[Plsfaculty] H1B Visa Applications

[Donna-Rae Marquez]

Hello All,

 

In the past month, the Department has submitted the paperwork for two of our
international employees (a Postdoctoral Research Associate and an Assistant
Research Scientist) to apply for H1B employment visas.  Both applications
have been reviewed by the BCIS with a finding regarding the prevailing wage
survey that has and may prevent these applications to be completed.

 

It appears based on BCIS new policies and procedures that the finding for
salaries, which is based on employer, job duties and competitive salaries
that BCIS is requiring to approve these applications we must pay the
applicant a higher salary.  In both cases, this was approximately at 25%
salary increase.  These salary rates are not equitable with our current
rates of pay for the Research Associates or Assistant Research Scientists in
the Department.   

 

Therefore, please be aware that if you agree to sponsor a H1B visa
application for one of your employees - you may be required to pay a higher
rate than other members of your laboratory.   Plus, this salary rate must be
approved by the Department, College and the UA Human Resources based on the
accepted guidelines.

 

Some of you have current employees in your laboratories that have H1B visas
and this criterion did not apply to them when they received their H1B visa.
That is correct - this is a new rule.   

 

When we process the paperwork for the H1B - we do not know ahead of time
what the outcome or finding will be for the prevailing wage survey.  This is
determined by the BCIS not the Department or the University.  But, since
this issue has occurred twice in the last month, I wanted to bring it to
your attention.

 

One concern that was raised by two faculty about this new salary
determination was for existing employees on H1B visas - do we have to
increase their salaries.  No, as their application for their current visa
was under the old rules - these findings do not apply.

 

Please let me know if you have any questions or concerns.

 

Sincerely,

Donna-Rae

 

 

 

Donna-Rae M. Marquez

Manager, Business & Finance

Department of Plant Sciences

The University of Arizona 

Forbes 303B

Tucson, Arizona 85721

520.621.8689 Telephone

520.621.7186 FAX

 

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