Faculty & Scholars H-1B Faculty
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University of Oregon colleges, schools and departments that would like to hire international faculty on a temporary basis may need to apply for an H-1B visa. Please note that the University must receive approval of the H-1B petition from the U.S. Citizenship and Immigration Services (USCIS) before the employee can begin work. On average it takes about 3 to 4 months to obtain an H-1B visa. The H-1B is a nonimmigrant classification used by international faculty or staff who will be employed at the UO for up to 6 years. The H-1B visa is "employer specific" and "position specific." Thus, employees must obtain a new H-1B visa approval for each new position and employer.
Information: Eligibility Criteria Eligibility CriteriaThe H-1B visa allows foreign nationals to temporarily work in the U.S. in specialty occupations. Specialty occupations are essentially professional positions.
• Applicant must have theoretical and practical application of a highly specialized body of knowledge If the employee has had a J visa and is subject to the 2-year home residency (212e), they may not be eligible for an H visa. Contact International Affairs for details.
• Tenure Track Faculty Application Checklist & Materials• New H-1B Visa - In US Ongoing Department Responsibilities: Ensuring H-1B ComplianceAs the hiring department, you are responsible for ensuring that your H-1B employee's job duties remain in compliance with USCIS regulations. Substantial changes in job duties or FTE may require the UO to file an H-1B amendment with USCIS. Substantial changes include, but are not limited to: • Promotions Processing TimesStandard processing: The H-1B approval process takes approximately 3-4 months. Please note that H-1B petitions cannot be processed more than 6 months in advance of the contract start date. We recommend that H-1B requests be submitted to International Affairs 6 months in advance. Premium processing: In order to expedite your H-1B petition USCIS requires an additional $1000 fee. Petitions submitted via premium processing are usually processed within 15 days of receipt by USCIS. Fees for Application• $500 anti-fraud fee for all new employees to the UO All checks must be separate and made out to USCIS Employee Salary Requirements• UO departments must agree to pay employees who have H-1B visas at least the actual wage being paid to all other individuals with similar experience or qualifications for the specific employment in question or the prevailing wage level for the occupation in the area of employment, whichever is higher. Part Time EmployeesThe UO may request H-1B visas for foreign nationals who work part time at the University of Oregon. If an H-1B visa is approved for part-time employment, the employing department must make certain that the foreign national does not work more than the FTE for which he/she is being paid. Exceeding the FTE indicated in the H-1B petition would result in the imposition of fines or other penalties against your department and the University of Oregon by USCIS and the U.S. Department of Labor. Length of Stay in the U.S.An individual may generally hold H-1B status for 3 years at a time, up to a maximum of 6 years. However, all years must be covered by a UO contract. After the 6-year limit is reached, there will be a 1-year bar before a new H-1B status can be obtained. "Dual Intent" LawThe H-1B visa allows the UO sponsoring department and the employee to have "dual intent." Under the doctrine of "dual intent," the employee may have both the intent of holding a temporary H-1B visa, and the intention of applying for a permanent visa in the future. Thus the H-1B visa offers a bridge between non-immigrant status and permanent resident status. Spouse & Children (H-4 visa)Spouses and children of foreign nationals who hold H-1B visas are eligible for H-4 visas. Family members with H-4 visas cannot work in the U.S. under any circumstances but may attend academic institutions. If the employee's dependents are currently in the U.S., and would like to obtain an H-4 visa then they must fill out the I-539 form for a change of status or extension. An additional application fee on a separate check for $300 to USCIS must also be submitted for dependents. Click here for an *** For information about schools in Eugene, English language conversation programs, and other helpful resources for dependents who will be living in Eugene, download the Employees Applying from Outside the U.S.If your employee is outside the U.S., additional time is needed after receiving the H-1B approval from the USCIS before the employee can begin work. Therefore, plan on additional time for the employee to obtain a visa at a U.S. embassy or consulate oversees. Address ChangeAll international scholars and faculty are required by law to keep their addresses updated with the U.S. Citizenship & Immigration Services (USCIS). If you change your address, you must fill out the AR-11 (change of address) form and mail it to USCIS within 10 days of moving. Failing to report your change of address may jeopardize your legal immigration status. Change In EmploymentChanges in employment generally require a new H-1B petition. Change or concurrent employer Change in FTE Payment from other Employers Extension of H-1B Status
Click here for a checklist of documents needed for H1b extension. TravelWhen traveling outside the U.S., it is important to carry the following items with you:
If you are traveling outside of the U.S. while your H-1B visa is pending, you will not be able to re-enter the U.S. until your visa is approved. US Embassies Abroad
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| Last Updated on Thursday, 19 November 2009 14:48 |
example I-539
Valid passport with I-94