International Faculty and Staff

• THE PROCESS FOR GAINING H-1B STATUS

  Human Resources will begin the process of obtaining an H-1B for prospective faculty or staff members at the request of a Purdue Fort Wayne department. The H-1B petition is an employment-based petition, not an individual’s, and must be prepared and filed by the employer and not through an outside attorney.

  Prospective H-1B beneficiaries, supervisors, and professors desiring to hire a nonimmigrant on an H-1B should work through the chair of their department (i.e., the department that will pay the beneficiary's salary).

  The process is initiated when Academic Affairs or a hiring department contacts our office. We will review the request to determine if the H-1B petition should be pursued, or if another type of immigration status is more appropriate.

  STEP 1: WAGE DETERMINATIONS

  Department of Labor (DOL) regulations for the Labor Condition Application (LCA) dictate that an employer must pay the H-1B beneficiary the prevailing wage or the actual wage, whichever is higher.

  The prevailing wage is determined by the DOL’s National Prevailing Wage Center in Washington, DC. Wage determinations are based on many factors (e.g., geographic location, job title, discipline, job duties, required education), and it is not possible to predict the amount of a prevailing wage until it is provided by the DOL. Employers are required to pay 100 percent of the prevailing wage determination beginning on the first day of H-1B employment.

  For faculty positions, the job description is key. When creating the job ad, departments should be careful to describe the position and not the person they wish to fill this position. Departments must also document the minimum requirements necessary to perform the job. If the position is considered to be entry-level, this should be noted in the description.

  STEP 2: LABOR CONDITION APPLICATION

  A Labor Condition Application (LCA) will be submitted to the DOL for certification. If the offered wage is lower than either of these wages, the office will work with the department on other options for the beneficiary. Once a certified LCA is received by Human Resources, it will be signed by Human Resources. One copy of the LCA should be given to the H-1B beneficiary immediately, while two copies will be included with the H-1B petition that will be filed with USCIS. At the same time, or at least 30 days prior to the filing of the LCA, two copies of a Notice to All Employees must be immediately posted in two separate and conspicuous locations where other employee documents are posted within the department for 10 consecutive business days. After 10 days, these should be removed and returned to Human Resources with the dates and place of posting noted on the forms. Human Resources will keep these postings in a public access file per DOL regulations.

  STEP 3: COMPLETING THE H-1B PETITION (I-129)

  Form I-129 will be completed by Human Resources with information gathered from the questionnaire completed by the beneficiary, as well as with information from the department.

  Two forms will be provided by Human Resources for departments to give to the beneficiary in order to obtain the required information. These forms will consist of a list of documents needed from the beneficiary depending upon their status, and also a beneficiary questionnaire to be completed by the beneficiary with the pertinent information.

  The department must prepare a letter in support of the H-1B petition signed by the department head. This letter will be provided by Human Resources when it gets closer to the time the H-1B petition will be filed.

  UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES FEES

  The H-1B filing fee is $460. This may be paid by the department or by the Office of Academic Affairs. All new H-1B employment also requires payment of an additional $500 antifraud fee, which must be paid by the employing department or Academic Affairs. This antifraud fee is not applicable to H-1B extensions or amendments.

  H-1B and H-4 case processing may be expedited by paying an additional $2,500 filing fee to United States Citizenship and Immigration Services (USCIS). This fee may be paid by the department or Academic Affairs. Please contact Human Resources if you have questions regarding whether or not expedited processing is necessary. When expedited, it takes approximately 15 days from the date of filing to receive a decision from USCIS.

  After all documentation has been received, the Office of Human Resources will file the case(s) with USCIS at the appropriate service Center. From receipt of the petition, USCIS generally takes 90 to 120 days to adjudicate the case(s). For H-1B extensions/amendments/portability cases, the USCIS receipt notice is sufficient for employment to commence or continue. Please allow approximately four weeks from the date of filing for the USCIS receipt notice to arrive.

  Please note that if the H-1B beneficiary plans to travel abroad while an H-1B petition is pending or close to the date of expiration of the current H-1B petition, it is imperative that they consult with Human Resources before making travel plans.

  CONCLUDING THE PROCESS

  Upon receipt of the Form I-797 approval notice from USCIS, Human Resources will contact the beneficiary. Copies of the Form I-797 will be provided to the beneficiary.

