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Application H1b

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					                                          H-1B APPLICATION INSTRUCTIONS
Please forward all items listed to the Office of International Education, Attention: H Advisor. Email: sphaagen@uga.edu
phone: 706-425-3154.

____ H-1B Data Sheet.
____ ISSIS Processing Fee Authorization Form (page 2 in packet).
____ Statement of UGA Actual Wage System (page 7-8 in packet).
____ Provide job description, posting or advertisement with minimum job and educational qualifications.
____ Copy of original job offer letter.
____ Departmental letter on behalf of employee (sample on page 9 in packet).
____ Copies of all current and previous USCIS (Immigration) and Department of State (DOS) forms.
        H status: current and previous I-797 forms.
        F status: all I-20’s issued and EAD card(s) for OPT if applicable.
        J status: all DS 2019’s and any IAP 66’s (old versions of DS 2019), letters authorizing Academic
                    Training and waiver of 2-year home residence if applicable.
        J-2 status: include copy of any EAD cards.
____ Copy of current visa and passport ID page.
____ List of all periods during which the applicant has been employed in the US.
      Include: visa classification for each period of employment, exact dates of employment, and employer’s
      name (periods of on campus employment and assistantship time should be listed).
____ Copy of resume
____ Copy of educational documents
     Please Note: a copy of the transcript, if available, and the diploma for the highest degree received must
     accompany the H application. If the diploma is not yet available, please obtain letter from the registrar
     confirming completion of the degree and date degree will be awarded along with the transcript.

     If the highest degree is from an institution outside of the US, a credential evaluation is required. Please see the
     credential evaluation section located below the H applications on our web site. If the educational
     documents are in a language other than English, a translation will be required to accompany these
     documents.
____ Clear copy of front and back of I-94 (white card in passport). Make sure the copy shows the information
     stamped with red ink in the upper right corner.
____Check payable to Department of Homeland Security in the amount of $320.00.
____Check payable to Department of Homeland Security in the amount of $500.00
____This application will be expedited

INFORMATION FOR DEPENDENTS
If the applicant is coming directly from overseas no additional immigration documents will be needed for their dependents
to obtain a visa to accompany them. If the applicant’s dependents are currently in the US then change of status
applications will need to be filed for them. All applications will need to be forwarded to USCIS at the same time. USCIS
form I-539 will be needed for the dependents, copies of I-94 cards, marriage and/or birth certificates, visa and
passport ID page, H-4 approval notices (if applicable), and a letter from the applicant stating his/her willingness and
ability to support all dependents for the duration of their stay within the United States, and a check, in the amount of
$300.00 USD also payable to The Department of Homeland Security. An instruction sheet for completing the form I-539
found at www.uscis.gov is included in this packet.




        Rev. 01/31/08                                   Page 1 of 10
                                      ISSIS Processing Fee (H-1B)
To be completed by department:

__________________________________________________________                  ________________________________
Full Name of International (as it appears on request form)                       Country of Citizenship

__________________________________________________________                   ______________________________
Department Name                                                              Three-digit Department Number

__________________________________________________________                   ______________________________
Department Address                                                           Department Contact Name

__________________________________________________________                   ______________________________
Contact Email Address                                                        Contact Phone Number

Type of Service Requested:
        Initial H-1B Application         $750.00
        Extension H-1B Application       $450.00
        Amendment H-1B Application       $750.00
        Transfer H-1B Application        $750.00                    Total: ___________________

The Department understands that it will be billed by International Student, Scholar & Immigration Services of the
Office of International Education for processing of this request. By signing this form, the Department agrees to pay
the ISSIS Processing Fee(s) associated with this request. The Department understands that these processing fees
are in addition to fees assessed by various units of the Federal Government which must be paid separately. The
Department further understands that fees paid to International Student, Scholar & Immigration Services are for
service. International Student, Scholar & Immigration Services cannot guarantee the outcome of any application
made to the Federal government.

Department Head ____________________________________________________________________________
                    Name                             Signature                        Date

Dean/VP             ______________________________________________________________________________
                           Name                            Signature                        Date



To be completed by OIE Advisor:                              Notes:
Date received: ___________________________                   _________________________________
                                                             _________________________________
Confirmation of Service:
                                                             _________________________________
       Initial H-1B Application          $750.00
       Extension H-1B Application        $450.00             _________________________________
       Amendment H-1B Application        $750.00
       Transfer H-1B Application         $750.00                    Total: ___________________

OIE Advisor _____________________________________________________
                     Print Name and Signature


To be completed by OIE Accountant:

Date Received: ___________                                          Invoice Number _____________

    Rev. 01/31/08                                    Page 2 of 10
                                          OFFICE OF INTERNATIONAL EDUCATION
                                                H1-B1 DATA SHEET
                  The following information is needed to complete the documents for H-1B employment.
Departmental Information-should be completed by hiring         faculty member
_______________________________________________________________________________________
Last Name (faculty member or dept head)            First Name

_______________________________________________________________________________________
Title                                       Department

Phone_____________________         Fax_____________________           E-mail___________________________

Departments need to be aware of the following items when requesting an H-1B visa for a prospective employee.
Failure to comply with these Federal regulations could cause the hiring department to be liable for monetary
penalties imposed by Federal agencies. Please read, check each box that you understand the requirements, and sign
on the bottom.

