unpredictable. Typically, you should allow at least four months for USCIS processing. This turn around time can become problematic since the match results are not posted until March 15 th and program start dates are July 1 st. Programs are encouraged to contact the Office of Graduate Medical Education immediately upon obtaining their match results. No candidate outside the match can be offered a position in a non-immigrant H1-B status without the explicit approval of the Designated Institutional Official (DIO). If the H-1B employee is outside of the US, the I-129 petition would request Consular Processing. Once USCIS approves the petition, USCIS notifies the US Consulate or Embassy designated in the petition. The H-1B employee then must obtain an H-1B visa from the Consulate before entering the US. For the visa application, at minimum, they would need a complete copy of the I-129 petition, the original USCIS Approval Notice and a valid passport. If Consular Processing is needed, when filing the I-129, you should factor in sufficient time for the visa application process as it can be lengthy due to security checks. If the H-1B employee is in the US in another status, the I-129 would request a change of status. The H-1B employee would be restricted from traveling outside
of the US while the petition is pending, and the requested start date would need to occur before any associated grace period expires. Additionally, a change of status petition, when timely filed, extends an individual s legal presence in the US, but does not provide continuing work eligibility until the petition is approved. If the H-1B employee is already working for University Hospital per H-1B status, the I-129 petition would request an extension of status. In this scenario, the only USCIS fee is the $325 filing fee. The employee is permitted to continue working for the employer for up to 240 days while the renewal petition is pending, provided USCIS timely receives the petition, meaning before the current H-1B status expires. Travel outside the US while the petition is pending would not be a problem unless the employee wants to leave the US after the current H-1B status expires and return before the petition is approved as there would be no means to obtain an H-1B visa. If the H-1B employee is already working for another US employer per H-1B status, the petition would request a change of employer. Utilizing H-1B portability, the H-1B employee can begin working for the new employer upon USCIS receipt of the new employer s I-129 petition. Even through the individual currently holds H-1B status, in addition to the USCIS $325 filing fee, TUH would need to submit the $500 USCIS fraud prevention and detection fee. At the time the petition is filed with USCIS, the H-1B employee should be employed by the existing H-1B sponsor and evidence of the status, such as a current paystub or employment verification letter, is required. Travel outside of the US while this application is pending could be problematic and UC International Services should be consulted before doing so. Q. What documents are required from the UH H-1B employee for attachment to the I-129 petition? A. The following documentation must be provided: A copy of the diploma, transcript and related translation, if applicable, for the H-1B employee s medical degree; A copy of the required license to practice medicine in the State of Ohio, training certificate or acknowledgement letter from the Ohio Medical Board; A copy of the ECFMG certificate if the H-1B employee is not a graduate of an American Medical School and evidence that the H-1B employee passed the Federal Licensing Examination (FLEX) or the US Medical Licensing Examination (USMLE) Parts I, II Clinical Skills and Clinical Knowledge and III or the National Boards of Medical Examiners Certifying Examinations, Part I, II and III. (note: For residents USMLE parts I,and II must have been passed. fellows must additionally have passed USMLE step III. Current Curriculum Vitae;
A copy of USCIS approval notices for all stay in H-1B status in the US for the past six years; If the individual is in the US, a copy of the front and back sides of the I-94 card, visa stamps and other documents such as I-797 approval notices; if in the US and holding a status other than H-1B, a copy of all relevant immigration documents including all I-20s (if F-1) or DS-2019 s (if J-1) etc. and work permits (if F-1, J-2 or L-2); (This documentation is needed to show that the individual has maintained his/her current immigration status) All H-1B petitions must list the exact dates (mm/dd/yyyy) the beneficiary maintained status as an Exchange Visitor or J-2 dependent and provide evidence of such status, including all DS-2019s or IAP 66s and J-1 visa stamps and waiver documentation regarding the 2-year home residency requirement, if applicable. Copy of the biographic page from a valid passport reflecting issuance and expiration dates; and If currently employed as an H-1B, proof that the employment is still in effect at the time of application for the UH H-1B petition. Such proof may include a current paycheck receipt or a letter from the employer.
