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IMMIGRATION OVERVIEW

Presented by Payroll Services

Heather Kira-Hoeke

and

Mike Sattin

May 9, 2013

CLASS OBJECTIVES

• To have a basic understanding of U.S.

immigration rules

• To understand how these rules

impact UCLA

• Where to find additional resources

What is Immigration?

Such a simple definition for such a complex process!

Merriam-Webster dictionary

Immigration - to come into a

country of which one is not a native

for permanent residence

Brief History of U.S. Immigration

• 1790 – Naturalization Act

– Declared “any alien, being a free white person, may be

admitted to become a citizen of the United States”

• 1875 – Court Decision

– Supreme Court declared regulation of US immigration a

responsibility of the US government

• 1891 - Office of Immigration

– Federal Government assumed the task of inspecting,

admitting, rejecting, and processing all immigrants seeking

admission to the United States

• 1933 – Immigration & Naturalization Services

– Congress merged the two bureaus into one -INS

History of U.S. Immigration

• 1952 - Immigration & Nationality Act (McCarren-Walter Bill)

– Collected and codified existing provisions of law and reorganized structure of immigration law.

• 1986 - Immigration Reform and Control Act (IRCA)

– Expanded responsibilities of INS.

– Held employers responsible. Introduced the I-9.

• 2001 – USA Patriot Act

• 2002 – Homeland Security Act

– Transitioned services provided by the Immigration and Naturalization Service (INS) into the Department of Homeland Security (DHS).

Department of Homeland Security

(DHS)

The DHS is responsible for the:

• approval of all immigrant and nonimmigrant petitions

• the authorization of permission to work in the U.S.

• the issuance of extensions of stay

• change or adjustment of an applicant's status while the applicant is in the U.S.

DHS

• Border and Transportation Services

• Emergency Preparedness and Response

• Information Analysis and Infrastructure

Protection

• Science and Technology

Consists of 4 major offices:

Border and Transportation Services

• USCIS

(United States Citizen and Immigration Service)

• ICE

(U.S. Immigration & Customs Enforcement)

• CBP

(U. S. Custom & Border Protection)

A Typical Day at USCIS

• Process 148,000 national security background checks

• Receive more than 375,000 web hits

• Handle 44,000 calls at our toll-free number

• Complete 23,000 applications

• Serve to 9,500 walk-in customers at 84 local offices

• Issue 6,100 green cards

USCIS employees 230,000 people

The Legal Way into the U.S.(INA §235)

Step 1 - Invitation from US organization

Step 2 - Obtain Passport

(see individual’s country of citizenship requirements)

Step 3 - Obtain Visa (if required)

Step 4- Inspection Process

Step 5- Customs

Step 6- Admittance into the U.S.

6 Step Process:

Step 3: How to Obtain a Visa

1. Access www.UnitedStatesVisas.gov for current visa information and requirements.

2. Make an appointment with a U.S. Embassy or Consulate a. Check required fees and method of payment

3. Have documents ready a. See United States Visas and Consulate web sites

b. Obtain documents from sponsoring entity

c. International Student and Scholars contact Dashew Center

4. Submit application, passport, and supporting documents to U.S. Embassy or Consulate

5. Interviews

6. Approval/Denial of Visa

Step 4: Inspection Process

Provide Inspector with documents:

• US Citizen – US passport Customs

• US Permanent Resident – Green Card, Re-entry

Permit, or a Returning Resident visa. Customs

• Alien – Passport and valid visa*

Inspector approves permission to enter U.S. (only

aliens):

• Stamps passport and issues a completed I-94 or

I-94W indicating the “Status” of the individual

* Some exceptions exist. See 8CFR §211.4 and 8CFR §212.1

Documentation to enter the U.S.

•Passport- travel document:

• Visa - permission to present self at US

border to ask for entry under a certain

classification

• I-94/I-94W : Visa Status - purpose for which

the USCIS lets one enter into the US

PASSPORT defined:

• A passport is an internationally

recognized travel document that

verifies the identity and

nationality of the bearer.

• Western Hemisphere Travel

Initiative (WHTI)

It is not the following:

• A guarantee of entry to U.S.

• Work authorization

• A guarantee of payment eligibility

• A guarantee of tax treaty exemption It can be used as a document for:

• the I-9 (see form for details)

• the 8233 form (tax treaty application)

THIS NUMBER IS REQUIRED FOR TAX TREATY EXEMPTION

Expiration date important for I-9

Visa vs. “Visa Status”

• A visa allows a foreign national to travel to the

U.S. and apply for admission during the validity

period on the visa.

• The visa status confers immigration status, work

authorization or relate to the time period that the

foreign national may remain in the U.S.

– Visa Status is indicated on the I-94 Form.

VISA

• A travel document issued by a US

consulate abroad that allows the

alien to travel to the US to ask for

admission at the US port of entry.

• All aliens are expected to present a

visa*. If an alien arrives at a US port

without a visa, they will be sent home

at the carrier’s expense.

*Exceptions to the visa rule are:

Canadian citizens, aliens with Border

Crossing Cards, and aliens traveling

under the Visa Waiver Program

Generally you do not use

information from a visa for: the

I-9 form, EDB entry, or Tax

Treaty forms!