   •   Request only a period of employment for which you currently have funding.
   •   Maximum initial period of employment is 3 full years or any period up to the initial 3 years, which may be
       renewed for an aggregate total of 6 full years.
   •   The department will be responsible for posting the labor condition notice forwarded to them by the OIE for a
       period of 10 working days.
   •   The prospective employee cannot begin employment or volunteer in the position until the H-1B approval or
       transfer has been received.
   •   If you plan to extend the period of employment, please contact OIE 3-4 months in advance of the expiration date.
       Should you need to terminate an employee PRIOR to the period of stay requested due to lack of funds or poor
       performance, the department will be responsible for the individual’s return transportation to their home
       country.
   •   I understand that after initial approval of the H that any change in title, job duties, pay or work hours must be
       reported to OIE in advance. I understand that these changes may require filing an H amendment application.
   •   I understand that it will take 4-5 weeks from the date of receipt in the OIE for the documents to be processed
       and submitted to the USCIS (Immigration). OIE is not responsible for USCIS processing time.

   _______________________________________________________________________________
   Signature of employing faculty member/dept head                 Date

   Please list an alternate person we should use as a main contact for information regarding this application.
   _______________________________________________________________________________
   Last name                                    First Name
   ____________________________________________________________________________
   Phone                          Fax                         Email
   Add Department contact to listserv for H1B information and updates? Yes No
   Add Hiring Faculty member to listserv for H-1B information and updates?       Yes No
   Indicate if copies of H-1B petition, once completed should be      Sent via campus mail to department
                                                                      Picked up by department
   Department's        UPS or    Fedex account #                     (This is needed to mail the application to USCIS)



       Rev. 01/31/08                                  Page 3 of 10
    JOB INFORMATION (not employee’s experience; to be completed by DEPARTMENT)

  Name of employee_______________________________________________________________

  Job title (as listed at UGA) _________________________________________________________

  Position Number: _________________________________________________________________

  Non-technical description of job (3-4 words, only) ______________________________________

  Department where employee will perform job duties? ___________________________________

  Department Number: ______________________________________________________________

  Department address where duties will be performed: _____________________________________

  Is this a full time position? □Yes □No {If no, # of hrs/wk____}

  Actual wages per year $_________

  Dates of intended employment in H-1B status: From (M/D/Y) ___________ To (M/D/Y) ____________

  Minimum degree & field of study required for this position: ____________________________________

  Years of experience required in a similar position: _____      Supervise other? □Yes   □No

  If yes, list positions supervised and how many people:_________________________________________

  Does this position fire or hire employees? □Yes □No Complete evaluations? □Yes               □No

  Does this position make salary recommendations? □Yes □No

  Is there additional training needed to perform this job outside of degree training? If yes, please list.
  _____________________________________________________________________________________

  Is this position an entry-level position? □Yes   □No If no, how many yrs exp. required? _________

  Is the employee currently employed at UGA in this position? □Yes □No If yes, how may years? ___

  Will employee receive UGA benefits? □Yes         □No       Is the rate of pay hourly? □Yes    □No

  Is the work schedule the same as similarly employed individuals? □Yes □No

  Is this position a temporary worker as defined by UGA? □Yes □No

  Will this person’s employment negatively affect U.S. workers in the department? □Yes □No


PLEASE REMEMBER TO ATTACH A JOB DESCRIPTION /ADVERTISEMENT OR
HUMAN RESOURCES POSTING FOR THE POSITION



      Rev. 01/31/08                                      Page 4 of 10
EMPLOYEE DATA (to be completed by the prospective EMPLOYEE)

Family Name: ______________________ Given Name: ____________________ MI: ________

Date of Birth: ______________________ Country of Birth: ______________________________

Country of Citizenship: ____________________ Phone number: ____________________

City of Birth: ____________________________         Country of Birth: _________________________

Social Security Number: __________________          A#: __________________________________

Foreign Address: ________________________________________________________________

Email address: _________________________________________

Academic degrees that have been obtained □ bachelors □ masters         □ doctorate

Country where highest degree was obtained: ________________________ Field of study: ________________