SELECTED IMMIGRATION TERMINOLOGY Admission: Legal entry into the US in a particular status following inspection by a US Customs and Border protection (CBP) officer at a port of entry. For those entering as a non-immigrant, the CBP officer notes the date/place of entry, immigration status and expiration date of authorized stay on the I-94 card which is then usually stapled into the non-immigrant s passport. Consular Processing: Requested on petitions filed for the benefit of foreign national who will not be present in the US as of the requested status start date. Upon USCIS (US citizenship and Immigration Services) approval of the petition, the foreign national must obtain the appropriate visa at a US Consulate/Embassy abroad before entering the US in that status. This can be a lengthy process due to security checks conducted at the request of the Department of State. H-1B: Temporary work eligibility for those to be employed in a specialty occupation. The request H-1B employment authorization for a foreign national, the employer files and I-129 petition with USCIS. Upon adjudication of that petition, the individual is either granted the H-1B status via an approval notice which contains an I-94 card or is issues an approval notice which indicates notification of the Consulate/Embassy identified in a request for Consular Processing. To qualify, the position must require, at minimum, a Bachelor s degree in a specific field and the H-1B employee must have earned that degree or its equivalent, as well as have obtained any required licensure prior to the filing of the I-129 petition with USCIS. There is no list of specific occupations, but the H- 1B is intended for professional positions in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology and the arts. H-1B Time Limit: H-1B presence is limited to six years. Extensions beyond six years are available to those in the green card process if 365 days or more have passed since the original filing date of the underlying Labor Certification application (LCA) or Form I- 140, is exempt from the labor certification process. A copy of the receipt for the LCA or the I-140 is required when such a request is made. There is also a post six-year extension for H-1B s with approved I-140 s who either cannot file an I-485 application or a pending I-485 cannot be approved due to per country ceilings. A copy of the I-140 approval notice is required for such an extension. (See Recapture also.) I-94 Card: (Arrival/Departure Record); Proof of lawful entry and the authorized amount of time a foreign national may be present in the US. This is one of the most important Immigration documents: If lost while the individual is present in the US, the foreign national should file an I-120 application with USCIS to replace the card. The I-94 can either be the small card, usually white, issued at the Port of Entry, or, if the foreign national changed or extended status in the US, the latest I-94 is attached to the bottom of a USCIS I-797 Approval Notice. This card indicates the
following: the foreign national s immigration status; either the date of entry or the date on which an extension or change of the status is effective; the expiration date of the noted status. It is important that the foreign national check the end date stamped on the I-94 card upon entry, as at times it may differ from the underlying USCIS Approval Notice. For example, an inspecting CBP officer may choose to indicate an end date that is shorter that the USCIS approved period because the foreign national s passport expires before the end date approved by USCIS. The CBP officer may choose to take such action (they do not always do so0 because foreign nationals are required to have a passport which is valid for the length of stay. The I-94 card date is considered the final date of lawful presence. If a shortened end date is indicated on the I-94 card as referenced in the aforementioned example, to acquire more lawful presence, the appropriate petition requesting an extension of status must be filed with USCIS Otherwise, the individual would need to travel out of the US and return once the passport has been extended. I-797 Notice of Action: A form used by USCIC to advise as to the status of activities associated with filings requesting immigration benefits. Common examples include an I-797 Receipt notice (issued within 30 days of USCIS receipt of a filing to acknowledge receipt and provide the assigned USCIS petition number) or an I-797 Approval Notice (issued upon approval of a filing). Non-immigrant: A foreign national who legally enters the United States on a temporary basis in a specific classification, i.e. visitor (B-1/2), student (F-1), worker (H- 1B, L-1A, TN, etc. or Exchange Visitor (J-1). Most categories, such as visitor and student, required the foreign national to show an intent to return to his/her home country following the temporary stay in the US. The H-1B is exempt from proving an intent to return home following at the end of the H-1B period. Out of Status: Refers to circumstances wherein the foreign national has failed to maintain valid non-immigrant status, including an overstay (presence in the US after the status and any associated grace period have expired), entry without inspection by a CBP officer, as well as an H-1B worker who has lost his/her job prior to the end date approved by USCIS. Overstay: Occurs when the foreign national remains in the US past the expiration date on the I-94 card. For an F-1 or J-1 with an I-94 card marked D/S (Duration of Status), an overstay occurs at the expiration of that program, including any practical training and associated grace period. An individual with D/S marked on the I-94 card begins to accrue unlawful presence only when an official determination is made by USCIS that she/he is no longer in status. H-1B s are typically considered to have a 10 day grace period following completion of the H-1B employment as of the date approved by USCIS. The grace period is official if included in the end date stamped on the H-1B s I-94 card. Portability: Regulatory provisions established by Congress in December, 2000 via legislation referred to as AC21 which allows increased job mobility for both non-