I-94

***A paper I-94 Form will phase out

effective April 30 through May 21, 2013. A

CBP admission stamp will be placed in the

passport, which will reflect the class of

admission****

The website is http://www.cbp.gov/I94 -

www.cbp.gov/I94

• Indicates the classification in which the

alien is admitted to the U.S. on.

• Indicates the authorized length of stay in

the U.S.

• Generally expressed in terms of a date

but may be expressed with “D/S”

(duration of status).

Indicates status

2012

D/S

Indicates duration of status

http://www.cbp.gov/I94




Visa Exemptions

A Visa does not need to be presented to obtain

entry or visa status for the:

1. Western Hemisphere Travel Initiative

2. Visa Waiver Program (VWP)*

* only if a machine-readable passport is presented at the US entry port

1. The Western Hemisphere Travel

Initiative (WHTI)

• Requires all citizens of the United States, Canada,

Mexico, and Bermuda to have a passport or other

accepted document that establishes the bearer’s identity

and nationality to enter or re-enter the United States from

within the Western Hemisphere

Effective:

• Air Travel Requirements - January 23, 2007

• Land/Sea Travel Requirements - January 31,

2009

The VWP allows foreign

nationals from certain

countries* to be admitted

to the United States

under limited conditions

and for a limited time

without obtaining a visa.

July 1, 2013

October 1,

2013

2. Visa Waiver Program

Visa Waiver Program (VWP)

The VWP enables foreign nationals to travel to

the U.S. for business, medical treatment, and

tourism for 90* days or fewer without obtaining

a U.S. visa

Please go to the following web site for more information: http://travel.state.gov/visa/tempvisitors_novisa_waiver.html

NEW TREND: Visa issued for less then 90 days.

Days permitted to stay will relate to purpose of visit

Electronic System for Travel

Authorization - ESTA

A new online system that is part of the

Visa Waiver Program

• All nationals or citizens of Visa Waiver Program (VWP)

countries who plan to travel to the United States for

temporary business or pleasure will be required to be

approved through ESTA prior to boarding a carrier to

travel by air or sea to the United States under the VWP.

• ESTA only allows you to board the flight, it doesn't

guarantee admittance to the U.S. this will be up to the

discretion of the US CBP officer at the port of entry.

ESTA Facts

• 37 participating countries

• A new country designated effective November 1, 2012:

– Taiwan

• Expiration

– Two years or

– Based on expiration of passport, whichever is first

• Processing charge: $4.00 to all applicants

• Authorization charge: an additional $10.00 will be charged if the application is approved

• See http://www.cbp.gov for more information

http://www.cbp.gov/

Example:

R6MNGUH5TN1GHEWTYU

Visitor Categories

•Asylum

•Refugee

•Immigrant

•National

•Nonimmigrant

•Illegal

Asylee Status

• Asylee, a form of protection, is granted to an alien

individual while in the US following an official determination

that the alien is unable or unwilling to return to the home

country because of fear of persecution on account of race,

religion, nationality, membership in a particular group, or

political opinion.

• Individuals can apply regardless of country of origin

• Asylees can apply to adjust status to a U.S. permanent

resident.

Refugee

A status that is granted during admission into the

US. Again, an official determination has been

made that the alien is unable or unwilling to return

to the home country because of fear of

persecution on account of race, religion,

nationality, membership in a particular group, or

political opinion.

Immigrants

A foreign born individual who is lawfully

admitted for permanent residence in the

United States

OR

A foreign born individual who becomes a

lawful permanent resident of the United

States by the “adjustment of status” process

Nationals

• A United States Citizen: persons born in the

United States, Puerto Rico, Guam, the U.S.

Virgin Islands, and the Northern Mariana

Islands

• A person who is not a US Noncitizen national

owes a permanent allegiance to the US:

American Samoa and Swains Island

• Someone born to US Nationals

Non-immigrants

• An alien who seeks temporary entry into the US for a specific purpose.

• There are approximately 80 types of nonimmigrant classifications. The most common at UCLA:

– Business or Tourist (B’s & W’s)

– Diplomat (A’s)

– Treaty Trader/Specialty Occupation (E-2 & E-3)

– Exchange Program Visitor (J’s)

– Student (F1 & J1)

– Temporary Worker (H’s, O’s, P’s, TN’s)

Illegal Status

• An alien who entered the U.S. illegally without the proper authorization or documents.

OR

• An alien who entered the U.S. legally but has violated the terms of the status for which they entered the U.S.

OR

• An alien who has overstayed the time limitation indicated on the visa documentation.

Basic Payment Rules

1. Establish relationship between (UCLA) and the individual.

2. The individual must be able to meet the “evidentiary” rules of the I-9 for employment.

3. If the employee will be entered on the UCLA Payroll Personnel System (PPS).

4. Only citizens, permanent residents, refugees, asylums and nonresident working and living outside of the US are exempt from completing GLACIER!

