Information for New International Students
Optional Practical Training (OPT) 12-Month Update and 17-Month Application (6/11/08)
EA Ambassador/Assistant Applications Available
International Student Council Nomination Form
UK-Sponsored Education Abroad Programs still taking applications:
--Winter Caribbean Cruise Program
Graduating Students:
Health Insurance Continuation Plan
Health Insurance Waiver Procedure 
The Office of International Affairs, located in Bradley Hall, provides information and assistance regarding immigration matters related to the University of Kentucky. All UK departments and centers should consult with the appropriate OIA adviser before making any offer of employment to a candidate who holds a non-immigrant visa status in the U.S. or who resides outside the United States.
This committee establishes and periodically reviews University guidelines related to the hiring of non-immigrants. When it is in the interest of the University and in compliance with immigration law, the IAC may consider making an exception to any of the restrictions contained in this document, and its decision in this regard is final.
The University of Kentucky remains committed to the value of contributions made by international faculty and scholars to its cultural and intellectual mission as an institution of higher learning. The following guidelines have been prepared to assist all departments and centers of the University when they wish to retain the services of an individual in a non-immigrant visa status. These guidelines are not a definitive or comprehensive summary of immigration regulations or OIA procedures. They have been prepared to provide a starting point and preliminary information to the campus community with respect to the hiring of non-immigrants presently holding or seeking the following visa categories: F-1 on Optional Practical Training, J-1, J-2, H1B, O-1A and TN, or departments seeking to obtain Permanent Resident (“green card”) status for present employees.
US Citizenship & Immigration Services (USCIS) filing fees are as follows:
Listing of all USCIS application fees can also be found at: http://www.uscis.gov
International Affairs Service Center Fees
The UK International Affairs Service Center prepares applications for employees seeking H1b and TN status, Labor Certification or the form I-140 Petition for an Immigrant Worker. Fees for these services are charged to departmental accounts through journal vouchers. Contact an H1-B advisor for the current preparation fees for all these applications: Teresa Keller, tkell2@uky.edu or Maria Tovar, mtovar1@uky.edu .
Optional Practical Training is defined in the regulations as “temporary employment for practical training directly related to the student’s major area of study.” OPT can be authorized for a maximum aggregate period of 12 months educational level. Students become eligible for another 12 months of practical training when they change to a higher educational level. Students must apply to the U.S. Citizenship & Immigration Services (USCIS) for an Employment Authorization Document (EAD). They may begin employment only after receiving the EAD, which will indicate the starting and ending dates of employment. OPT employment is not employer specific, but it must coincide with the student’s major area of study. Students on OPT remain in F-1 visa status, but are eligible to change to another working status if they meet the qualifications.
The objective of the Exchange Visitor Program is “to increase mutual understanding between the people of other countries by means of educational and cultural exchanges.” (Fulbright-Hayes Act of 1961)
The J-1 visa status is a viable option for UK departments who wish to invite individuals in specialized areas to teach, lecture, observe or conduct research. We refer to these visitors as J-1 Scholars.
Advantages:
The J-1 visa application requires minimal paperwork and no fees are charged to the departments.
J-1 Professors and Researchers have a maximum stay of five years; Specialists, one year; Short-term Scholars, six months. The category of Summer Travel/Work is limited to full-time students actively pursuing an academic degree at an accredited college/university abroad and takes place for a maximum of four months during the participants’ summer break.
J-1 Scholars are exempt from Social Security taxes for the first two years of their residence in the United States. For those from countries with tax treaties, there are additional exemptions for state and federal taxes, depending on the terms of the treaty.
Accompanying J-2 dependents may obtain employment authorization from the U.S. Citizenship and Immigration Services.
Unlike the salary of H1B employees, the salary paid to J-1 scholars is not subject to the Department of Labor’s “prevailing wage”.
Funding may be provided from a variety of sources: UK, personal, home government, home country employer, etc.
The transfer of a J-1 Scholar from another U.S. institution to UK is generally a smooth and uncomplicated process once the basic criteria have been met.
Disadvantages:
Certain J-1 visa holders are subject to what is termed the "two-year home country physical presence requirement." Only after they have resided in their home countries for two years, may they seek a working visa such as H1B or immigrant status to re-enter the U.S. There is, however, a lengthy process whereby this can be waived. For waiver instructions, see: http://travel.state.gov/visa/temp/info/info_1296.html
Previous time spent in the U.S. in "J" status may affect a person's eligibility for participation for 2 years as a professor or researcher. The candidate would not be eligible to return as a J-1 professor or researcher if he or she had been in the U.S. in any "J" status for more than six months.
