Welcome back to campus and to the start of a new semester! It is our sincerest hope that you had a nice and enjoyable winter break.

ISSS is welcoming one new International Faculty/Scholar Advisors to the team, Wrenna Dorrer from Shepherd University. She comes to the University of Maryland with experience processing visas for international students and scholars. She is undertaking an intensive 4-week training program. ISSS continues to search for a third Faculty/Scholar Advisor; this remains a priority.

As we navigate the changing landscape of immigration regulations, ISSS remains committed to our international campus community. UMD values the diverse perspectives and talents that international faculty and scholars bring to campus and ISSS is here to provide guidance, resources, and a welcoming environment for our international faculty and scholars. We look forward to working together with departments across campus to address hiring needs for the coming year.

Thank you! Your feedback is helping our team finalize the list of Spring 2025 training workshops. Please keep an eye out for the invitation!

Connie Jesse Lira
Assistant Director
ISSS Faculty/Scholar Team

H-1B, E-3, O-1 and TN Employment Visas 

• The Department of Homeland Security published a final rule, Modernizing H-1B Requirements, which became effective January 17, 2025. The rule revises the definition of “specialty occupation” and codifies provisions for third-party placement, amendments, and provides deference to previously approved petitions. Below are some highlights of the new rule, which we will review during our next H-1B training workshop.
  • A position may qualify as a specialty occupation even when the employer requires a range of qualifying degree fields as long as the fields are “directly related” to the duties of the position.
  • A material change to the LCA facts, including a change in the worker’s place of employment (work site), requires the filing of an amendment before the change takes place.
  • When USCIS adjudicates an I-129 petition, USCIS will defer to the prior I-129 approval. This change provides employers greater predictability when filing an extension.
  • Third-party placement: evidence of a job offer and contracts are required and the requirement to provide an itinerary is eliminated.
  • DHS is granted authority to conduct site visits at locations where the H-1B employee works, has worked, or will work, including third-party worksites. Refusal to comply with a site visit could result in the denial or revocation of a petition.
     
• USCIS is implementing background checks in select H-1B cases. This background check is causing delays in the adjudication process. ISSS is working closely with University leadership to review the impact of these security checks. The Department will be informed if your H-1B applicant is selected for a background check during the processing of the petition.
   
• USCIS Fraud Detection and National Security Unit has reinstated its review and audit of H-1B petitions.  The university should expect more audits in the coming year. How to prepare for an H1B audit will be reviewed  in the upcoming H-1B workshop.
   
• Effective January 17, 2025, USCIS will no longer be required to adjudicate applications for dependent status or employment authorization at the same time as the principal H-1B case. USCIS has not released any guidance  on whether they will extend this benefit ; we are monitoring this development closely.  This decision will impact the ability of H-4 dependents' ability to travel, seek employment authorization or to extend their drivers license. We encourage departments to submit H-1B extension requests as early as 6 - 7 months before the end date. This will help to minimize the impact on H-4 dependents. 
  
  REMINDERS
• Part-time teaching positions require a minimum of 10 hours; research positions require a minimum of 20 hours curtesy
• Reminder: Only teaching positions may hold 9-month appointments 
   

J-1 Exchange Visitor Program

• The Department of State has issued a public notice to revise the Exchange Visitor Skills List effective December 9, 2024.  The Exchange Visitors List is a list of skills deemed necessary for the development of certain countries. Under the new list, many highly skilled researchers will not be required to fulfil the 2-year home residency requirement when they complete their programs. A number of countries were removed from the list, including China, India and South Korea, from where most of our exchange visitors come. Please note that this rule does not apply to those exchange visitors who received government funding to support their J-1 program. ISSS will conduct a thorough review of the scholar’s immigration documents on a case-by-case basis to assist with a determination.
   
• The minimum funding for the J-1 exchange visitor program is set by UMD's Faculty Salary Guidelines.  Based on the Faculty Assistant 12-month salary, the minimum funding amount of $44,986 per year ($3749 per month) is required to sponsor a J-1 exchange visitor.
  
