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Contact the Office of Human Resources
Immigration Services
Alberto Castillo
Immigration Services Manager
To make an appointment, please email us and send us an outlook invite, or call us.
Phone: 956-665-3021
Email: alberto.castillo@utrgv.edu
Department Administrators
Hiring Units
Responsibilities
All of the matters we handle are employment-based, which means that the hiring department is responsible for compliance at the department level. The department Chair and the administrator(s) appointed to handle immigration matters are responsible for ensuring that they can carry out these responsibilities. Regardless of the type of nonimmigrant work visa case, the department must:
- Contact Immigration Services (IS) immediately when a foreign national emerges as a top choice in the applicant pool;
- Appoint one main administrator to liaise with IS on faculty & staff immigration matters;
- Work with the foreign national to gather all information and materials required for processing;
- Pay all required government fees, including optional premium processing;
- Submit a properly completed request to IS in a timely fashion, as far in advance of the start date as possible (8 months strongly recommended);
- Submit all the required forms completed and signed;
- Contact the Export Controls Office for export control certification training;
- Comply with, and respond timely too, all IS communications and requests throughout processing;
- Ensure the foreign national is employed as represented within the petition submitted to the USCIS;
- Contact IS immediately if any changes to foreign national employees are contemplated;
- Contact IS immediately if the foreign national is being terminated or if he/she resigns;
- Ensure the underlying work visa status for the foreign is extended until the person either departs UTRGV or has a green card in hand. Merely starting the green card process does not mean that the nonimmigrant status can be allowed to lapse;
- Alert IS immediately if a USCIS Fraud Detection Officer visits the foreign national or the department; and,
- Read IS news and updates on our website for updated immigration and policy information that may affect your foreign national population.
Sponsored Positions
Federal regulations and UTRGV policies and practices limit the types of positions we can sponsor for work visas. In general:
- The position must be full-time.
- The position must be full benefits eligible.
- The position must meet the U.S. Citizenship and Immigration Services regulatory definition of “professional” and “specialized”, i.e. it must require at minimum a bachelor’s degree in a specialty field as the normal requirement for entry into that occupation.
- The position must pay as Department of Labor regulations requires for that type of work visa, and the hiring department must meet or exceed the required wage.
Faculty
All full-time instructional positions covered in HOP ADM 04-205 are eligible.
Research Staff
Research Associate and above, including research specialists and research faculty.
Technical Staff
Computer, business, and related technical specialties can qualify, but they must meet the baseline requirements above.
Managerial/Executive
Most positions will qualify if they require at minimum a bachelor’s degree in a specialty field plus experience.
Types of positions we are unable to sponsor
- Positions that do not require, at minimum, a bachelor’s degree in a specialty field.
- General administrative positions, or those that do not meet the regulatory minimum requirements for a professional, specialty field. If a Bachelor’s degree is required, but the field is not specified, or if the job could be equally well filled by individuals with bachelor’s degrees in a variety of unrelated fields, it will not qualify.
Starting a Request
IS strongly recommends that hiring departments make every effort to submit a request to us a full 8 months prior to the needed start date. Giving enough lead time can prove crucial to minimizing anxious moments for the department, the individual, and their family members.
Please note: IS cannot begin processing until all materials needed from the department and the individual are complete.
H1B
Overview, Eligibility, and Prevailing Wage
Overview
H-1B Specialty Workers are authorized to work in specialized fields for a maximum period of six years. An employer may apply for a period of up to three years at a time. H-1B workers must hold a full-time appointment at the University of Texas Rio Grande Valley (UTRGV) and be paid a salary that equals at least the US Department of Labor (DOL)-determined prevailing wage. To sponsor an H-1B worker, UTRGV, through Human Resources - Immigration Services (IS), must file a petition, with fees, to DOL and the U.S. Citizenship and Immigration Service (USCIS) indicating that the university will appoint and pay the individual the prevailing wage.
Eligibility
In general, to be eligible for an H-1B visa, the position must be full-time and require a minimum of a bachelor’s degree in a specialty, and the individual must meet that requirement and possess any necessary licensure. UTRGV does not sponsor part-time employees for H-1B petitions. Some individuals, even if they meet the degree and licensure requirements, may not be eligible for H-1B status based on their immigration history. Those who have already used the six-year limit on H-1B status, for example, are ineligible for an additional period of H-1B status until they have resided and been physically present outside of the U.S. for at least one year. Similarly, those who are subject to the two-year home residency requirement based on their current or prior J-1/J-2 Exchange Visitor status are ineligible for H-1B status until they have either fulfilled the requirement or obtained a waiver through the Department of State and USCIS. A person for whom a department wishes to sponsor an H-1B should contact IS to discuss his or her eligibility for an H-1B visa.
