EXECUTIVE VICE PRESIDENT AND PROVOST

THE UNIVERSITY OF TEXAS AT AUSTIN

M E M O R A N D U M

Foreign nationals contribute a great deal to the teaching and research mission of the University.  It is important, therefore, that units in which these individuals are employed are aware of changes to University procedures for processing permanent resident and temporary worker visa petitions, changes which stem from recent developments in federal policy and from the state of the national and Texas economies.  Provided below is a general overview of approved procedures for filing these petitions, including the changes that are effective immediately.  Please make sure that individuals in each of your areas with responsibility for hiring employees and/or processing appointments are provided with this information.

In order to comply with the provisions of the Immigration Reform and Control Act, the University may not employ individuals who are not authorized to work in the United States.  Moreover, petitions for temporary employment and permanent residency must serve to support the teaching and research mission of the University and must fully comply with the regulations of the Department of Labor and the various new immigration Bureaus, which are now part of the Department of Homeland Security.

To ensure compliance with applicable federal regulations, the University has delegated signature authority for filing temporary worker petitions (H-1B visa using Form I-129),  immigrant/permanent resident petitions (using Form I-140), labor certifications (Form ETA-750A) to designated individuals at the UT International Student and Scholar Services (ISSS).  Departments are required to submit all petition applications and requests for exceptions to established policy to appropriate ISSS staff for review and handling.  The International Student and Scholar Services advisor will submit these petitions on behalf of the employing department to the immigration authorities; University policy precludes an attorney from filing these petitions on behalf of our institution for an employee.

Early notification of the staff in the International Student and Scholar Services is very important in order to plan for the timely arrival of your new hires. Processing backlogs in the US for the temporary worker visa have recently increased. The "premium processing" service instituted by immigration officials over two years ago does allow for expedited processing of H-1B and O-1 petitions.  This service costs an additional $1000, but results in an adjudication by immigration within 15 days.  Even with premium processing, the application process could take 5-7 weeks because of the complexity of the process and the Department of Labor requirements.

Once the employment petition has been approved, the visa application may also present challenges.   Appointment arrangements for US embassies and consulates, additional security clearances based on citizenship and gender, plus extra scrutiny of those coming to work in areas listed on the expanded Technology Alert List (a list of sensitive fields of research compiled by the federal government that require clearance before visa issuance), may cause unpredictably long delays in securing the proper visa to enter the US.

Department head approval is required for all invitations to foreign nationals who will be employed at UT Austin.  Immigrant/permanent resident petitions for foreign nationals to work at UT Austin ("Green card" Form I-140) generally are limited to specific faculty and research positions and are currently petitioned for under the categories of "Outstanding Professor/Researcher" or, in the case of tenure-track faculty positions, through Special Handling Labor Certification. Job title eligibility for both H-1B and immigrant/permanent resident status is shown below. Note the elimination of computer support positions and Research Associate I-II titles from this list.  Employees in eliminated titles who are already here or in transit to the University will continue to be qualified for extensions under the previous policy.

1-- Because of the complexity of the immigration and labor laws, consideration in submitting immigrant petitions for positions that do not qualify under the categories of Outstanding Professor/Researcher or Special Handling Labor Certification will be determined on a case-by-case basis.

Applications for H-1B temporary worker status require submission of a Labor Conditions Application to the Department of Labor and an I-129 form (Temporary Worker Petition) as part of the required documentation.  The departmental representative -- not the prospective employee -- is responsible for completing these and any other required forms and for sending them directly to ISSS. For H-1B petitions, the hiring unit must be paying, or be prepared to pay, the prevailing wage for the position.

Professorial, research and support staff should feel free to consult with the ISSS advisors about any questions related to the immigration status of prospective and current foreign employees.  It is especially critical that staff consult the ISSS advisors regarding tenure-track positions, since some individuals may have been in a status that requires them to return to the home country for two years (or to receive a waiver of the requirement) before petitioning for H-1B or immigrant/permanent resident status.  The attached immigration advising chart Non-Immigrant Visa Categories Most Commonly Used at The University of Texas at Austin may prove a helpful reference for any discussions with the ISSS staff.

To avoid problems that could arise when an individual's employment eligibility is not known, you will need to discuss the issue of work authorization with the prospective employee early in the process.  To ensure the protection of a job applicant's rights, consult with the Human Resource Services for appropriate guidance.

Attachment

(Recreated from text of actual memo.)