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 Payroll, A/P, BAR 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.
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) • 1 st 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
PERMANENT RESIDENT ALIEN CARD, Form I-551 Version #4 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.
Where would I see the I-551 Stamp? • I-551 Stamp will be located in the fold on the Visa ENDORSEMENT STAMP “UPON ENDORSEMENT SERVES AS TEMPORARY (I-551) EVIDENCING PERMANENT RESIDENT FOR 1 YEAR”
Example of I-551 stamp in passport August 21 2010 • 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.
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 .” Noncitizen National Guam Current U.S. Passport cover and open
Example of I-94 with Refugee Stamp • May present the I-94 containing a refugee 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. 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***
A-2 Other Foreign Government Official, employee or immediate family 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 Only immediate family members may be employed with prior permission from the Dept. of State (Protocol Div). EAD Card necessary. Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) permitted when expenses are fully substantiated with receipts***
Dependents of A-1 & A-2 Dependents of Ambassador, Public Minister, Career Diplomat, Consultant Officer, Other Foreign Government Official or employee 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 Spouse and dependents may apply for EAD Card to work. Study Restrictions part-time or full-time study
A-3 Attendants, Servants or other Personal employees of foreign government 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 May be employed by foreign government (240 Day Rule applies). Study Restrictions may engage in incidental study Travel Reimbursement (non-employee) To only be reimbursed by the A-1 Visa holder
E-1 Treaty Trader E-2 Treaty Investor E-3 Specialty Occupation
E-1 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” Study Restrictions may engage in incidental study
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. Study Restrictions may engage in incidental study Dashew Contact: Sylvia Ottemoeller (310)825-1681
E-3 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” Study Restrictions may engage in incidental study
Dependents of Primary E’s 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
F-1 Student F-2 Dependent of Student
F-1 Student 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
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: IMPORTANT Special Coding of Student Status and F1 Students must be enrolled as full Registered Units codes in the EDB: ===> F: 1-Help 2-Browse 3-PrevMenu time students. 4/88.8 = Student is registered as a F: 9-MainMenu 12-Exit degree candidate and has paid the fee Confirm UCLA students with Registrar's Office. N/99.9 = Units forced in PPS prior to pay compute when units info is not Confirm UNEX students with available in the SIS yet 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.
The I-20 is issued to nonimmigrant students. This form along with the I-94 and unexpired foreign SEVIS I-20 passport allows work authorization at the campus sponsoring the student. Work authorization is valid for as long as the student is in status. Section 3: Sponsor SEVIS Number and Bar Code Page 3 may include additional work Authorization (OPT or CPT,) transfer between schools, etc Section 5: Work Permit End Date Page 2 Instructions for I-20 F-1 D/S REMINDER: If Section 2 on the I-20 indicates University Extension (UNEX), the hiring Dept. is responsible for verifying units each quarter.
F-2 Dependent of Student 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
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
This is called the Certificate of Eligibility for an SEVIS DS-2019 Exchange Visitor . It allows visiting students and Student scholars work authorization at the institute listed for the period noted on the form, Section 3. PETITIONER PURPOSE: IMPORTANT FOR TAX TREATY ELIGIBILITY Student WORK AUTHORIZATION J-1 DATES MUST BE UNEXPIRED ! D/S
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 acoelho@saonet.ucla.edu 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 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. Study Restrictions may engage in incidental study Travel Reimbursement may receive reimbursement as long as individual maintains J-1 status. CONTACTS: Shideh Hanassab X5-1681 Dashew Center Julie Zamoyski X5-7050 School of Medicine L.B. Tillakaratne (Tillak) X5-1681 Dashew Center
This is called the Certificate of Eligibility for an SEVIS DS-2019 Exchange Visitor . It allows visiting students and Scholar scholars work authorization at the institute listed for the period noted on the form, Section 3. PETITIONER PURPOSE: IMPORTANT FOR TAX TREATY ELIGIBILITY WORK AUTHORIZATION J-1 DATES MUST BE UNEXPIRED! D/S Written approval (from the J1 sponsor) is required when paying a J1 visa holder that is not sponsored by UCLA
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 Professional Specialty Occupations: Accounting Mathematics Architecture Medicine The Arts Health Business specialties Physical sciences Education Social sciences Engineering Theology Law
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 Visa status and valid period of work authorization noted here. I-94 attached
H-1 - Additional Rules Extension Rule : 240 day work permit end date extension is 1. granted if the application for H1B extension is timely filed by UCLA ’ s International Office. Portability Rule : If UCLA is NOT the sponsor of the H1-B visa, 2. 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: _______________________ _______________________ Example of PHONE #: _______________________ EMAIL: _______________________ Affiliated H-1B RE: An affiliated H1B Visa Holder that is not sponsored by UCLA or that Visa Letter UCLA is not the petitioner of and has a without salary appointment. I, _____________________________, am at UCLA performing the following service: ______________________________________________________________ ______________________________________________________________ ______________________________________________________________ This letter should be ______________________________________________________________ ____. on department letterhead and 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 signed by the H1B Letter.” visa holder. NAME (SIGNED) DATE
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). Study Restrictions may engage in incidental study 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. Study Restrictions may engage in incidental study 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 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 I-94 may have UCLA designated on the back
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.
Parolee (PIP) 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
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