Prevailing Wage
In order to sponsor an employee for an H-1B visa, UTRGV must pay at least the prevailing wage or the actual wage (the rate paid to similarly situated employees), whichever is higher. DOL calculates the prevailing wage as the average salary or wage for similarly employed workers in the area of intended employment. If this prevailing wage exceeds the amount the department wishes to pay the employee, then the University cannot proceed with the H-1B petition. In this case, departments should consult with IS about other options for visa sponsorship.
Cost H1B
Required Fees:
Departments are required to pay certain required USCIS processing fee(s) for their employee’s H-1B petition, including the $460 application fee. In addition, departments must pay a $500 anti-fraud fee for initial H-1B petitions and for cases in which UTRGV is filing a change of employer petition (“portability”) for someone who already holds H-1B status with another employer. Extension petitions do not require the anti-fraud fee. The employee may not pay these fees.
Optional Fees:
If the department and/or individual requests premium processing, either the department or the individual may pay the additional $1440 fee. If the employee wishes to apply for immediate family members to change to H-4 dependent status within the U.S., he or she must pay the $455 I-539 change-of-status fee.
Special Note:
The premium processing fee, if paid for, must be paid by the department if continuous employment authorization is in jeopardy. The scholar may pay in situations where continuity of employment authorization already exists (e.g., extension or portability cases) and personal reasons are motivations (e.g., expiring driver's license or personal travel).
Please process the checks via ISHOP Requisition (Non-PO form), to include the Employee's name. The checks need to be made payable to The U.S. Department of Homeland Security, US Citizenship and Immigration Services
Processing Time of H1B
Prospective employees who are abroad
will also need time to apply for an H-1B visa at a U.S. Embassy or Consulate. This can be done only after USCIS has approved the H 1B petition.
Prospective employees inside the U.S.
H-1B status is employer-and position-specific. Even if the prospective employee is currently in the US in H-1B status, UTRGV must still file a new H-1B petition. Once the UTRGV petition is on file at USCIS, the H-1B applicant must begin working at UTRGV on the petition-proposed start date. If the H-1B applicant is in the U.S. in another status, it may take several months for USCIS to approve a change of status application; the employee may not begin working until the approval notice has been received by UTRGV. Changing from J-1 to H1B
Those who are subject to the two-year home residency requirement
based on their current or prior J-1/J-2 Exchange Visitor status are ineligible for H-1B status until they have either fulfilled the requirement or obtained a waiver through the Department of State and USCIS and that process will take another 3 to 6 months.
Because USCIS H-1B processing times vary from 3 - 6 months, IS can only provide an estimate of the timing for a particular petition. We recommend that departments initiate an application as early as 8 months before the desired H-1B start date, which is the earliest that USCIS will accept an H-1B petition. Expedited processing, or “premium processing,” is available for a $1225 fee; this guarantees a decision by USCIS within 15 days provided USCIS does not issue a "Request for Evidence." IS requires at least two weeks to process and submit an H-1B petition from the time the department and individual submit all required documents.
Export Control of H1B
On February 20, 2011, the U.S. Citizenship and Immigration Service (USCIS) added an additional export compliance attestation that will affect all H-1B petitions. This attestation requires employers to confirm that they have reviewed the U.S. export control regulations and have determined whether a license is required to release controlled technology or technical data to the sponsored worker. The U.S. export control regulations are not new. USCIS is now requiring that all hiring institutions review the regulations as they pertain to an international employee’s position and sign a compliance certification (attestation) as part of the H-1B visa process.
Please, submit the form below as part of your H-1B request packet:
Education and Credentials Evaluations
USCIS requires that a prospective H-1B employee's degree is the equivalent of the U.S. degree required for the position; therefore we must submit foreign credentials evaluations with our H-1B petitions. We do not endorse any particular service; evaluations issued by the following organizations, however, have been accepted by US Citizenship and Immigration Services:
World Education Services http://www.wes.org
Josef Silny Associates www.jsilny.com
Educational Credential Evaluators http://www.ece.org
Lisano International http://www.lisano-intl.com/
Global Education Group http://www.globaledu.com
Consultancy on International Education http://www.international-education.com/
World Education Consultant Services Inc http://wecseval.com/
Please note that the burden of obtaining the credential evaluation lies with the employee, the beneficiary of the H-1B status. The evaluation report must include the professional credentials of the evaluator.