American consulates may deny the J-1 visa application on the basis of the applicants’ inability to provide sufficient proof that they intend to return to their home country upon completion of their J status in the United States.
To request J-1 Documentation
University departments that wish to invite a visiting or postdoctoral J-1 scholar must request the DS-2019 form required for that visa. OIA will issue that document, which must then be sent to the visiting scholar by the inviting department. Please view the instructions or contact Marc Invergo, 211 Bradley Hall, 859.257.4067 x240, or marc.invergo@uky.edu
Note: J-1 Status holders are expected to remain in this status for the duration of their programs; however, those who are not subject to the "two year home-country residence requirement" or those who are eligible to seek a waiver of that requirement may request to change status after a period of at least 2 years as a J-1 holder. This 2 year minimum requirement is a UK policy and does not apply in cases where a tenure-track faculty position is being sought with a change of status to H1B.
J-2 DEPENDENTS
J-2 dependents are permitted to apply to USCIS for an Employment Authorization Document (EAD) in order to be employed in the United States. The J-2 may begin work only after receiving the EAD. J-2 dependents are eligible to apply for this as long as it not for the purpose of supporting the J-1. Instructions and applications are available in 211 Bradley Hall. It usually takes 2-3 months for the EAD to be processed. Employment may begin only after the EAD is received. When the J-2 visa holder receives the EAD, he/she may apply for a Social Security Number. The J-2 employment authorization may not exceed the program duration of the J-1 as indicated on the DS-2019. In addition, the J-2 employment authorization is valid only if the J-1 is maintaining status.
An H1B status may be sought on behalf of non-immigrants who are in a specialty occupation and who will be hired to perform services of an exceptional nature requiring merit and ability.
Advantages:
The H1B status may be obtained for an initial maximum period of three years, and may be extended up to a maximum of six years.
This category benefits from the concept of "dual intent." This means that persons applying abroad for an H1B visa need not prove to the U.S. consular official an intent to return to their home country, as opposed to other non-immigrant visa applicants.
H1B holders may seek a change of status to any other non-immigrant or immigrant status for which they are eligible.
Disadvantages:
Application for H1B can be cumbersome for both employer and employee. It requires extensive documentation and the employer must pay 100% of the "prevailing wage" set by the State Workforce Agency (SWA) for the occupation in which the international is to be employed.
If documentation is submitted by the department in a timely manner, OIA can prepare and submit an H1B petition in approximately one month. Adjudication of the application by USCIS generally takes an additional three months.
There are processing fees, as noted earlier under “Fees.”
H1B holders are subject to Social Security taxes from the date they start working.
Accompanying H-4 dependents may not seek employment in the U.S. but are allowed to study.
Application for H1B Status
An "Assessment for H1B" (provided by OIA) is the first step in the application process. This form must be completed by the hiring department. Individual candidates for H1B status may not initiate the process.
Interested departments should contact an H1B Adviser: Teresa Keller at 859.257.4067 x228 - tkell2@uky.edu or Maria Tovar at 859.257.4067 x239 - mtovar1@uky.edu
If an attorney is retained for an initial H1B, future extensions are generally done through the attorney, not the Office of International Affairs.
Guidelines:
Departments seeking an H1B for a position which requires a Bachelor’s degree must appeal to the Immigration Advisory Committee (IAC). To begin this process, contact Charlene Leach, Director for Immigration Services at oiachara@uky.edu or Teresa Keller, tkell2@uky.edu. If the appeal is denied, the H1B process may not be sought through any other means. If the appeal is approved, the H1B application will require the services of an attorney. An "Assessment for H1B Using Outside Attorney" must be completed by the hiring department and returned to Charlene Leach in 215 Bradley Hall or Teresa Keller, 213 Bradley Hall. Upon approval of the H1B, a courtesy copy must be sent to Charlene Leach.
The petitioning department must show salary support for the duration it wishes to employ the non-immigrant, and agree to pay 100% of the "prevailing wage" for the occupation. A prevailing wage that exceeds University norms for the position will result in the termination of the H1B application process.