immigrant and immigrant cases. An H-1B holder may begin working for a new h-1b employer as soon as the new H-1B employer s petition is accepted for filing by USCIS. Please note that per immigration law, an H-1B petition is considered filed when USCIS has received and accepted the petition. USCIS confirmation of filing is the issuance of an I-797 Receipt Notice, which is typically issued within 7 10 business days, although the regulations allow a 30 day window for USCIS issuance of the Receipt notice. Employers may rely on the USCIS Receipt Notice as evidence that the employer s petition was filed with the USCIS. Some employers choose to initially rely upon a printout from a private courier service such as FedEx or UPS to confirm delivery or the petition and to allow the H-1B employee to work before the official USCIS Receipt notice is received. The risk with this reliance is that USCIS may not accept the petition due to a procedural problem (petition is missing a signature/form or the check for the filing fee is incorrect or an error by mailroom employees) and may return the petition. That likelihood may be low, but it is a possibility. Portability eligibility includes the following requirements: the foreign national must have been lawfully admitted to the US; the foreign national mast have previously been granted H-1B status or issued an h- 1B Visa; the foreign national must not have worked without authorization prior to the filing of the new H-1B petition; the new employer s H-1B petition must be received by USCIS before the end of the foreign national s period of authorized stay. Recapture: H-1B eligibility is limited to six years. Once a foreign national has used six years of H-1B eligibility, they may qualify for an additional six years following a one year absence from the US. In October, 2005, USCIS issued a policy memo indicating that time spent outside of the US during the USCIS approved H-1B period should not be counted toward the foreign national s six year H-1B eligibility limit. Thus, any time spent outside of the US during this time can be recaptured. The burden of proof Is on the petitioning employer. In order to recapture H-1B time, the request must include documentation such as passport entry/exit stamps, airline tickets, etc. Status: Controlled by the foreign national s I-94 card, typically granted by the CBP officer at the port of entry upon arrival in the US. Status can also be changed or extended by USCIS from within the US. The terms visa and status are often used interchangeably but actually designate two very different concepts. A visa is used by the US Department of State and controls a foreign national s ability to request permission to enter the US. Status is granted by the US Department of Homeland Security and controls the ability to remain inside the US. Visas: Defined by USCIS as follows: A US visa allows the bearer to apply for entry to the US in a certain classification (eg student (F), visitor (B), temporary worker (H). A visa does not grant the bearer the right to enter the United States. The Department of State (DOS) is responsible for visa adjudication at US Embassies and Consulates outside of the US. The Department of Homeland Security (DHS), Bureau of customs and Border Protection (BCBP) immigration inspectors determine admission info, length of stay and conditions of stay in, the US at a port of entry. The information on a non-immigrant visa only relates to when an individual may apply for entry into the
US. DHS immigration inspectors will record the terms of your admission on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport. A non-immigrant visa authorizes the individual to request permission to enter the US on a temporary basis. The non-immigrant classification is specified on the visa. A visa does not guarantee that the foreign national will be permitted to enter the US. At the time of entry, the foreign national is inspected by a CBP officer who determines the applicant s eligibility for admission in the visa category. Non-immigrant visas have expiration dates which vary by the type of visa and nationality of the visa holder based upon agreements between the US and the foreign national s country of citizenship. Also, some visas are restricted as to the amount of entries in the US. Unlike a passport, once the foreign national is in the US, the visa is allowed to expire. It is the I-94 card which reflects the amount of time the foreign national is permitted to stay in the US. Some foreign nationals, such as Canadian citizens, are exempt from the visa requirement. The visa is an entry document only. If the visa expires while the foreign national is in the US, that individual continues to be lawfully present as long as the I-94 card remains valid. If one changes status while in the US, they do not need a new visa until the time at which they return to the US. A visa cannot be renewed within the US.
