International Hiring: Faculty, Researchers and Staff Presented by Mario Rojo del Busto, LL.M....
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Transcript of International Hiring: Faculty, Researchers and Staff Presented by Mario Rojo del Busto, LL.M....
International Hiring: Faculty, International Hiring: Faculty, Researchers and Staff Researchers and Staff
Presented byPresented by
Mario Rojo del Busto, LL.M.Mario Rojo del Busto, LL.M.
Assistant Dean of Faculties & Chief of StaffAssistant Dean of Faculties & Chief of Staff
Director of International Faculty & Scholar Director of International Faculty & Scholar ServicesServices
ResourcesResources
• System Regulation 33.99.01 Employment Practices
• University Rule 12.99.99.M1 Faculty Recruitment Procedures
• System Regulation 33.99.09 Employment of Foreign Nationals
• University Rule 33.99.01.M1Employment of Foreign Nationals
• DOF Faculty Hiring Guidelines and forms • IFSS Guidelines and forms
Different Routes to Hiring Different Routes to Hiring
Colleges – Departments
FacultyFaculty Dean of Faculties
ResearchersResearchers Vice President IFSSIFSS for Research (International Employees)
StaffStaff Human Resources
Three Stages to the ProcessThree Stages to the Process
Pre – HiringPre – HiringWhat do we need to do to launch the search
HiringHiring We selected a candidate and we made him/her an offer
Post-HiringPost-HiringWhat do we need to do to “actually” employ the individual
Hiring domestic vs. InternationalHiring domestic vs. International Is there a difference? Is there a difference?
Same advertisement
Same selection process
Same offer letter
Almost the same post-hiring requirements
BUT FOR:
•Obtaining USCIS authorization to work for TAMU
•Retaining employee on a permanent basis
Visa vs. StatusVisa vs. Status
INSIDEINSIDE THE U.S.A. THE U.S.A. OUTSIDEOUTSIDE THE USA THE USA
I-94I-94 VISAVISA
To be in the USATo be in the USA To enter the USATo enter the USA
I-94 Approval RecordI-94 Approval Record
Immigration Statuses of a Immigration Statuses of a Foreign NationalForeign National
Change of Status
Extension of Stay/Portability
New Status
Department’s ObligationsDepartment’s Obligations
System Regulation 33.99.09System Regulation 33.99.09
Ensure that correspondence with the foreign national prior to
obtaining the necessary approvals does not constitute a firm offer of
employment
Ensure that the proposed employment complies with all U.S. export
control laws and regulations
Initiate the request, including the necessary immigration information
Contact IFSS for handling the employment of foreign nationals
Nonimmigrant PetitionsNonimmigrant Petitions
StartsStarts Hiring Department
After contingent offer is madeAfter contingent offer is made Collects required supporting evidence
Submits to IFSS
IFSS reviews & prepares dossier for filingIFSS reviews & prepares dossier for filing
Files the petition with DOL & USCISFiles the petition with DOL & USCIS
The Offer LetterThe Offer Letter
Essential ElementsEssential Elements
Mirror the PDLength of appointmentDate of employmentSalaryDuties and responsibilitiesEffort timeContingenciesAcceptance by candidate
ContingenciesContingencies
1.Final administrative approval (for faculty)
2.Employment eligibility verification
3.Criminal background check
4.Degree verification/official transcript
5.Selective Service
Review and analysisReview and analysis
H-1B Specialty OccupationH-1B Specialty Occupation
Position Description
Prevailing Wage Determination
Labor Condition Application
Deemed Export Control Attestation
Prevailing WagesPrevailing Wages
What is a Prevailing Wage?
Prevailing wage determinations are based upon:
•Experience and skills required for job•Complexity of job duties•Level of judgment involved•Amount of supervision required•Does the position supervise anyone
4 Wage Levels (entry, qualified, experience, fully competent)
How does it affect the employment?
Labor Condition ApplicationLabor Condition Application
The AttestationsThe AttestationsUnder Penalty of PerjuryUnder Penalty of Perjury
Payment of the higher wageEmployment will not adversely affect the
working conditions of similarly employed
workersNo strike, lockout or work stoppage in the
occupation Retention of public inspection file documenting compliance with above requirements
DEEMED EXPORT CONTROLDEEMED EXPORT CONTROLATTESTATIONATTESTATION
Completion of Export Control training by supervisor
It affects H-1Bs and O-1s international employees
Determination of whether or not a license is required
must be documented
Attestation must be completed and signed by the hiring
supervisor
Severe civil and criminal penalties for concealment or
intentional misrepresentation
Commencing EmploymentCommencing Employment
§6.5 of TAMU Rule 33.99.01.M1
•An approved nonimmigrant status notice (I-797A)
•Actual receipt of USCIS approval
•Portability exception
•I-9 Form has been completed
QUESTIONS?QUESTIONS?