TN
Overview and Eligibility
The TN visa was created under the North American Free Trade Agreement (NAFTA). It is reserved for Citizens of Canada and Mexico. TN status permits the individual to work in a position that is on the narrow list of occupations allowed by the treaty. How we handle TN sponsorship is informed by both Federal regulations and UTRGV internal institutional policies and systems.
TN holders must intend to return to their home country at the end of their TN stay. In other words, they cannot have U.S. legal permanent residence as an objective when entering the U.S.
At UTRGV, all TN requests must be submitted by the hiring department to IS.
The UTRGV Job Offered Must Qualify for TN Status
- The occupation must be listed in the NAFTA Treaty Appendix and must require a Bachelor’s degree or higher in a specialty field.
- The job must meet the minimum education requirements in both the NAFTA Treaty Appendix.
- The Department must be offering an eligible position.
The Person Must Qualify for TN Status
The individual must possess the minimum education and experience required for the TN job, and have no background issues that would prevent them from taking up TN status.
TN employment is limited to what is described on the request to the government. If the person’s employment is changing, or the person is changing employers, a new request needs to be made.
An individual may work for two TN employers if both have approved TN authorization to employ that person.
TN extension requests should be made to IS a full 6 months in advance. The individual and the department are jointly responsible for making sure the request comes to us timely
Processing Time and Cost
TN Processing Times at UTRGV
Requests are submitted by the department to IS. Processing cannot begin until all of the required information and materials are complete. We advise departments to submit to IS a full 6 months prior to the needed start date. Later submissions carry an increased risk that the need cannot be met.
Total processing time varies, depending on the factors each case presents and whether the case involves Pre-Flight Inspection, Consular Processing, or a USCIS filing. A projected processing timeline will be sent to the individual and the department when processing begins.
1. Processing at IS for either Pre-Flight Inspection, Consular Processing, or USCIS filing
- 4 Weeks.
2. Government Processing
3. Approval Document Delivery - Variable
- Via Pre-Flight Inspection (PFI): Variable.
- Consular Processing: Immediate.
- Via USCIS Filing: 15 Days. This does not include delays that may result from a USCIS Request for Evidence (RFE).
Approval Document Delivery - Immediate
- Via Pre-Flight Inspection (PFI): Immediate.
- Consular Processing: Immediate.
- Via USCIS Filing: 14 days.
Fees
Mexico
- Via USCIS - Regular filling is $460 and $1440 premium processing
- Via Consular Processing - DS 160 $160
- Port of Entry after TN visa stamp at a U.S. Consulate - $6
- Dependents Via USCIS - Regular filling $370
- Dependents Via Consular Processing - DS 160 $160
- Port of Entry after TD visa stamp at a U.S. Consulate - $6
Canada
- Via USCIS - Regular filling is $460 and $1225 premium processing
- Port of Entry after TN visa stamp at a U.S. Consulate - $50
- Dependents Via USCIS - Regular filling $370
- Dependents Consular Processing - DS 160 $160 (Only if they are not Canadians)
- Port of Entry after TD visa stamp at a U.S. Consulate - $50
Obtaining TN Status Through Travel
Visa Stamps and Traveling as a TN
Depending on the specific factors involved, IS will discuss this at the outset of the case.
TN Completion
Duration
TN status can be requested for up to 3 years at a time at the port of entry with a CBP officer but the visa stamp for Mexican nationals will be only for one year, they will need to renew their visa stamp every year.
TN Letter
Employment Letter
Before our employees is applying for a TN visa stamp, make sure they have our IS TN invitation letter that references the appropriate NAFSA occupational title (Canadian TNs will not need visa stamps, but will need this document to apply for admission) for TN status and their TD Dependents
O1
Overview and Eligibility of O1
O-1 Extraordinary Ability status is used at UTRGV for people with a substantial, sustained record of nationally or internationally recognized career accomplishments, where there are compelling strategic reasons to utilize the O-1 category. How we handle O-1 sponsorship is informed by both Federal regulations and UTRGV’s internal institutional policies and systems.