5. If employed, they must receive compensation for services rendered. No WOS** appointments or volunteers.

Payroll, A/P, BAR

WOS Appointments

• Emeritus Status (see APM-260)

• Clinicians (as approved by the Deans Office School of Medicine)

• O & H Affiliates (see notes)

• Specific Academic Titles (3228)

• Postdoctoral Scholars (3253/3254)

Eligibility for Payment

USCIS regulations establish 3 classes of aliens allowed to work and receive payment for their services in the US:

1. Aliens authorized to work incident to their immigrant status

2. Aliens permitted to work for a specific employer incident to their status (sponsored)

3. Aliens who must apply and obtain permission from USCIS in order to accept employment in the U.S.

Work Authorized Incident to Status (permanent, unrestricted employment)

• Includes:

– U.S. Lawful Permanent Resident

– Refugees

– Asylees

• Common evidence of work authorization:

– Permanent resident card (I-551 or stamp in passport)

– I-94 indicating refugee or asylee status

– Unrestricted Social Security card

Let’s look at some

documentation for this

group of people

ALIEN REGISTRATION RECEIPT CARD, Form I-151

• First introduced in 1946

• Green in color causing it

to become known as a

"green card.“

• As of March 20, 1996, the

I-151 is no longer

acceptable as evidence of

permanent residence.

http://www.fels.org/insforms/insdocs.htm

RESIDENT ALIEN CARD, Form I-551 Version #1

• Introduced in January

1977

• Contains bearer’s

photograph, signature

and fingerprint.

• No longer issued

RESIDENT ALIEN CARD, Form I-551 Version #2 (revised in Aug 1989)

• 1st Alien Registration Card to

contain an expiration date

on every card. The

expiration date indicates

when the card expires and

must be renewed. It does

not indicate that the alien’s

status has expired.

• Card is usually valid for ten

years from date of issue.

• January 1992 – card

modified by adding a white

box behind the fingerprint.

PERMANENT RESIDENT ALIEN CARD, Form I-551

Version #3

• Version #3 added Dec. 1997

• Differences to card

Front

• Change in card title to

PERMANENT RESIDENT CARD

• Three line machine readable zone

• Addition of a hologram.

Back

• An Optical Memory Stripe

containing encoded cardholder

information as well as a

personalized etching which

depicts the bearer*s photo, name,

signature, date of birth, alien

registration number, card

expiration date and card number

Introduced- May, 11 2010

Tighter integration of the card design with personalized elements will make

it difficult to alter the card if stolen.

Radio Frequency Identification (RFID) capability will allow Customs and

Border Protection officers at ports of entry to read the card from a distance

and compare it immediately to file data.

Finally, a preprinted return address will enable the easy return of a lost

card to USCIS.

PERMANENT RESIDENT ALIEN

CARD, Form I-551 Version #4

Where would I see the I-551 Stamp?

“UPON ENDORSEMENT

SERVES AS TEMPORARY

(I-551) EVIDENCING

PERMANENT RESIDENT

FOR 1 YEAR”

•I-551 Stamp will be located in the fold on the Visa

ENDORSEMENT

STAMP

Example of I-551 stamp in passport

•Note:

• Does meet Green Card test for residency for tax purposes

• Valid as documentation for List A item on I-9

• If no date present, the validity period is 1 year from the date they

entered U.S.

August 21 2010

Noncitizen National With a

U.S. Passport

A U.S. passport, current or expired, except limited passports (which are typically issued for short periods such as a year and which don’t receive as much scrutiny as a regular passport when applying). In the case of nationals who are not citizens, the passport will be stamped “Noncitizen National.”

Current U.S. Passport cover and open

Noncitizen National

Guam

Example of I-94 with Refugee Stamp

• May present the I-94

containing a refugee

admission stamp for

employment verification (I-9

process).

• After 90 days, the person

must present either an

unrestricted SS Card (along

with list B identify document)

or an USCIS Form I-766.

Department must re-verify

employment eligibility on I-9

form.

REFUGEE

See Notes for another example

Employer Specific Visa

Types

Employer Specific:

Temporary, Restricted

8 CFR Sec. 274a.12

Includes aliens in the following categories

• Diplomat dependents/governmental worker – A1

• Treaty Trader – E3

• Students – F1, J1

• Exchange Visitors – J1

• Temporary Workers – H1b, O1, O2, P1, P2, P3, TN

A-1- Foreign Diplomat

A-2 – Foreign Governmental

Worker

A-3 – Employee of Foreign

Government Official

A-1

Ambassador, Public Minister, Career Diplomat

or Consultant Officer

Duration of status not limited as long as the Secretary of State continues to recognize them as members of the diplomatic category.

Employment or Independent Personnel Services Immediate family members may be employed with prior permission from the Dept. of State (Protocol Div.). The principal A-1 may only be employed for a foreign government entity.

Study Restrictions may engage in incidental study

Travel Reimbursement (non-employee) permitted when expenses are fully substantiated with receipts***

Other Foreign Government Official, employee or immediate family


Employment or Independent Personnel Services Only immediate family members may be employed with prior permission from the Dept. of State (Protocol Div). EAD Card necessary.


Travel Reimbursement (non-employee) permitted when expenses are fully substantiated with receipts***

A-2

Dependents of Ambassador, Public Minister, Career Diplomat, Consultant Officer, Other Foreign Government Official or

employee


Employment or Independent Personnel Services Spouse and dependents may apply for EAD Card to work.

Study Restrictions part-time or full-time study

Dependents of A-1 & A-2

Attendants, Servants or other Personal employees

of foreign government


Employment or Independent Personnel Services May be employed by foreign government (240 Day Rule applies).