Has your department or anyone ever filed an immigrant visa for you? □Yes □No

Valid passport? □ yes □ no

If this is for a new H-1 employment at UGA has this person ever been in H1B status? □ Yes □No

Has this person ever been denied an H-1B visa?     □ Yes □ No


PURPOSE OF REQUEST

Specify basis for classification and requested action below:

□ Outside the US and needs to obtain visa at US consulate. City and Consulate where visa will be obtained:

_________________________________________________________________________________________

□ In the US in another lawful status and needs to change status

□ Currently in H-1B status at UGA and needs to extend or amend stay. Receipt #: ______________________

□ Currently in H-1B status at another institution and needs to amend stay. Receipt #: ___________________


CURRENT STATUS (complete if in the US)

Current Non-Immigrant Status: ___________________________ Expires: __________________________
   1. If currently on Optional Practical Training, when does the EAD card expire? _________________
   2. If currently on Academic Training, when does the permission to work expire? ________________
   3. Are you currently or have you ever been in J status? □ Yes □ No
       -- If yes, are you subject to the 2-year home residency requirement (212e)? □ Yes □ No
       -- Have you obtained a waiver of the 212e? □ Yes □ No


        Rev. 01/31/08                                   Page 5 of 10
       -- Have you fulfilled the 2-year requirement? □ Yes □ No If yes, When? ____________________

Date of most recent entry into the US: _______________________ I-94#: __________________________

Local Address: ___________________________________________________________________________

Local Phone: ______________________ UGA Email Address: ___________________________________


EMPLOYEE’S PREVIOUS H-1B EMPLOYMENT HISTORY

Person’s prior periods of stay in H status in the U.S. including duties and job titles:
________________________________________________________________________________________

________________________________________________________________________________________

________________________________________________________________________________________

_________________________________________________________________________________________

_________________________________________________________________________________________


DEPENDENT INFORMATION

Does H application have any dependents? (Spouse or Children)            Yes   No

Are applications for dependents being filed with this application?      Yes   No

If yes, please complete the information below:

Name: _________________________________ Date of Birth: ______________ Current Status: _________

Gender:       Male        Female   Relationship: _______________________________

Country of Citizenship: _____________________________ Will this dependent change to H4?: Yes    No

Name: _________________________________ Date of Birth: ______________ Current Status: _________

Gender:       Male    Female       Relationship: _______________________________

Country of Citizenship: ______________________________ Will this dependent change to H4?: Yes No

Name: _________________________________ Date of Birth: ______________ Current Status: _________

Gender:      Male     Female       Relationship: _______________________________

Country of Citizenship: ______________________________ Will this dependent change to H4?: Yes   No

Employee Signature: ________________________________ Date: ________________________




          Rev. 01/31/08                                  Page 6 of 10
                                   Statement of UGA Actual Wage System
Complete the following two lines and place a check mark next to the applicable salary system used in employing the H-
1B employee.

H-1B Employee________________________

Academic/Research Unit: _________________ Date: ___________

      The University of Georgia checklist to comply with federal regulations governing the employment of
                           temporary workers in H-1B non-immigrant classification.
                             [20 CFR part 655 and 29 CFR part 507 (subpart H).]
                        Criteria used in determining “actual wages” of faculty and staff.

         In compliance with regulations governing the employment of foreign nationals in temporary worker (H-1B) non-
immigrant classification, this list will be retained in the H-1B public discourse file. Federal regulations require employers
to place a description of the system used when making salary determinations. The purpose of this list is to identify the
general criteria (system) used by departments and research units in determining salaries of new faculty and staff. Three
categories of employees are listed. Select a “system” in only one category, based the type of position the foreign national
will hold. Place a check-mark next to the system, if it accurately reflects many of the criteria that are used in your
department to determine employee salaries. If another system is used or if you use additional criteria, please check
“other” and describe the system (additional criteria).

Faculty Members

______ Criteria for determining salaries for full-time teaching faculty members is
       established by the Board of Regents of the State of Georgia, Policy 803.1402 (January 1982, p.184): entry-level
       salary shall be determined on the basis of the specific requirements of the position and the qualifications of the
       individual to fill the position. Position criteria shall include: academic rank, academic discipline and the nature of
       the position responsibilities. Criteria related to the individual’s qualifications should include: academic degrees
       earned, teaching and other relevant experience, research publication record, academic achievements and honors,
       and professional achievements or recognition. These criteria are applied within the additional constraints of
       availability of funds and published salary ranges for the various academic disciplines.