1 CHECKLIST FOR EXPORT CONTROL ISSUES FOR HIRING/SPONSORING INTERNATIONAL VISITORS Date: Job Title: Medical Resident Name of Foreign National: Training Program: Country of Birth for Foreign National: Country of Citizenship for Foreign National: Immigration Status being requested: Supervisor of Foreign National: This form is required for any foreign national employed by University Hospital as a medical Resident or Fellow. It must be completed and submitted with any request for an employment visa to the Office of Graduate Medical Education. Your answers to these questions will help determine whether any aspect of your duties associated with the position will be subject to export control regulations. Initial Analysis YES NO 1. Do the duties involve encryption software? 2. Do the duties involve activities that could be related to the spread or increase of nuclear, chemical, or biological weapons or missile technology? 3. Do the duties involve work with any sanctioned countries? Follow these links for listings: http://www.treas.gov/offices/enforcement/ofac/programs/ http://pmddtc.state.gov/embargoed_countries/index.html If you have answered yes to these questions, contact the Office of Graduate Medial Education at 513 584 1705 for further information. 4. Do the duties involve items/articles, software or technology listed on the EAR/ Commerce Control List or the ITAR/U.S. Munitions List (see Attachment 1 at the end of this form for general categories on each list)? UNKNOWN YES NO If yes, and if known, please list EAR ECCN or ITAR USML Category:
If you checked Unknown, what items/articles, software or technologies are involved in your research? Please be as specific as possible. 2 5. Do the duties or contract include (check each that applies): a) Restrictions on publication (including reporting of the research results) or presentations at conferences? b) Restrictions on the participation of foreign nationals? c) Export control clauses or references to ITAR/EAR? 6. Will the duties (check each that applies): a) Require participation of foreign nationals in the U.S. or b) Transfer of goods, services, information or technology abroad, or c) Travel outside the U.S.? YES NO If you have answered yes to any of the above, your answers to the next set of questions will assist in determining if one of the following exclusions/exemptions described below may apply. Further evaluation will be required however. Please note that the exclusions below apply only to technical data and information and, in some cases, software associated with the research. They do not apply to equipment, articles, services or encryption software. Public Domain Exclusion YES NO 7. Is all the information or software involved in the duties published and generally accessible to the public through one or more of the following: publication in periodicals, books, print, electronic, or any other media available for general distribution to any member of the public; subscriptions that are available without restriction to any individual who desires to obtain or purchase the published information; websites available to the public free of charge or at a cost which does not exceed the cost of reproduction and distribution; libraries open to the public, including most university libraries; patents and open (published) patent applications; instruction in general science, math and engineering principles commonly taught at schools, colleges and universities, and conveying information through courses listed in course catalogues and in associated teaching laboratories of academic institutions; or release at an "open" conference, meeting, seminar, trade show or other open gathering in the U.S., which is generally accessible by the public for a fee reasonably related to the cost and where attendees may take notes and leave with notes. Note: If the release occurs outside the U.S., please indicate here: Fundamental Research Exclusion YES NO 8. Does the information and software involved in the duties meet all of the following criteria: results from basic and applied research in science and engineering conducted at an accredited institution of higher education located in the U.S.; is ordinarily published and shared broadly within the scientific community; and
