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District Court Allows DOL to Continue Processing Certifications for H-2B Program and USCIS Resumes Premium Processing for H-2B Petitions
District Court Grants DOL an Extension for H-2B Program
On April 15, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting the U.S.
USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015
Petitioners are Reminded to Follow Regulatory Requirements
Form I-90, Application to Replace Permanent Resident Card is Now Available in the USCIS Electronic Immigration System (USCIS ELIS)
The Form I-90, Application to Replace Permanent Resident Card is now avail
USCIS Posts Updated L-1B Adjudications Policy for Public Feedback
District Court Grants DOL Motion Concerning H-2B Program
On March 18, the federal district court in the Northern District of Florida granted a motion filed by the Department of Labor (DOL) effectively permitting DOL to restart its issuance of temporary l
USCIS Resumes H-2B Adjudications; Premium Processing Remains Suspended
Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice.
USCIS Temporarily Suspends Adjudication of H-2B Petitions Following Court Order
As of March 5, 2015, U.S.
DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence
WASHINGTON – U.S.
Customer Service Tools Unavailable Feb. 14, 9 a.m. - 6 p.m.
USCIS will conduct system maintenance from 9 a.m. to 6 p.m. (Eastern) on Saturday, February 14.
During this time, our online tools will be unavailable, including:
Help Us Build Your Customer Service Tools
Due to recent processing trends, H-1B visas for international faculty and professionals holding foreign degrees may need to be accompanied by professional credential evaluations of the degree's U.S. equivalent. If the beneficiary does not have such an evaluation, the Office of General Counsel will engage an outside contractor to perform the evaluation - the cost of which must be borne by the department ($85 non-rush, $275 rush).
Please make sure that if your visa needs to be renewed this year, you are as responsive as possible to any requests for information from the Office of the General Counsel. An H-1B visa can be renewed up to 6 months before it is going to expire.
Welcome to Immigration Services at Kent State University!
The Office of the General Counsel currently coordinates the petitioning for H, O, and other nonimmigrant visas needed by certain international faculty and professionals for employment at Kent State University. Our office also provides employment-based permanent residency petitioning for full-time employees of the University upon approval from the employing department. The purpose of this site is to provide educational materials, immigration updates, and - most importantly - access to the tools and forms used by the Office to assist the University in its immigration needs. Our office also coordinates with the Office of Global Education on policy and regulatory interpretations. The Office of Global Education provides international student and scholar services for the University community and coordinates the filings for F and J visas.
WE ARE NOW USING A REVISED H-1B PETITION REQUEST FORM. PLEASE SEE BELOW. The Older version will no longer be accepted.
While our office can provide limited guidance on issues regarding dependents, our office does not file the necessary petition for change of status or extension of status for dependents (i.e. I-539). The university faculty or staff member is responsible for those filings, however, our office will accept dependent petitions to accompany our filings on behalf of the university faculty or staff member.
This site will continually be updated when possible in order to provide the most comprehensive immigration services to our University. If you have any suggestions, please email the site administrator at email@example.com, with "Immigration Services" in the subject header.
Guidelines for University Sponsorship of Employment-Based Permanent Residency options can be found here.
NOTICE: I-94 AUTOMATION!
On April 30, 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94, Arrival/Departure Record, process at air and sea ports and will expand the automated process nationwide to all air and sea ports of entry by the end of May. CBP officers will no longer provide a paper Form I-94 to travelers but will provide travelers with instructions on how to obtain their Form I-94, if needed. CBP will continue to provide the paper Forms I-94 to certain classes of aliens arriving to the United States by air or sea, such as refugees, certain asylees and parolees, and whenever CBP determines the issuance of the paper Form I-94 is appropriate. Additionally, U.S. Citizenship and Immigration Services (USCIS) will continue to issue the paper Form I-94 to aliens who are already in the United States.
How will this affect Employees?
Employees will need to print out a hard copy of their Form I-94 from the CBP website at www.cbp.gov/I94 if they wish to present it for Section 2 of Form I-9.
Employees who provide an Alien Registration Number or USCIS Number in Section 1 do not need to provide their Form I-94 admission number or foreign passport information in Section 1.
On the current version of Form I-9 (03/08/13)N employees who provide their Form I-94 Admission number in Section 1 of Form I-9, will either:
Record information about their foreign passport they used to enter the United States if they obtained their I-94 Admission number from CBP (whether directly or from the CBP website) in connection with their arrival in the United States. Below is an example of the new Electronic I-94 Admission Number; OR
Write “N/A” in the foreign passport fields if they obtained their I-94 Admission number from USCIS within the United States or they entered without a Foreign Passport.
LECTURERS and BUSINESS VISITORS
Occasionally, departments may have international guests come to campus to conduct or attend a workshop, conference, present a lecture, observe, or conduct independent research for a short period of time. An International visiting for the purposes of engaging in temporary academic, educational, or professional activities as described above, may not need for Kent State to sponsor an H-1B visa. However, any visa consideration should always be made well in advance so find out all relevant information as soon as possible!
