Ohio Administrative Code › Title 3352 - Wright State University › Chapter 3352-5 - Personnel Policies › Section 3352-5-14 - Employment or sponsorship of foreign nationals

Current through all regulations passed and filed through July 1, 2024
(A)
								The purpose of
			 this rule is to help university employees understand and comply with applicable
			 laws and regulations that pertain to sponsorship of foreign nationals for
			 temporary nonimmigrant employment, exchange visits and international studies in
			 the United States in the following categories: H-1B, H-1B1, E-1, O-1A, TN, J-1,
			 and F-1. The rule also apply to the sponsorship of employees for lawful
			 permanent residency.
(B)
								Definitions.
(1)
									United States
			 citizenship and immigration services (USCIS). Responsible for the
			 administration of immigration and naturalization adjudication functions and
			 establishing immigration policies and priorities.
(2)
									Nonimmigrant. A
			 foreign national who is admitted to the United States for a specific temporary
			 period of time. Clear conditions are attached to their stay. Within the large
			 variety of nonimmigrant categories the pertinent categories for purposes of
			 this rule are students, temporary workers and trainees, and exchange
			 visitors.
(3)
									Visa. A legal document issued by a United States
			 embassy or consulate which allows the bearer to apply for entry to the U.S. in
			 a certain classification, such as student (F), visitor (B) or temporary worker
			 (H). A visa does not grant the bearer the right to enter the United
			 States.
(4)
									H-1B. Visa classification for a temporary worker in a
			 specialty occupation position that requires a minimum of a bachelor's
			 degree.
(5)
									H-1B1. Visa classification for specialty occupation
			 workers from Singapore and Chile; similar to H-1B.
(6)
									E-3. Visa
			 classification for citizens from Australia who come to the United States to
			 work in a specialty occupation- also similar to H-1B.
(7)
									O-1A. Visa
			 classification for persons with extraordinary ability in sciences, arts,
			 education, business, or athletics and motion picture or TV
			 production
(8)
									TN. Visa classification for citizens of Canada or
			 Mexico permitted to work for United States employers in professional
			 occupations pursuant to the North American free trade agreement
			 (NAFTA).
(9)
									J-1. Visa classification for foreign national exchange
			 visitors including students, faculty, researchers and scholars eligible to
			 conduct duties or engage in learning as established by their status and program
			 sponsor.
(10)
									Certificate of eligibility for exchange visitor (J-1)
			 status (form DS-2019). A department of state-controlled document required to
			 support an application for an exchange visitor visa (J-1) prepared by the
			 program sponsor, which can only be produced through the student and exchange
			 visitor information system (SEVIS).
(11)
									F-1. Visa
			 classification for foreign national students admitted to the United States to
			 study in an approved program.
(12)
									Certificate of
			 eligibility for (F-1) student status (form I-20). A department of homeland
			 security-controlled document required to support an application for a student
			 visa (F-1 or M-1) prepared by the sponsoring school, which can only be produced
			 through the student and exchange visitor information system
			 (SEVIS).
(13)
									Lawful permanent resident. Any person not a citizen of
			 the United States who is living in the U.S. under legally recognized and
			 lawfully recorded permanent residence as an immigrant. Also known as "LPR,"
			 "permanent resident alien," "resident alien permit holder," and "Green Card
			 holder."
(14)
									Arrival-departure record (form I-94). The arrival and
			 departure record is the I-94, in either paper or electronic format, issued by a
			 customs and border protection (CBP) officer to foreign visitors entering the
			 United States which specifies the visa classification and the length of stay
			 for the foreign visitor. As of April 30, 2013, most arrival and/or departure
			 records are created electronically upon arrival.
(15)
									Visa petition.
			 For purposes of this rule, the legal document that an employer files with USCIS
			 to confer an immigration benefit upon foreign visitors for purposes of
			 employment and/or obtaining permanent residence based upon an offer of
			 employment.
(16)
									Petition for nonimmigrant worker (form I-129).
			 Immigration form used by employers to file a visa petition on behalf of a
			 nonimmigrant worker to come to the United States temporarily to perform
			 services or labor, or to receive training, as an H-1B, H-2A, H-2B, H-3, L-1,
			 O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker.
			 Petitioners may also use this form to request an extension of stay in or change
			 of status to E-1, E-2, E-3, H-1B1 or TN, or one of the above classifications
			 for a foreign national.