At UTRGV, all O-1 requests must be submitted by the department to IS. Typically, the initial O-1 petition is prepared by our office, after our office and the individual's department determine that the individual qualifies and it is an appropriate category that meets the needs of the person and the department. Subsequent extensions are processed by IS.
The Person Must Qualify for O-1 Status
The initial analysis for qualifying factors will be done by our office and the individual department.
To qualify, the individual must show that he or she has received a major, internationally recognized award (such as the Nobel Prize or the Academy Award). Alternatively, the individual may demonstrate that they meet at least three of the eight regulatory criteria necessary to show national or international recognition for sustained career accomplishments.
It is important to note that meeting three of the eight criteria will not necessarily guarantee the approval of O-1 visa status. The reviewing USCIS officer will ultimately decide on a subjective basis whether the individual qualifies.
The USCIS typically sets a high standard for qualifying as a person of extraordinary ability under the O-1 visa. Applicants should possess substantial documentation showing that their qualifications lift them well above the norm for their field.
O-1 employment is limited to what is described on the H-1B petition. If the person’s employment is changing, or the person is changing employers, a new petition may need to be submitted to the government before the change can take place.
Sometimes, a person may work for two O-1 employers if both have been named in the petition or its underlying documentation. This is especially true in the performing arts. If there is a question, IS can look at the petition to make a determination.
O-1 extension requests should be made to IS a full 6 months in advance.
Duration
Initial O-1 status can be granted for up to three years at a time.
Subsequent extensions are typically for one year at a time unless there is a new assignment to a new position.
Cost of O1
Required Fees
Departments are required to pay certain required USCIS processing fee(s) for their employee’s O1 petition, including the $460 application fee.
Optional Fees
If the department and/or individual requests premium processing, either the department or the individual may pay the additional $1440 fee. If the employee wishes to apply for immediate family members to change or extend O3 dependent status within the U.S., he or she must pay the $455 I-539 change-of-status fee.
Special Note
The premium processing fee, if paid for, must be paid by the department if continuous employment authorization is in jeopardy. The scholar may pay in situations where continuity of employment authorization already exists (e.g., extension or portability cases) and personal reasons are motivations (e.g., expiring driver's license or personal travel).
Please process the checks via ISHOP Requisition (Non-PO form), to include the Employee name. The checks need to be made payable to the U.S. Department of Homeland Security, US Citizenship and Immigration Services
Processing of O1
Requests must be submitted by the department to IS.
We advise departments to submit to IS a full 6 months prior to the needed start date. Later submissions carry an increased risk that the need cannot be met. Total processing time varies, depending on the factors each case presents.
- Stage 1: Pre-Filing Processing: The amount of information and documentation required to prepare an O-1 petition can be daunting. In cases where letters of recommendation are necessary, this can add to processing time. A typical initial O-1 petition averages 4-6 months to prepare to file. Extensions are not as lengthy.
- Stage 2: Government Processing: UTRGV O-1 cases are submitted via the USCIS Premium Processing Program. Typically, this takes 15 days or regular filling, which takes from 4-8 months. However, in some cases, the USCIS may issue a Request for Evidence (RFE). This can delay processing, commensurate with the nature of the RFE.
- Stage 3: Approval Document Delivery: The USCIS mails the original approval notice to IS, which can take 7-14 days from the time of decision. If the individual is abroad, the notice must then be sent to them so that they can go to a U.S. Consulate to obtain a visa stamp in their passport and enter the USA in H-1B status. This can take an additional 2 weeks or more.
Export of O1
On February 20, 2011, the U.S. Citizenship and Immigration Service (USCIS) added an additional export compliance attestation that will affect all O1 petitions. This attestation requires employers to confirm that they have reviewed the U.S. export control regulations and have determined whether a license is required to release controlled technology or technical data to the sponsored worker. The U.S. export control regulations are not new. USCIS is now requiring that all hiring institutions review the regulations as they pertain to an international employee’s position and sign a compliance certification (attestation) as part of the O1 visa process.
Please, submit the form below as part of your O1 request packet:
E3
Overview and Eligibility of E3
E-3 status is used at UTRGV for degreed professionals in specialty fields, where the university wants to employ the person for several years. How we handle E-3 sponsorship is informed by both Federal regulations and UTRGV’s internal institutional policies and systems.
At UTRGV, all E-3 requests must be submitted by the department to IS.