Travel Reimbursement (non-employee) To only be reimbursed by the A-1 Visa holder

A-3

E-1 Treaty Trader

E-2 Treaty Investor

E-3 Specialty Occupation

Treaty Trader*

Duration of status limited for a period of two years

Employment or Independent Personnel Services No EAD requirement but employment restricted to “incident to status”


E-1

E-2

Treaty Investor

Duration of status limited for a period of two years

Independent Pers. Service Payments The treaty trader can be hired as Independent Personal services as long as they are performing in the capacity to which they entered the U.S.


Dashew Contact: Sylvia Ottemoeller (310)825-1681

Australian national specialty occupation in:

Engineering, mathematics, architecture, social sciences, medicine and health, physical sciences, education, law, theology, business specialties, accounting

and the arts.

Duration of status E-3 nonimmigrant status is initially granted for a period of no more then two years. Extensions of stay may be granted indefinitely in increments not to exceed two years.

Employment or Independent Personnel Services No EAD requirement but employment restricted to “incident to status”


E-3

Dependents of Treaty Trader’s, Investor’s or Specialty Worker’s

Duration of status Two year limit.

Employment or Independent Personnel Services Must obtain employment authorization card, EAD. They will be authorized for employment for the period of admission and/or status of their spouses, but not to exceed two years. Dependents under 21 can not be employed

Study Restrictions may engage in part-time or full-time study

Dependents of Primary E’s

F-1 Student

F-2 Dependent of Student

F-1

Duration of status: Generally admitted for 5 years or as long as necessary to complete an approved course of study plus a grace period of 60 days.

Extension of F-1 status: timely file with International Office

Study Restrictions: Student must maintain a full-time course load during school year to remain US. Status is noted on an I-20

Travel Reimbursement: may receive reimbursement as long as individual maintains F1 status

Dashew Contact:Sam Nahidi or Tina Nguyen

Student

Employment For a UCLA F-1 Student

On-campus Employment Permitted if:

F1 student is in a full course of study which is 12 units

Or what the major requires (contact Dashew Center for this info.)

Employment is at UCLA. This includes UNEX students.

Employment does not exceed 20 hrs when school is in regular session

Employment can be up to 100% when school is not in session, if intending to enroll in next term

May not begin employment more than 30 days prior to the actual start of classes

May not be employed after completing a course of study, except employment granted under practical training

F-1 - Off Campus Employment

• May be granted as a Severe Economic

Hardship “if other employment opportunities

are not available or are otherwise insufficient”

• Must be recommended by Dashew Center to

USCIS

Contact Dashew Center

Sam Nahidi

or

Jimmie White

x51681

F-1 - Practical Training Employment

Curricular practical training (CPT) = an employment option available to F-1 students where the practical training employment is considered to be an integral part of the curriculum or academic program.

F1 student must be in status for at least 9 months prior to applying for CPT.

Employment must be directly related to the student’s field of study.

Workload limitations differ for undergrads and grads

Approval by sponsoring school’s responsible officer Dashew Center (DCISS) noted on page 3 of student’s I-20 Form

F-1 - Practical Training Employment

Optional practical training (OPT) = temporary employment

authorization that gives F-1 students an opportunity to apply

knowledge gained in the classroom to a practical work

experience off campus

Employment must be directly related to the student’s field of

study.

Maximum period is for 1 year*

Can be employed full time when school is not in session or after

completion of course requirements

Has obtained Approval by sponsoring school (Dashew Center)

noted on the student’s I-20 Form

Has obtained an (EAD) from USCIS

What is STEM

• STEM is a program for F1 students in Science,

Technology, Engineering and Mathematics

• STEM students have the opportunity to apply for

a 17 month extension of Optional Practical

Training

• The STEM extension gives employers two

chances at recruiting STEM degree holders in

transition to H1 status

Student Status and Registered Units in the EDB

PPIGEN0-I1197 EDB Inquiry 10/19/07 13:17:11

10/12/07 00:21:41 General Information 1 Userid: PPAUO

ID: S02222222 Name: FICA,STUDENT SSN: 054-44-4444 LAD: 12/08/07

Hm Dept: 352500 PAYROLL Emplmt Status: A Pri Pay: MO

Gen No : 0009 Date of Hire : 10/01/99 Lst Day on Pay:

Date of Birth : 02/21/74 Citizen : R Separation :

Sex : M Visa Type : F1 Sep Rsn/Dest :

Ethnic ID : F Work Perm End Date : 06/30/10 Antcptd Ret Dt:

Veteran Status: N U.S. Date of Entry : 03/31/99 LOA Beg :

Vet Disab Stat: N I-9 Date : 10/01/99 LOA Return :

Hdcp Status : N Oath Signature Date: LOA Type :

Stdt St/Units : 4/12.0 PIN Signature Date : Nx Sal Rev :

UI Code : N Fed Tx Marit/Allw : S 000 Nx Sal Rev Typ:

Retirement : N Fed Tax Max : 999 EREL/ERL/EUC : I/ /99

FICA Elig Cd : N Calif Tx Marit/Pers: S 000 EREP/ESH/EDUC : U/ /

Asgn/Drv BELI : 5/6 Calif Tx Item : 000 Other St Name :

Pay Disp : 3 Calif Max : 999 Other St CA Res :

APUC : Pr ID: Pr Name:

Next Func: ID: Name: SSN:

===>

F: 1-Help 2-Browse 3-PrevMenu

F: 9-MainMenu 12-Exit

Special Coding of Student Status and Registered Units codes in the EDB:

4/88.8 = Student is registered as a degree candidate and has paid the fee

N/99.9 = Units forced in PPS prior to pay compute when units info is not available in the SIS yet

IMPORTANT F1 Students must be enrolled as full time students. Confirm UCLA students with Registrar's Office. Confirm UNEX students with Student Services Dept. X50074

F-1 DOCUMENTATION

I-20

All F-1 Visa holders must check in with

Dashew Center to get registered with

SEVIS.