  J-2 Dependent Funding was revised. Effective immediately the minimum funding for J-2 dependents will remain at $5000 per year per dependent. 
   
• As of July 1, 2023, scholars and interns (J-1) are permitted to telework 1 - 2 days per week. The Department of State requirement is in sync with UMD telework policy.  Please remember that scholars appreciate meeting with their host faculty members. Meeting regularly and mentoring the scholar as they work towards their programmatic goals is an important part of the exchange program.
   
• J-1 Start Dates: When possible, we ask that new paid J-1 exchange visitors receive start dates on the first of the month in order to simplify the health insurance process for the exchange visitor. When the J-1 scholar does not have coverage at the start of their position, they can receive coverage under the UMD SHIP policy at a daily premium rate until they can be added to the State of Maryland's insurance plan. Please refer your new J-1 scholars and interns to ISSS to enroll in this coverage.
   
• Use of Faculty Titles: The J-1 Research Scholar and Professor categories are limited to temporary position titles: postdoctoral associate, faculty assistant, and visiting scientists and visiting professors. J-1 regulations prohibit the use of the visa for tenure-track, tenured, and permanent positions. If you are processing a Contingent Worker in Workday, it is important to use a J-1 eligible title in the Business title field.
   
• J-1 Online Check-in: Upon arrival to the U.S., all J-1 scholars will check-in online through iTerp. The Login instructions for iTerp are posted on the ISSS website. In some cases, the scholar may require assistance with uploading documents into iTerp. Please note that a digital photo or a scan can be used for uploading documents into iTerp. J-1 scholars receive information about the check-in process in the information sent to them prior to arriving in the U.S..
   

F-1 OPT and OPT STEM

• Reminder F-1 OPT and OPT STEM are two employment benefits that are used by UMD to employ international faculty. Please review the end dates on the employment authorization card to plan for future employment on J1 or H-1B sponsorship. If the supervisor has approved visa sponsorship to continue employment, we ask departments to submit the visa request in iTerp as early as 6 - 7 months before the EAD expiration date. 

Immigration Processing Times

• H-1B Employment: We ask that H-1B petitions be submitted with a 6-month lead time to provide the new employee a smooth transition to UMD. This time frame is especially important when the H-1B applicant is outside the U.S. and will need to undertake the visa application and plan for travel to begin employment.   USCIS is adjudicating H-1B petitions in approximately 4 - 6 months, but we are seeing an increase in processing times.  Filing applications early will be important. Under the new upcoming administration, UMD is expecting longer processing times and greater effort in preparing petitions with more details and supporting documents.
  
  We do require that initial requests be submitted with a minimum of 3-months lead time. These cases will most likely require premium processing which means USCIS will adjudicate the petition within 15 business days and take an additional 10 days to mail the approval notice to UMD.
   
• J-1 Exchange Visitor: Initial requests for a J-1 DS-2019 must be submitted to ISSS 3- 4 months before the start date. This processing time allows time for departmental and ISSS processing, as well as sufficient time for the employee to apply for a US visa, undergo background checks (4 - 6 weeks), handle their personal matters and travel to the US to find housing and settle-in before starting their position. Once the request is received at ISSS, please allow for 2 - 3 weeks for DS-2019 processing. ISSS processes requests in the order that they are received to create equity in the application process.

U.S. Consulates/Embassies - Visa Issuance

• Reminder: The State Department maintains a policy to waive visa interviews for nonimmigrant visa holders. The policy, issued in 2021, is reviewed annually and remains in effect until further notice. It permits select H-1B, O-1 and J-1 applicants with a previously approved visa to request a waiver of the visa interview. Visa applicants must apply for a visa while physically present in their country of nationality or residence. The foreign national will be required to complete the DS-160, visa application, and pay all associated visa fees when applying. The visa applicant will be responsible for emailing the consulate to request the waiver.
   
• We continue to monitor U.S. government entry restrictions and the operations of U.S. embassies and consulates with regard to visa issuance. Please visit the Department of State - Bureau of Consular Affairs website for visa wait times. This website provides information on the time required in advance of the visa interview.