The B-1 business visitor category is not appropriate for visitors engaging in active in-lab research or collaborative activities. Visitors involved in exchange programs, formal collaboration between institutions, or joint research projects from which Kent State will benefit should use the J-1 Exchange Visitor visa and should contact the Office of Global Education, International Student and Scholar Services at 330-672-7980.
Visa Waiver Program
Some internationals from countries listed as part of the U.S. Department of State Visa Waiver Program won’t need to obtain a visa to enter the United States as a B-1 visitor. A list of the countries included in the visa waiver program can be found here: http://www.travel.state.gov/visa/temp/without/without_1990.html#countries
Visitors from countries included in the visa waiver program will not need to visit a U.S. Embassy or Consulate prior to entering the U.S. However, upon entry to the U.S. they will be required to present:
Letter of Invitation from Kent State University (Similar to the B-1 letter provided for below)
Visitors traveling under the Visa Waiver Program must register for travel authorization on the Department of Homeland Security's Electronic System for Travel Authorization (ESTA) Website. Registration must be submitted at least 72 hours prior to travel.
Their passport and their I-94 card will be stamped indicating their immigration status and length of stay allowed in the U.S. When entering the U.S. under the Visa Waiver program the international will be given a green I-94 card and an extension of their stay after entering the U.S. will not be permitted.
B-1 Business Category
Visitors from countries not included in the visa waiver program will need to visit a U.S. Embassy or Consulate in order to obtain a B-1 before boarding a plane to enter the U.S. The visitor should check the U.S. Embassy or Consulate’s web site to see what specific documents they will need to take to their visa appointment. They can find this information at the U.S. Department of State web site here: http://www.usembassy.gov/. The person must enter on a B-1 visa or have similar work authorization in order to be eligible for payment of the honorarium and reimbursable travel expenses.
After obtaining the visa and upon entry to the U.S. they will be required to present:
- Valid passport
- Valid B-1 visa stamp in passport
- Letter from Kent State University (SAMPLE LETTER)
Their passport and I-94 card will be stamped indicating their immigration status and length of stay allowed in the U.S. When entering the U.S. under the B-1 visa the international will be given a white I-94 card and an extension of their stay beyond their original intent will be allowed.
Academic honorarium payments and reimbursement for incidental expense are allowed. Please keep in mind that when a visitor arrives in the B-1 category that Honorarium payments are allowed only as long as the academic activity at Kent State University for which an honorarium is paid is no longer than 9 days, and the visitor has not accepted honoraria from more than five institutions or organizations within a 6 month period. The lecturer or business visitor will need either a social security number or an individual tax identification number (which must be applied for through the IRS). Please contact the Kent State University Tax Manager at 330-672-8622 to ensure the appropriate paperwork is completed prior to the date that the lecturer will arrive.
It is important to prepare for a B-1 visitors as far in advance as possible. It is very possible that there could be a delay at the port-of-entry (for visa waiver eligible lecturers) or a long wait time at the U.S. Embassy in his/her home country. To see current wait times for getting a visa interview appointment and for visa processing at each U.S. consulate or embassy, refer to the U.S. Department of State Visa Wait Times. B-1 visitors should plan to obtain their visa stamp well ahead of their visit to the U.S. It is recommended that a visa is obtained prior to booking an airline flight.
As an H-1B/H4, you are able to attend school part-time or full-time, providing (for H-1Bs) it does not interfere with your primary purpose of working in the U.S. However, a situation may come along when you have a valid reason to change to a F-1 visa (i.e. you're admitted to a full-time academic program at a school that can issue a Form I-20), such as:
- An offer of a graduate student assistantship by the school you will attend;
- A written request from your sponsor requesting your change to F-1;
- Your H-1/H-4 status is expiring and/or you want to complete another degree; or
- You are turning 21 and can no longer remain an H-4 dependent of your H-1B parent.
You need to first obtain the Form I-20 from the school you are going to attend, and pay the SEVIS fee. After receiving your Form I-20, you can either choose to engage in consular processing OUTSIDE of the United States (in which case you will re-enter as a F-1 visa holder); or
You can petition for a change of status INSIDE the United States by sending a request to USCIS prior to the expiration of your current status. Such request should include the following:
- Cover Letter explaining the change of status (i.e. your current status and why it is necessary to change).
- A completed Form I-539 and filing fee (currently $290). You can get the form here.
- Receipt for paying the SEVIS I-901 Fee.
- Original Form I-20 signed and dated by you and issuing school.
- Copy of the front and back of the Form I-94 card (remember, you should always print out your I-94 from this website upon re-entry).
- Financial verification (same as provided when applying for your I-20).
- If in H-1B status, copies of all I-797 approval notices. If in H-4 status, copies of spouse/parent's I-797 approval notices for his/her H-1B status, copies of both sides of the I-94 card, and copies of any I-797 from your H-4 status.
- A letter from the employer confirming that the H-1B is still employed.
- Copies of the information and picture pages of each individual's passport.
The Form I-539 may also be filed electronically here. If filing through traditional mail, a common suggestion is to send it via your preferred tracking method and with "delivery confirmation." For all processing timelines, please go to www.uscis.gov (as these change constantly).