SEVIS I-20 The I-20 is issued to nonimmigrant students. This form along with the I-94 and unexpired foreign passport allows work authorization at the campus sponsoring the student. Work authorization is valid for as long as the student is in status.

REMINDER: If Section 2 on the I-20 indicates University Extension (UNEX), the hiring Dept. is responsible for verifying units each quarter.

Page 3 may include additional work Authorization (OPT or CPT,) transfer between schools, etc

Page 2 Instructions for I-20

Section 5: Work Permit End Date

F-1 D/S

SEVIS Number and Bar Code

Section 3: Sponsor

F-2

Duration of status: Granted to the spouse and/or minor children accompanying an F-1 student

Independent Pers. Services Payments: An F-2 may not accept employment or any funds while in the U.S.

Study Restrictions:

•The F-2 spouse may not engage in full time study, and the F-2 child may only engage in full time study if the study is in an elementary or secondary school.

•An F-2 spouse or F-2 child desiring to engage in full time study must apply for and obtain a change of nonimmigrant classification to F-1, J-1, or M-1 status

Dependent of Student

J-1 Exchange Visitor

J-2 Dependent of J-1

J-1 VISA CATEGORIES

STUDENTS / SCHOLARS • Professional trainees

(in med. fields)

• Visitors whose purpose is to

observe, consultant or participate

• Trainees

• Teachers

• Professors

• Research scholars

22 CRF SEC. 514

Mandatory SEVIS Reporting for

“J” Exchange Visitors

Effective February 4, 2004

• All new exchange visitors must report to the Dashew Center within 30

days of the Program Start Date shown on the DS-2019 Form (box #3), not

U.S. arrival date.

• They must bring their passport, DS-2019, and I-94 within 30 days of the

program start date.

• J-2 dependents who cannot report to Dashew Center; It is suggested that

the J-1 principal bring the dependents’ visa documentation.

• Failure to comply will result in serious consequences of J exchange

visitors falling out of their legal immigration status, and in termination

of the exchange visitor program.

Contact Dashew Center (310)825-1681 for more information

School of Medicine (310)825-7050 for more information

J-1 Student

Duration of status: for the duration of their full-time

academic program as noted on DS-2019.

Independent Pers. Services Payments: NOT

ALLOWED

Study Restrictions Must be enrolled full-time

Travel Reimbursement: may receive reimbursement as

long as individual maintains J-1 status as per UC policy

SEVIS DS-2019

Student

This is called the Certificate of Eligibility for an

Exchange Visitor . It allows visiting students and

scholars work authorization at the institute listed for

the period noted on the form, Section 3.

PETITIONER

WORK

AUTHORIZATION

DATES MUST BE

UNEXPIRED!

PURPOSE: IMPORTANT FOR TAX TREATY ELIGIBILITY

J-1

D/S

Student

Additional Work Authorization:

J-1 Students

• J-1 Students are required to obtain on-campus work authorization from DCISS if currently employed or seeking on-campus employment in the future. DCISS will then need to update employment information in SEVIS.

• Work authorization is given for maximum one year at a time. If employment continues after one year an extension can be requested within a month of the end date of the current work authorization. In order for Dashew to issue a work authorization letter, the request form should be completed and emailed to Tony Coelho at [email protected] or fax to 310.206.1612 attention “J-1 Advisor”. If employment changes at any time, another request form should be completed. Allow 3 business days to process.

• http://www.internationalcenter.ucla.edu/VisaServices.aspx?viewID=2&subviewID=1

J-1 – Student Employment

On-campus Employment Permitted if:

J1 student is in a full course of study is a minimum of 12 units for

Undergraduate students and 8 units for Graduate students

Employment is at UCLA.

Employment does not exceed 20 hr when school is in regular session

Employment can be up to 100% when school is not in session

May not begin employment more than 30 days prior to the actual start of

classes (initial hire)

J-1 Scholar

CONTACTS:

Shideh Hanassab X5-1681 Dashew Center

Julie Zamoyski X5-7050 School of Medicine

L.B. Tillakaratne (Tillak) X5-1681 Dashew Center

Duration of status admitted for a specific period of time to engage in a particular research or teaching activity as noted on the DS-2019

Employment or Independent Personnel Services UCLA listed as sponsor on DS-2019:Employment allowed up to the period indicated on the DS-2019

Non-UCLA sponsor listed on DS-2019: Incidental employment allowed if the category on DS-2019 is Professor or Researcher. Must have written permission from responsible officer sponsor prior to allowing employment.


Travel Reimbursement may receive reimbursement as long as individual maintains J-1 status.

SEVIS DS-2019

Scholar

This is called the Certificate of Eligibility for an Exchange Visitor . It allows visiting students and scholars work authorization at the institute listed

for the period noted on the form, Section 3.