(17)
									Labor condition application (ETA form 9035). The labor
			 condition application (LCA) is the form employers must file with the United
			 States department of labor employment and training administration (ETA) on
			 behalf of employees applying for a nonimmigrant H-1B, H-1B1 (Singapore and
			 Chile) or E-3 (Australia) work visa.
(18)
									Immigrant
			 petition for alien workers (form I-140). Immigration form filed by employer or
			 alien worker to become a lawful permanent resident of the United
			 States.
(19)
									Application to register permanent residence or adjust
			 status (form I-485). Immigration for used to change immigration status while
			 inside the United States from temporary to permanent and apply for a green
			 card.
(20)
									Green card eligibility categories based on employment
			 (EB-1; EB-2; EB-3).
(a)
										Extraordinary ability (EB-1): an individual with
			 extraordinary ability in the sciences, arts, education, business or athletics;
			 outstanding professor or researcher, or multinational manager or executive who
			 meets certain criteria.
(b)
										Second preference immigrant worker (EB-2): a member of
			 a profession that requires an advanced degree or exceptional ability in the
			 sciences, arts, or business, or an individual seeking a national interest
			 waiver.
(c)
										Third preference immigrant worker (EB-3): a skilled
			 worker whose job requires a minimum of two years training or work experience or
			 a professional whose job requires at least a United States bachelor's degree or
			 foreign equivalent.
(21)
									Application for
			 prevailing wage determination (form 9141). Filed by employer with United States
			 department of labor ETA to obtain prevailing wage which is the average wage
			 paid to workers in the same position and geographic location.
(22)
									Optional special
			 recruitment (special handling). A labor certification application filed with
			 the department of labor (DOL) filed on behalf of college and university
			 teaching faculty which has a beneficial standard of evaluation and expedited
			 handling requiring payment of an extra fee as compared to the regular "Program
			 Electronic Review Management" (PERM) labor certification application. Under the
			 optional special recruitment process, if the foreign national who is a
			 candidate for a teaching position is the best qualified candidate, the employer
			 can proceed with the labor certification application even if other minimally
			 qualified U.S. workers apply.
(23)
									Program
			 electronic review management labor certification (PERM). System used by DOL to
			 process permanent labor certification applications. The first step in the EB-2
			 or EB-3 visa application.
(24)
									Application for
			 permanent employment certification (Form 9089). Filed by employer with the
			 United States department of labor employment and training administration (ETA)
			 to hire employee to work permanently in the United States.
(25)
									Optional
			 practical training (OPT). Period during which undergraduate and graduate
			 students with F-1 status who have completed or have been pursuing their degrees
			 for one academic year are permitted by the United States citizenship and
			 immigration services (USCIS) to work for one year on a student visa towards
			 getting practical training to complement their education.
(26)
									Curricular
			 practical training (CPT). Similar to optional practical training (OPT) but must
			 be completed before F-1 student's program end date. One year of full-time CPT
			 eliminates a student's eligibility for OPT.
(27)
									Notice of entry
			 of appearance as attorney or accredited representative (form G-28). Used to
			 provide eligibility information and authorize individual (usually an attorney),
			 to act on behalf of an application, petition, foreign national, or
			 respondent.
(28)
									Online nonimmigrant visa application (DS-160). Used for
			 temporary travel to the United Sates and for K fiancé
			 visas.
(29)
									Online immigrant visa and alien registration
			 application (DS-260). Used by person applying for lawful permanent residency
			 from outside the United States- most commonly employment or
			 family-based.
(30)
									Application for employment authorization (form I-765).
			 Used to request employment authorization and an employment authorization
			 document (EAD) in the United States.
(31)
									Request for
			 premium processing (form I-907). Employers may use this form to request faster
			 processing of certain employment-based petitions and applications. Form I-129,
			 petition for a nonimmigrant worker and form I-140, immigrant petition for alien
			 worker, have been designated for premium processing.
(32)
									Application to
			 extend/change nonimmigrant status (form I-539). Used to extend, change or
			 reinstate the status of certain nonimmigrants.
(33)
									Application for
			 travel document (form I-131). Used by lawful or conditional permanent
			 residents, individuals in valid refugee or asylee status, or those who hold
			 advance parole status to apply to USCIS for reentry to the United States after
			 traveling abroad.