aadams2iuedu Office of Vice President amp General Counsel Immigration Practice What does Immigration Counsel do Provide easily accessible advice and collaboration on various general and specific immigration ID: 693913
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Angela AdamsAssociate General Counselaadams2@iu.edu
Office of Vice President & General Counsel
Immigration PracticeSlide2
What does Immigration Counsel do?Provide easily accessible advice and collaboration on various general and specific immigration issues and University policiesHelp to standardize policies and procedures for immigration cases Offer training and education within University administrationPartner with OIS and OIA to work with international students, scholars, and employees on specific casesDo
not advise or assist with personal immigration mattersAttorney fees and outside counsel
INDIANA UNIVERSITY
1Slide3
Immigration in Higher EducationINDIANA UNIVERSITY2Nonimmigrant VisasH-1B nonimmigrant visas (6-year limit)Extensions possible if meet 365-day Rule or approved I-140
J-1 international exchange visitor visas and waiversF-1 student visasO-1 Extraordinary Ability visaImmigrant Visas
EB-2 or EB-3 PERM
Labor Certification
Standard PERM
Special
Handling
PERM for teaching positions
EB-1 Outstanding
Professor or
ResearcherSlide4
Special Handling vs. Standard PERMThree-step Immigration ProcessLabor Certification (PERM or Special Handling)I-140 Petition for Immigrant WorkerI-485 Application for Adjustment of Status to Permanent ResidenceSpecial Handling Procedures – Teaching PositionsJob descriptions and qualificationsDefine the position broadlyInclude only the
minimum qualifications acceptable for the positionPreferences are considered requirements at the Department of LaborThe foreign worker must satisfy the requirements at the time of selection
Advertisements and
r
ecruitment practices
Published in a national professional journal (print or web for 30 days)
Must include:
Job title
Job location
Duties
Requirements –
minimum
qualificationsOne-click Rule / Pointer Ads not recommendedPrevailing wage determinations (PWD)
INDIANA UNIVERSITY
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Special Handling vs. Standard PERMStandard PERM Procedures Prevailing Wage Determination (PWD)Document a good faith effort to test the U.S. labor market and ensure that no U.S. workers are available to fill the foreign worker’s positionRe-advertise and recruit for the position 2 Sunday print ads Job order with SWA for 30 days
Notice posting in job locationIn-house media3 additional forms of recruitmentBenefits
of Special
Handling over
Standard PERM
Streamlined and relatively fast process
Most qualified candidate vs. Minimally qualified U.S. worker
Real-world recruitment satisfies the application requirements in most cases
INDIANA UNIVERSITY
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Next Steps after DOL CertificationI-140 Immigrant Petition for Alien WorkerApplicant meets qualificationsEmployer has ability to payI-485 Application for Adjustment of Status to Permanent ResidenceWhen priority date is currentINDIANA UNIVERSITY5Slide7
Examples of Immigration-Related IssuesH-1B Prevailing Wage Determination (PWD) issuesSpecial Handling advertising and procedures DACA Student Academic Appointment and residency issuesKelley School of Business Executive Partners ProgramResponse to Department of Homeland Security inquiriesStudents working without proper authorization
META: Mapping Education Towards Achievement Title IX Student Welfare: immigration options for victims
INDIANA UNIVERSITY
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International Students in the United States819,644 international students enrolled at U.S. institutions in 2012-2013*International students make up 3.9% of total U.S. enrollment250,920 new international students enrolled at U.S. institutions in 2012-201345% increase from 2007 - 2012INDIANA UNIVERSITY7
*Institute of International Education. (2012). "International Student Enrollment Trends, 1949/50-2012/13." Open Doors Report on International Educational Exchange. Retrieved from http://www.iie.org/opendoors.Slide9
International Students in the State of IndianaINDIANA UNIVERSITY8 State
2011 - 2012
2012 - 2013
% Change
1.
CA
102,789
111,379
8.4%
2.
NY
82,436
88,250
7.1%
3.
TX
61,511
62,923
2.3%
4.
MA
41,258
46,486
12.7%
5.
IL
35,920
39,132
8.9%
6.
PA
33,398
37,280
11.6%
7.
FL
32,567
32,7460.5%8. OH26,42728,4017.5%9. MI25,55126,9305.4%10.IN22,19424,40810.0%
*Institute of International Education. (2013). "Top 25 Institutions Hosting International Students, 2012/13." Open Doors Report on International Educational Exchange. Retrieved from http://www.iie.org/opendoors.
The State of Indiana Ranks 10
th
for Hosting International StudentsSlide10
International Students at Indiana UniversityINDIANA UNIVERSITY9
8,293 international students were enrolled at all campuses in 2013*
Trending upward
Increased 30.8% from 2009 – 2013
*
Indiana University Office of International Services. (2013).
iStart
.
Retrieved
from https
://
istart.iu.edu/dashboard/index.cfm?graph=studentEnrollmentTrends&isLoaded=yes.
**All university-specific data retrieved from
iStart
online statistics through the Indiana University Office of International Services.Slide11
International Student Enrollment, by CampusINDIANA UNIVERSITY10Slide12
International Students, by Country of OriginINDIANA UNIVERSITY11Slide13
International Students, by Field of StudyINDIANA UNIVERSITY12Slide14
International Students, by Visa ClassificationINDIANA UNIVERSITY13Slide15
International Scholars in the United StatesINDIANA UNIVERSITY14
122,059 international scholars in the United States in 2012-2013*
The number of international scholars in the U.S. is increasing
15% increase from 2007 – 2012
*Institute of International Education. (2013). "International Scholar Totals by Place of Origin, 2011/12-2012/13."
Open Doors Report on International Educational Exchange
. Retrieved from http://www.iie.org/opendoors.Slide16
International Scholars at Indiana UniversityINDIANA UNIVERSITY15
1,223 international scholars combined from all campuses in 2013-2014
Slight decrease from the peak of 1,398 in 2010-2011
National trend shows slight increase in international scholarsSlide17
International Scholars, by CampusINDIANA UNIVERSITY16Slide18
International Scholars, by Country of OriginINDIANA UNIVERSITY17Slide19
International Scholars, by SpecializationINDIANA UNIVERSITY18Slide20
International Scholars, by Primary PurposeINDIANA UNIVERSITY19Slide21
International Scholars, by Nonimmigrant VisaINDIANA UNIVERSITY20Slide22
Number of IU Petitions Filed, 2011-2013INDIANA UNIVERSITY21Category
2011
2012
2013
H-1B Nonimmigrant Visa Petitions
195
206
188
PERM Applications
43
41
24
Outstanding Professor/Researcher Petitions
10
16
19Slide23
QuestionsINDIANA UNIVERSITY22Angela AdamsAssociate General Counselaadams2@iu.edu