PETITIONER

WORK AUTHORIZATION DATES MUST BE

UNEXPIRED!

PURPOSE: IMPORTANT FOR TAX TREATY ELIGIBILITY

Written approval (from the J1 sponsor) is required when paying a J1 visa holder that is not sponsored by UCLA

J-1

D/S

J-2

Spouse or Dependent of a J1 exchange visitor

Duration of Status: Period of program of J-1

Employment / Independent Personnel Services Payment for these type of services are allowed as reflected on an EAD.

Extension Rule: New current/unexpired EAD card needed

Study Restrictions: Full or part-time study

Travel Reimbursement: May receive reimbursement per UC Travel policy

H-1B Temporary

Professional and Specialty

Occupations

H-1B

Accounting

Architecture

The Arts

Business specialties

Education

Engineering

Law

Mathematics

Medicine

Health

Physical sciences

Social sciences

Theology

Professional Specialty Occupations:

H-1B

Professional Specialty Occupations

Duration of Status May stay for a period of three years. May renew to a period of six years. When applying for an extension, an implied 240 days can be granted.

Employment Based on the “incident to status”

Independent Personnel Services Not allowed.

Study Restrictions incidental study

Travel Reimbursement May receive reimbursement per UC Travel policy

H-1B DOCUMENTATION

Notice of Action (I-797) Issued by USCIS to H, O, & P visa types or TN status

In order to be paid at UCLA, UCLA must be listed as the petitioner

Note Petitioner

I-94 attached

Visa status and valid period of

work authorization noted here.

H-1 - Additional Rules

1. Extension Rule: 240 day work permit end date extension is granted if the application for H1B extension is timely filed by UCLA’s International Office.

2. Portability Rule: If UCLA is NOT the sponsor of the H1-B visa, but UCLA’s Int’l Office files to become the H1-B sponsor then the work authorization begins at the time of the new sponsor’s filing with USCIS and work authorization is extended 240 days from the date USCIS receives application of portability.

3. Affiliation Rule: If UCLA is NOT the sponsor of the H1-B visa then the petitioner of the visa must have a valid affiliation with UCLA. The employee may only receive funds from the petitioner of the visa; therefore, a standard payroll letter must be signed stating they understand and agree that no payment or compensation will be paid to them by UCLA.

Dashew Contact:Nino Abueg

DATE: _______________________

NAME; _______________________

ADDRESS: _______________________

_______________________

PHONE #: _______________________

EMAIL: _______________________

RE: An affiliated H1B Visa Holder that is not sponsored by UCLA or that UCLA is not the petitioner of and has a without salary appointment.

I, _____________________________, am at UCLA performing the following service:

____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________.

I will receive no compensation or reimbursement while at UCLA other than the amount that I receive from my HIB Sponsor, as noted on the “Notice of Action Letter.”

NAME (SIGNED) DATE

Example of

Affiliated H-1B

Visa Letter

This letter should be

on department

letterhead and

signed by the H1B

visa holder.

O-1 Person of extraordinary

ability in the sciences, education,

business or athletics

O-2 The support personnel

accompanying the O-1 visa

holders

O

Person of extraordinary ability in the sciences, education, business or athletics

Duration of Status Initial stay: 3 years as indicated on I-797 Total: initially admitted to the United States for the duration of the event, production or activity, not to exceed 3 years. An O-1 visa can be extended until the time the individual accomplishes the set task*. Employment** / Independent Personnel Services UCLA must be listed as sponsor on I-797. See sample in H-1b visa section

Study Restrictions incidental study

Travel Reimbursement May receive reimbursement per UC Travel policy

P’s Entertainers & Athletes

P’s

Internationally recognized artists, entertainers, or athletes who

enter to participate in a performance for an American employer.

Duration of status* Up to five years as an individual P-1. Allowed to stay in one year increments for all others P’s.

Employment** or Independent Personnel Services As long as UCLA is indicated as the sponsor on the I-797 and the performance requires the services of an individual of international quality. (See I-797 sample in H1b visa section).


Travel Reimbursement (non-employee) May receive reimbursement per UC Travel policy

TN - Trade NAFTA

TN

Individuals from Canada or Mexico who enter US under terms of

NAFTA agreement as temporary visitors, treaty traders,

investors, temporary workers, and professionals

Duration of status 3 years* and can be extended

indefinitely. This status is meant to be temporary

Employment As long as UCLA is indicated as the

sponsor on the I-94 or Notice of Action. Spouse may not

be employed.


Travel Reimbursement (non-employee) May receive

reimbursement per UC Travel policy

Requirements to Obtain TN Status

Requirements to Obtain Status: Per the guidelines set forth by The Western Hemisphere Travel Initiative (WHTI) obtain boarder crossing documents

Citizens of Canada

• A Request for a TN status

• A copy of the required qualifications (see NAFTA list)

• A job offer letter from UCLA that states 1 year to 3 years of employment.