is not restricted (either by written agreement or by informal understanding) for proprietary reasons or specific national security controls, or subject to specific U.S. Government access and dissemination controls. 3 NOTE: The ITAR Exemption for fundamental research is not as broad as the EAR Fundamental Research Exclusion. Please refer to ITAR 123.16(b)(10). Name of Program Director: Signature: Date: ATTACHMENT 1 EAR AND ITAR CONTROL LISTS BY MAJOR CATEGORIES COMMERCE CONTROL LIST (CCL) Export Administration Regulations (EAR) http://www.access.gpo.gov/bis/ear/ear_data.html See Part 774, Supplement 1 Category 0 Nuclear Materials, Facilities & Equipment (and Miscellaneous Items) Category 1 Materials, Chemicals, Microorganisms, and Toxins Category 2 Materials Processing Category 3 Electronics Category 4 Computers Category 5 (Part 1) Telecommunications; (Part 2) Information Security Category 6 Sensors and Lasers Category 7 Navigation and Avionics Category 8 Marine Category 9 Propulsion Systems, Space Vehicles and Related Equipment U.S. MUNITIONS LIST (USML) International Traffic in Arms Regulations (ITAR) http://pmddtc.state.gov/regulations_laws/itar_consolidated.html See Part 121.1 Category I Firearms, Close Assault Weapons and Combat Shotguns Category II Guns and Armament Category III Ammunition/ Ordnance Category IV Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines Category V Explosives and Energetic Materials, Propellants, Incendiary Agents and Their constituents Category VI Vessels of War and Special Naval Equipment Category VII Tanks and Military Vehicles Category VIII Aircraft and Associated Equipment Category IX Military Training Equipment and Training Category X Protective Personnel Equipment and Shelters Category XI Military Electronics Category XII Fire Control, Range Finder, Optical and Guidance and Control Equipment Category XIII Auxiliary Military Equipment Category XIV Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment Category XV Spacecraft Systems and Associated Equipment Category XVI Nuclear Weapons, Design and Testing Related Items Category XVII Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated Category XVIII Directed Energy Weapons Category XIX Reserved Category XX Submersible Vessels, Oceanographic and Associated Equipment Category XXI Miscellaneous Articles
AILA Practice Pointer: The New Export Control Attestation Requirement on Form I-129 Q: Where is the export control question on the new Form I-129 and what does it say? Part 6 of the new version of Form I-129 states: With respect to the technology or technical data the petitioner will release or otherwise provide access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that: A license is not required from either the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person; or A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data to the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary. The petitioner must check one of the above boxes on the form. Q: What is controlled technology and technical data? Technology and technical data that are controlled for release to foreign persons are identified on the Export Administration Regulations (EAR) Commerce Control List (CCL) and the International Traffic in Arms Regulations (ITAR) U.S. Munitions List (USML). The Department of Commerce Bureau of Industry and Security (BIS) administers the EAR. The Department of State Directorate of Defense Trade Controls (DDTC) administers the ITAR. The EAR uses the term technology to refer to information for the development, production or use of dual-use products or software. Technology that is required for the development, production or use of items on the EAR s CCL may be subject to export licensing and other restrictions, depending on the nature of the technology, the destination, the end-user and end-use. An export of controlled technology or technical data can occur when it is disclosed to or transferred to a foreign person, whether in the United States or abroad. Specifically, section 734.2(b)(2)(ii) of the EAR (15 CFR 734.2(b)(2)(ii)) states that an export of technology to a foreign national in the United States is deemed to be an export to the home country or countries of the foreign national. This is commonly referred to as the deemed export rule. AILA InfoNet Doc. No. 10121531. (Posted 12/15/10) 1