To comply with University policy, departments should inform their candidates that obtaining H-1 status on their behalf in no way obligates the University to file for Labor Certification leading to Permanent Residence. Such sponsorship is left to the discretion of the hiring officials.
The University will not apply for H1B in the following circumstances:
- Part-time positions.
- Medical Residents; They are normally sponsored by the Educational Commission for Foreign Medical Graduates and are given J-1 status. When there are extenuating circumstances for which an H1B visa might be warranted for a medical resident or for any other resident managed by the Graduate Medical Evaluation office, approval from the Provost's office must be sought. The program director should contact the Director of Graduate Medical Education in advance of either ranking the resident application (for a Match position) or offering a position (if not a Match position), for assistance in preparing the paperwork to request the needed approval.
- J-1 Scholars or J-2 dependents must have been in "J" status for two years before
H1B status will be sought.
(Please note that these are UK guidelines, not immigration regulations.)
The O-1A classification permits an employer to petition on behalf of non-immigrants who have a high level of expertise and have attained national or international acclaim in their field. Extensive documentation is required as evidence of eligibility to apply. The O-1A status may be valid initially for three years and can be extended on a one-year incremental basis indefinitely.
J-1 visa holders who possess the necessary qualifications for the O-1A, but are subject to the "two year home country residence requirement," may still qualify for this classification. They must, however, leave the U.S. and apply for admission as an O-1A non-immigrant.
The Office of International Affairs does not process O-1A applications, so it is advisable to retain the services of an attorney to prepare the case for Immigration. A G-28 form (which allows representation by an outside attorney) must be signed by the University's General Counsel. A copy of the approved O-1A petition must be sent to Charlene Leach, 215 Bradley Hall, before submission to the Department of Homeland Security.
The TN classification was created as part of the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadians and Mexicans to the U.S. to engage in professional activities. Only certain occupations qualify. A list of these may be reviewed on http://www.travel.state.gov/visa/temp/types/types_1274.html. This status is granted on a yearly basis, and may be extended indefinitely.
Admission of Canadians differs from that of Mexicans. To be eligible, Canadians must show evidence of nationality, at least a B.A. or a B.S. in the field or profession (included on the professional job series NAFTA list) a job offer from an employer in the U.S. The procedure for admission of Mexican citizens to the U.S. in TN status can be found at http://travel.state.gov/visa/temp/types/types_1274.html
Dependents of TN holders are given TD status. These dependents may attend school in the U.S. but may not accept employment.
There are other non-immigrant visas that permit non-immigrants to work in the U.S. but these are rarely suitable for University appointments.
The University will not sponsor permanent residence for the following:
The University will sponsor permanent residence under the following conditions:
The candidate holds a permanent position at the University of Kentucky. "Permanent" is defined by immigration guidelines as employment that is intended to be of an indefinite or unlimited duration. The nature of the position is such that the employee will ordinarily have an expectation of continued employment. The request for the University to sponsor the application must be approved by the applicant’s Chair or Director and the Dean of the College.
The position demonstrates secured funding. It must either be regular in nature or if grant funded, there must be a reasonable expectation that funding will continue.
The candidate maintains a valid non-immigrant employment status while the application is being processed.
The Office of International Affairs will process a Labor Certification for a member of the professions holding an advanced degree whose position at UK includes some component of classroom teaching.
Prior to the recruitment process, contact the OIA Advisers: Maria Tovar at 257.4067 x239 - mtovar1@uky.edu OR Teresa Keller at 257.4067 x228 - tkell2@uky.edu.
Recruitment for the position must be conducted before filing the Labor Certification with the DOL. Advertising the position may not be by electronic means only.
There are specific recruitment procedures required by the DOL, so the OIA Advisers should be contacted prior to recruitment. The department will then be emailed an assessment form. Upon receipt of this completed form, the Adviser will contact the department and arrange for a meeting.
Obtaining Permanent Residence through this process consists of the following steps:
There are means by which an individual is exempt from the requirement of labor certification. Thus, an "Immigrant Petition for Alien Worker" (I-140) can be submitted directly to the Department of Homeland Security (DHS). This petition establishes the basis upon which the beneficiary may apply for permanent residence. Categories that most often apply to a University setting are:
** Please note: For categories #2 and #4, prior to retaining an attorney, contact Charlene Leach, Director for Immigration Services or Teresa Keller, H1B Advisor. This is necessary because the attorney will be representing the University of Kentucky.