  The beneficiary will then need to contact the Office of Human Resources for an appointment. At this appointment, the beneficiary will receive the original Form I-94 card and a copy of the Form I-797 approval notice. During this initial check-in appointment, matters regarding the H-1B will be discussed (e.g., traveling and obtaining an H-1B visa stamp).

  The beneficiary should then make an appointment with the payroll department for completion of appropriate employment documentation.

  Please note that if the beneficiary is currently in H-1B status at Purdue Fort Wayne and is merely extending that status, work may continue for 240 days beyond the date of the current H-1B, provided that the H-1B extension petition has been submitted to USCIS prior to the expiration date. This must be documented by the receipt notice from USCIS, which may take approximately four weeks to receive from the date of filing.

  This is also applicable to someone in H-1B status who is changing employers. Employment with the new employer may commence upon receipt of the USCIS Form I-797 receipt notice. If the application is denied, employment must be terminated immediately.

  If the beneficiary is changing status from another nonimmigrant status to H-1B they may not be employed in the H-1B position until the original Form I-797 approval notice has been received from USCIS. Please check with the Office of Human Resources for current processing times.

• TERMS OF H-1B EMPLOYMENT

  Employment in H-1B status is limited to the employer and the job specified and described in the H-1B petition. Please notify us of any proposed significant changes in the terms of your employment. Examples of significant changes include, but are not limited to: change in job duties, job title, employment location, change of department, promotion, demotion, and change in percent effort to less than full time. Please note that PFW does not sponsor H-1Bs for part time employment.

  If your employment with PFW is terminated before the expiration date of your H-1B, you are expected to leave the country, unless you have applied for change of status or change of employer. Immigration rules require an H-1B employer to notify the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS) immediately, if the employer terminates its H-1B worker’s employment before the end date on the H-1B approval notice.

  USCIS’ Administrative Site Visit and Verification Program

  Immigration officers routinely conduct site visits of H-1B employers to investigate specific H-1B petitions on a random basis. Site visits can be in person or through e-mail correspondence. If the officer physically visits PFW, they speak with me, the beneficiary of the H-1B, and the beneficiary’s supervisor at different times during the visit. Each interview typically lasts an hour or less. For a virtual site visit, the officer sends a questionnaire to me, the beneficiary, and the supervisor. An officer conducting a site visit typically seeks to confirm that the H- 1B employee is employed in the position and at the location that was specified in the H-1B petition; and that the employee is working under the terms specified in the H-1B petition. The investigation will focus primarily on specific details about job title, salary, job duties, period of employment, number of hours worked, job location, method of supervision, etc. If your petition is selected for compliance review, it is very important that you comply with the investigation fully and within the time specified.

  International Travel

  Should you need to travel abroad, you will need to apply for an H-1B visa at the US Consulate abroad if you do not have a valid H-1B visa stamp in your passport. Unless you are visa exempt, you must have a valid H1-B visa stamp in your passport in order to re-enter the United States. Be sure to visit our website and the appropriate consulate’s website to learn about current visa application procedures and processing times, before your departure. Please contact me before you travel abroad so that we can provide pertinent information and/or appropriate documents to facilitate your visa application and re-entry to the US.

  Please download your I-94 Arrival/Departure record upon each new entry to the United States at: https://I94.cbp.dhs.gov/I94. The I-94 governs your period of lawful stay in the United States (not the visa stamp or USCIS Approval Notice). If there is a discrepancy between the end date on your I -94 and the end date on the I-797 USCIS Approval Notice, the end date on the I-94 takes precedence. It is your responsibility to track your lawful stay and that of your H-4 dependents.

  Visa Revocation

  A Department of State Policy implemented on November 5, 2015, requires consular officers to revoke nonimmigrant visas of individuals arrested for, or convicted of, driving under the influence or driving while intoxicated (or similar arrests/convictions), when such arrest or conviction occurred within the previous five years. The requirement does not apply when the arrest or conviction occurred prior to the date of the visa application and has already been assessed within the context of a visa application.

  This means that a consular officer can revoke an individual’s visa (visa stamp in the passport), even if the individual is physically in the United States. The consular officer informs the visa holder (usually by e-mail), if his or her visa is revoked or cancelled. If this happens, the individual may continue to stay in the United States, but their visa is no longer valid for future travel to the United States. An individual whose visa has been revoked, and who departs the United States, must re-apply for a visa and may return to the United States if a new visa is granted. For more information, see the Foreign Affairs Manual at 9 FAM 403.11-2: https://fam.state.gov/fam/09FAM/09FAM040311.html.