Citizens of Mexico

• UCLA must file a labor condition application

• UCLA must file an I-129 “Petition for Immigrant Workers” • After petition has been approved, the visitor must apply for a non-

immigrant status at a US Embassy or Consulate in Mexico

TN DOCUMENTATION

I-797 or I-94

Notice of Action (I-797)

• Issued by USCIS to H, O, & P visa types or TN status

• In order to be paid at UCLA, UCLA must be listed as the petitioner

Note Petitioner

I-94 may have UCLA

designated on the back

Valid period of work

authorization. If petition to

extend work authorization is

filed prior to expiration,

individual will receive an

implied 240 days of work

authorization

Renewal Process

Citizens of Canada – May apply while in the U.S.

or reenter the US with updated documents

Citizens of Mexico – Repeat entire process

Extension Rule: 240 day extension in EDB if

TN extension is timely filed with UCLA’s

International Offices

Non-Employer Specific

Visa Types

K

K1 – Fiancé of a U.S. citizen who is entering the U.S. to

marry the fiancé

K2 – Unmarried minor children of K1 status

Duration of status: Status is valid 90 days from entry. Marriage must take place within 90 days or the K1 must leave the country. After the K1 marries, must file a separate petition to apply for conditional permanent resident and work authorization.

Employment/Independent Personnel Services Payments: Allowed with work authorization

Travel Reimbursement: May receive reimbursement

Education: No Restriction

M

M1 - Students who study in the United States at a vocational or other nonacademic institution. Duration of status: Students on an M-1 visa are admitted for one year or for the period necessary to complete their course of study plus 30 days to depart, whichever is less.

Employment: M-1 students may not work, except for practical training, for which approval from USCIS is required.

Independent Personnel Services: Not Allowed

Travel Reimbursement: may receive reimbursement as it relates to approved work authorization

T

T-1 – Victim of a severe form of trafficking in persons

T-2 – Spouse of T-1

T-3 – Child of T-1

T-4 – Parent of T-1

Work Authorization: EAD Card

Duration of status: May apply for lawful permanent

residence status or for an immigrant visa.

V

V1 – Spouse of a lawful permanent resident

V2 – Unmarried child (under the age of 21) of a lawful

permanent resident

V3 – The child or either a V-1 or a V-2 non-

immigrant

Work Authorization: EAD Card

Duration of status: The spouse or child can remain in

the US while they wait until they are able to apply for

lawful permanent residence status or for an immigrant

visa.

An alien allowed to enter the U.S. under emergency purposes or when that alien’s entry is determined to be in the public interest.

6 Categories to classify parolees are: 1. Port of entry parole

2. Advance parole

3. Deferred inspection parole

4. Humanitarian parole

5. Public interest parole

6. Overseas parole

Employment: Must satisfy the requirement of the I-9 Form

Independent Personnel Services: Must have authorization to receive

payment

Travel Reimbursement: May receive reimbursement per UC Travel

Policy

Parolee (PIP)

A temporary immigration status granted to eligible

nationals of designated countries.

TPS beneficiaries may obtain work authorization for

the initial TPS period and for any extensions of the

designation.

Work authorization will be evidenced on an EAD

Does not lead to permanent resident status.

When the TPS designation ends, beneficiaries will

return to the same immigration status they had

before the TPS.

Temporary Protected Status (TPS)

Public Interest Parole (PIP) & Temporary Protected Status (TPS)

While these statuses allow entry into the U.S., they are not

guarantees of work authorization. Visitors must apply for

work authorization.

There a special provision for certain countries (e.g.

Hondurans & Nicaraguans). Call Payroll Services if you have

any questions.

TPS

Non-Employee

Visitors

B1 - Visitors for Business

B2 - Visitors for Pleasure

WB - Waiver Visitor for Business

WT - Waiver Visitor for Pleasure

B-1

Visitor who enters the US for Business

Duration of status: 6 months or less upon entry (see I-94). May be extended by USCIS for additional 6 months.

Employment*: NOT ALLOWED

Independent Personnel Services: May only receive a one time service payment if all criteria of the American Competitiveness Workforce Act* are met.

Travel Reimbursement: May receive reimbursement per UC Travel policy

B-2

Visitor who enters the US for pleasure or medical treatment

Duration of status 6 months or less upon enter (see I-94). May be extended for additional 6 months.

Employment* NOT ALLOWED

Independent Personnel Services: May only receive a one time service payment if all criteria of the American Competitiveness Workforce Act are met.

Travel Reimbursement May only receive reimbursement if all criteria of the American Competitiveness Workforce Act are met.

WB

Visitor who enters the US for Business

Duration of status: 90 days or less upon date

entered (see I-94). Extension can not be extended.


Independent Personnel Services: May only receive

an payment if all criteria of the American

Competitiveness Act are met.

Travel Reimbursement: May receive

reimbursement per UC Travel policy

WT

Visitor who enters the US as a Tourist

Duration of status: 90 days or less upon enter (see I-

94).


Independent Personnel Services: May only receive a

payment if all criteria of the American

Competitiveness Workforce Act are met.

Travel Reimbursement: May only receive a Travel if

all criteria of the American Competitiveness

Workforce Act are met.

Miscellaneous Status’

Since UCLA does not sponsor the following visa statuses visitors with one of these statuses

can not be employed or paid as an independent contractor. They may be reimbursed for travel expenses.

C,D,G,I,L,R,S

The following dependent status cannot be employed or paid as an independent contractor. They may be reimbursed for travel expenses.