The UTRGV Job Offered Must Qualify for E-3 Status
- Must Meet the Minimum Education Requirement: Per Federal regulations, the job offered must require a Bachelor’s degree or higher and must require that the degree be earned in a specific field, or closely related group of fields (e.g. must require Electrical Engineering or Computer Science, not Electrical Engineering or Business).
- Must Pay the Required E-3 Wage: The E-3 wage will be analyzed by IS once the completed request is received. The regulations require the department to pay either the “actual wage” paid to similar positions in the department or the “prevailing wage” established by the U.S. Department of Labor Data, whichever is higher.
- Must be Fully Benefits-Eligible: The position must be eligible for full, regular UTRGV benefits for faculty and staff.
- Must be full-time.
The Person Must Qualify for E-3 Status
The individual must be an Australian national. Additionally, they must possess the minimum education and experience required for the E-3 job, and have no background issues that would prevent them from taking up E-3 status.
E-3 employment is limited to what is described on the E-3 application or petition. If the person’s employment is changing, or the person is changing employers, a new petition must be submitted to the government before the change can take place.
E-3 extension requests should be made to IS a full 6 months in advance.
Duration: E-3 status can be requested for up to two years at a time.
E-3D status is available for the spouse and children (under 21) of the principal E-3 visa holder. This will be discussed at the outset of the case. E-3 spouses can work in the U.S. by applying to the USCIS for work authorization using Form I-765
Cost of E3
Required Fees
Departments are required to pay certain required USCIS processing fee(s) for their employee’s E3 petition, including the $460 application fee.
Optional Fees
If the department and/or individual requests premium processing, either the department or the individual may pay the additional $1440 fee. If the employee wishes to apply for immediate family members to change to E3D dependent status within the U.S., he or she must pay the $455 I-539 change-of-status fee.
Processing Time of E3
Requests are submitted by the department to IS. Processing cannot begin until all of the required information and materials are complete. We advise departments to submit to IS a full 6 months prior to the needed start date. Later submissions carry an increased risk that the need cannot be met.
Total processing time varies, depending on the factors each case presents. A projected processing timeline will be sent to the individual and the department when processing begins.
There are two processing paths for E-3 status
Consular Processing
Can be used when the individual is waiting outside the USA to enter an E-3 Status.
- Stage 1: IS Processing: Approximately 6 weeks from the time request materials are complete. Specific case issues may require additional processing, for example, to obtain a prevailing wage, an Export Control Certification Attestation, or address other issues. This can delay processing from 2 weeks to 3+ months. Every effort is made to spot issues early in processing so that they can be factored into the estimated timeline for the individual case.
- Stage 2: Consular Processing: Varies. Typically 2 to 4 weeks, depending on the speed at the U.S. Consulate. The department will forward the E-3 request documentation prepared by IS to the individual at their home address in Australia via secure courier. They can then apply for an E-3 visa at their nearest U.S. Consulate and enter the USA.
USCIS Processing
Can be used where the person is already in the USA and does not wish to return to Australia for Consular Processing.
- Stage 1: IS Processing: Approximately 6 weeks from the time request materials are complete. Specific case issues may require additional processing, for example, to obtain a prevailing wage, an Export Control Certification Attestation, or address other issues. This can delay processing from 2 weeks to 3+ months. Every effort is made to spot issues early in processing so that they can be factored into the estimated timeline for the individual case.
- Stage 2: Government Processing: All UTRGV E-3 cases are submitted via the USCIS Premium Processing Program. Typically, this takes 15 days. However, in some cases, the USCIS may issue a Request for Evidence (RFE). This can delay processing, commensurate with the nature of the RFE.
- Stage 3: Approval Document Delivery: The USCIS mails the original approval notice to IS, which can take 7-14 days from the time of decision. If the individual is abroad, the notice must then be sent to them so that they can go to a U.S. Consulate to obtain a visa stamp in their passport and enter the USA in E-3 status. This can take an additional 2 weeks or more.
EAD
Optional Practical Training
Requesting OPT
Make sure the individual has the appropriate employment authorization document before beginning work. The interested individual should contact their student international office for help on how to fill out the form to obtain an OPT.
OPT: EAD card
STEM OPT: EAD card has to be related to their field of study. For UTRGV’s E-verify number, please contact HR-Immigration Services.
If your candidate is about to graduate, we strongly recommend that they apply for Optional Practical Training. The Office of International Services in their institution has information about how and when to apply.
If the individual will be working at UTRGV after graduating, we will be happy to work with the individual and the hiring department.
Please have them contact IS.