______ Other Salary System (Describe below.)

        __________________________________________________________________
        __________________________________________________________________




        Rev. 01/31/08                                    Page 7 of 10
Researcher/Scientist
_____ Some of the following criteria are considered as part of the system to determine the “actual wage” of
       employees in the research or academic unit identified at the top of this page: 1) quality and breadth of
       training in the area of specialization; 2) suitability applicant’s training, experience, and skills to the
       position; 3) quality and extent of work experience; 4) supervisory skills/experience; 5)skills/experience
       in training others; 6)applicant’s ability and experience in working in a collaborative research
       environment; 7) applicant’s initiative and creativity; 8) applicant’s intellectual capability; 9) market
       demand for the skills held by the applicant; 10) publication record and/or patents or copyrights held; 11)
       quality of reference letters; 12) Grant and contract funds provided for the position
______ Other Salary System (Describe below.)
        ________________________________________________________________________


        ________________________________________________________________________


Classified Employees (Professional Staff)

______ The University of Georgia Wage and Salary Plan for Classified Employees establishes a minimum and
       maximum rate of pay for all classified positions. This document is prepared, published, and distributed annually
       to all major organizational units of The University of Georgia (UGA) by the Classification and Employee Records
       Department of the Office of Human Resources. The pay ranges are reviewed annually and adjustments may be
       made to the pay range assigned to a classified position for the upcoming fiscal year. Pay range adjustments are
       based upon changes in market conditions and are contingent upon the allocations made by the State of Georgia
       legislature and availability of funds from The University System Board of Regents.

______ Other (Describe below.)
        ________________________________________________________________________


        ________________________________________________________________________




        Rev. 01/31/08                                   Page 8 of 10
                                           SAMPLE DEPARTMENTAL LETTER

Date

Department of Homeland Security
California Service Center
ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677

To whom it may concern:

This letter serves as a request for H-1B classification for (prospective employee) as a (job title) in the field of (list field of
work). (Prospective employee) will be conducting research / teaching/working in ______________________________
(brief description of activities).

(Describe briefly the knowledge and skills needed by an individual to carry out this position)

(Describe briefly prospective employee’s qualifications for the position)

(Name of UGA hiring department) will comply with the terms and conditions of the Labor Condition Application for the
duration of the authorized period of stay*, and the department of (name of hiring department) understands that it is
liable for the reasonable cost of the employee’s return ticket home should the employee be dismissed prior to the
expiration of the authorized period of stay.

(Prospective employee’s name) position is currently funded until ending date and the salary is $ per year. I am
requesting the H-1B classification from beginning date to end date. **

                                           Sincerely

                                           Department Head



*The conditions of the LCA include:
       The individual will be paid the actual wage paid by the employer to all other individuals with similar experience
       and qualifications for the specific employment, or the prevailing wage, whichever is higher; and
       The individual’s employment will not adversely affect the working conditions of similarly employed workers; and
       The H-1B filing notice has been posted for at least ten days in two conspicuous locations



**Please remember that you can request up to three years at a time, but only request dates for which you have funding. If
you need help deciding what dates to put in the letter please call 706-425-3154 for assistance.




This letter must be on original department letter head.




        Rev. 01/31/08                                      Page 9 of 10
           Instructions for Completion of I-539 to obtain H–4 dependent status
                                  Changes/Extensions


Part 1         Information About You.
   • This information is concerning the dependent spouse who needs the change of status or extension. Do
       not use the name or information of the primary H-l status holder.

Part 2      Application Type.
   • Please be sure to indicate the new/continuing status as H-4

Part 3            Processing Information.
         #1.      The current/requested status time to be extended should be the same ending date for the H-l as
                  shown in the letter from their employing department.
         #2.      Indicate NO if your family is currently in the U. S. with you in the same status that you now
                  hold.
         #3.      Indicate YES, filed with this application
         #4.      Please indicate the primary H petitioner’s name in this space, writing it in the format as Last
                  Name, First Name

Part 4       Additional Information.
   • Again, this information is about the dependent that is requesting the change/extension.
   • On page 2, please answer all questions pertaining to the dependent. Please note “ g ”. If the
       dependent spouse has been employed in the U. S. since last admitted, granted an extension
       or change of status, you will need to provide the following information on page 3:
                o Name of the person
                o Name of employer
                o Address of employer
                o Weekly income
                o And whether authorized by USCIS (INS)

Be sure that letters of support are provided showing that the principal H-1 will give support for his/her family
and the dependent must submit a letter stating that he/she understands that work authorization is not valid in H-
4 status and that he/she will be supported by his/her spouse during their stay in the United States.

For additional dependents, use the supplement-1 part of the I-539. Please list each person separately and you do
not need to include the person already listed in Part 1 on the first page of the I-539.

Include front and back copies of the last I-94 cards of all dependents requesting a change of status. Be sure that
the stamp is clear and visible on all the copies.

CHECK FOR $300.00 Payable to USCIS MUST BE ATTACHED. The cost covers all individuals listed on
the I-539.




         Rev. 01/31/08                                Page 10 of 10

				
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