H4, O3, P4 and TD

Who Must apply for Work Authorization? (temporary, unrestricted employment)

The following statuses must apply to USCIS to

be work authorized:

A2, E2, F1 on OPT, K1, K2, K3, K4, L2, M1, S-6,

S-7, T-1, T2, T3, T4, U2, U3, U4, V1, V2, V3

If approved, the USCIS will issue an Employment

Authorization Document (EAD).

USCIS Process of issuing EAD

1. EAD Card: Evidentiary document that provides work authorization

for 1 year increments.

2. 2 YEAR EAD: Evidentiary documentation that provides work

authorization for 2 year increments. Issued to pending permanent

residents

3. Replacement EAD: This document replaces a lost, stolen, or

mutilated EAD. A replacement EAD also replaces an EAD that was

issued with incorrect information, such as a misspelled name

4. Renewal EAD: This is evident of extension of work authorization.

5. Interim EAD: This is granted to individuals who have applied for

extension 90 days prior to the expiration date of their current EAD

Card. Remember, this is for an extension only of current status

and application has not been adjudicated.

Renewal of the EAD

• Renewal EAD: The card holder needs to apply for an extension at least 90* days prior to the expiration date of their current EAD card.

• Interim EAD: If USCIS does not adjudicate the EAD application within 90* days from the date they filed their properly completed, then USCIS must issue an interim EAD document

* To ensure processing by USCIS we recommend that the renewal process start 120 days prior to the expiration date of the current EAD card.

Sample Timeline Renewal for EAD

• If Current EAD Expiration Date:

February 28th, 2014

• Apply for Renewal of EAD no later than:

November 28th, 2013

Use InfoPass to obtain appointment

http://infopass.uscis.gov/

I-766 FORM – 1997 Version Issued January 1997 to replace I-688B

• Looks like a credit card, tamper proof.

• Can be used as a List A document for the I-9 form

NOTE: Expiration Date CARD VALID FROM 05/13/08 EXPIRES 05/13/10

Employment Authorization

Card (EAD)

Issued June 2004

Looks like a credit card

Card includes a magnetic strip, two dimensional bar code and other features that can be used in a forensic examination (hologram)

Can be used as a List A document for the I-9 form

All references to the former INS has been eliminated.

Only markings that identify it as a DHS and USCIS document are included.

FRONT HOLOGRAM BACK

I-766


Card (EAD) I-766

Issued May 11, 2010

Had a machine-readable zone on the back of the card.

Old Card Design

New Card Design


Card (EAD) I-766

Issued October 30, 2012

• WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director

Alejandro Mayorkas today announced the launch of an enhanced Employment

Authorization Document (EAD) and a redesigned Certificate of Citizenship

(Form N-560) with new features to strengthen security and deter fraud.

Latest version

Front of Card Back of Card

Certificate of Citizenship Form N-55

New Features:

• Candidate’s digitized

photo and signature

embedded into the

document.

Unacceptable Documentation

•All expired documentation is unacceptable

•The following Employment Authorization

Documents are invalid for work purposes:

•Form I-688

•Form I-688A; and

•I-688B

Reasons for USCIS to issue an EAD

CHART

TIME

THE EAD

CARD

Maintaining Lawful Status

Since the status indicates the purpose for which an

alien enters the US, it is critical that the status is

maintained. If not maintained then:

• It will interrupt the activities that the alien is

participating in. (e.g. termination of employment)

• Can cause serious consequences for the alien and

UCLA. (e.g. financial penalties, deportation, and a

termination of UCLA’s visa programs)

Violations to watch out for

1. Violation of Status – participating in an

activity that violates the terms of the visa

classification.

2. Overstay – remaining in the U.S. beyond

the date indicated on the I-94.

Extensions and Changes of Status

Extension Of Status (EOS) – indicates that a non-immigrant has applied and received an extension of the duration that they may stay in the US.

Change Of Status (COS) – indicates that a nonimmigrant has applied and received a change from one nonimmigrant classification to another nonimmigrant classification.

From To

J1 H1

Adjustment to Status (AOS)

Adjustment Of Status (AOS)– The process in which an nonimmigrant becomes an immigrant (US lawful permanent resident) without leaving the United States.

H1B PR

How to become a

Permanent Resident – In Brief

1. USCIS must approve an immigration petition

(Form I-864) filed by an employer or relative

2. An immigrant Visa Number is then granted

3. Apply to adjust to permanent resident status

(Form I-485)

4. Once eligibility is granted, apply for work

authorization (Form I-765)

For more information: www.uscis.gov/

8 CFR § 245.

http://www.uscis.gov/

immediate relatives of UScitizens

family-sponsored

emploment based

refugees/asylees

other

diversity

parolees

Legal permanent residents in the U.S. fall

into 1 of these categories in 2011

United States. Department of Homeland Security. Yearbook of Immigration Statistics. 2011.

Washington, D.C.: U.S. Department of Homeland Security, Office of Immigration Statistics,

2012.

42.67%

22.12%

13.12%

10.64%

6.62%

4.72%

0.11%

employment based

Point to Remember

When in doubt about what type of status a visitor

will need or how to renew status, call one of the

International Offices for assistance

Campus

Dashew Center (DCISS) (310) 825-1681

Dean's Office School of Medicine

Visa & Licensing Office (310) 825-2906

The End

You are now an expert on immigration rules

that relate to foreign visitors at UCLA!