• PERMANENT RESIDENCY

  The Immigration Act of 1990 (IMMACT 90) established new categories, guidelines, and quotas for internationals seeking permanent residency in the United States. The allotted visas are divided among the countries of the world, and the same conditions and requirements apply to everyone, regardless of country of origin.

  To qualify for an immigrant visa, you must fit into one of the designated categories. Unless the requirements of the category are met, no immigrant visa will be approved.

  The intent of the law is to bring needed job skills to the United States and to unite families; immigration categories are therefore divided into employment-based immigration and family-based immigration.

  IMMACT 90 established five employment-based categories.

  PRIORITY WORKERS (EB-1)

  • Certification through the Department of Labor: not necessary
  • Extraordinary ability in arts, sciences, education, business, or athletics
  • Outstanding professors and researchers (EB-12)
  • Multinational executives and managers

  ADVANCED-DEGREE PROFESSIONALS (EB-2)

  • Labor certification: required unless waived “in the national interest”
  • Professionals holding advanced degrees (EB-21)
  • Employees of exceptional ability in the arts, sciences, or business

  PROFESSIONALS HOLDING BASIC DEGREES, SKILLED WORKERS, AND OTHER WORKERS (EB-3)

  • Labor certification: required
  • Professionals holding bachelor's degrees
  • Skilled workers with at least two years of training or experience
  • Unskilled workers

  SPECIAL IMMIGRANTS (EB-4)

  This includes ministers of religion, religious workers, and certain former US government and international-organization employees.

  INVESTORS (EB-5)

  To qualify for this category, an individual is required to invest at least $1 million in capital and employ 10 or more US workers.

MAINTAINING YOUR H-1B STATUS

• Maintain a valid passport at all times. 
• Work only for the employer that has obtained an H-1B on your behalf.
• Report any proposed changes in terms of employment conditions. 
• Non-immigrants in H-4 status (your dependents) are not authorized to work.
• Start the procedures to extend your H-1B status in a timely manner, 5 to 6 months in advance.
• Ensure timely filing of petitions for extension, change of employer, or change of status. 
• Contact us for proper advisement and documentation before you travel outside the United States.
• Report changes of residential address to the Department of Homeland Security within 10 days of the change, by completing Form AR-11, which can be found on the USCIS website at: https://www.uscis.gov/forms.

PERMANENT RESIDENCY:

• PERMANENT RESIDENCY

  PERMANENT RESIDENCY

  The Immigration Act of 1990 (IMMACT 90) established new categories, guidelines, and quotas for internationals seeking permanent residency in the United States. The allotted visas are divided among the countries of the world, and the same conditions and requirements apply to everyone, regardless of country of origin.

  To qualify for an immigrant visa, you must fit into one of the designated categories. Unless the requirements of the category are met, no immigrant visa will be approved.

  The intent of the law is to bring needed job skills to the United States and to unite families; immigration categories are therefore divided into employment-based immigration and family-based immigration.

  IMMACT 90 established five employment-based categories.

  PRIORITY WORKERS (EB-1)

  • Certification through the Department of Labor: not necessary
  • Extraordinary ability in arts, sciences, education, business, or athletics
  • Outstanding professors and researchers (EB-12)
  • Multinational executives and managers

  ADVANCED-DEGREE PROFESSIONALS (EB-2)

  • Labor certification: required unless waived “in the national interest”
  • Professionals holding advanced degrees (EB-21)
  • Employees of exceptional ability in the arts, sciences, or business

  PROFESSIONALS HOLDING BASIC DEGREES, SKILLED WORKERS, AND OTHER WORKERS (EB-3)

  • Labor certification: required
  • Professionals holding bachelor's degrees
  • Skilled workers with at least two years of training or experience
  • Unskilled workers

  SPECIAL IMMIGRANTS (EB-4)

  This includes ministers of religion, religious workers, and certain former US government and international-organization employees.

  INVESTORS (EB-5)

  To qualify for this category, an individual is required to invest at least $1 million in capital and employ 10 or more US workers.

OTHER HELPFUL RESOURCES:

Human Resources provides a variety of resources and services to assist international faculty, staff and scholars. Other useful resources may be Greater Fort Wayne and the BMV.