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| Appropriate Job Titles at Rensselaer: Professor, Associate Professor, Assistant Professor, Research Assistant Professor, Research Scientist, Post Doctoral Research Associate, Research Associate, and Senior Research Associate Guidelines at Rensselaer: 1. Rensselaer strongly recommends the noncitizen hire and pay an attorney to file the Labor Condition Application (LCA) - (Form ETA 9035) and H-1B petition ( Form I-129). If a noncitizen does not hire an attorney, it is the noncitizen’s sole responsibility to complete and file the LCA and H-1B petition on their own (for further information please refer to step #10). Note: If the individual is overseas, the department will act as the primary contact for the attorney and noncitizen. 2. Per IMMACT 90 regulations, Rensselaer is required to have documentation that shows the H-1B nonimmigrant will be paid at least the actual wage level paid to all other Rensselaer individuals with similar experience, qualifications, and position or the "prevailing wage" level for the occupation in the area of employment. The labor department requires that the employer document the basis used for establishing the actual wage paid to other individuals, if any, with similar experience and qualifications as the H-1B non- immigrant. Such documentation does not need to be submitted to the labor department, but needs to be maintained by Rensselaer. For purposes of establishing the actual wage, Rensselaer may take into consideration objective standards relating to experience, qualifications, education, specific job responsibility and function, specialized knowledge and other legitimate business factors. The use of any or all of these factors is at the discretion of the hiring department. The department must document an objective system used to determine the wages of non H-1B workers and apply that system to H-1B non-immigrants as well. It is not sufficient for the department simply to calculate an average wage of all non H-1B employees in an occupation; the “actual wage” is not an “average wage.” The explanation of the compensation system must be sufficiently detailed to enable a third party to apply the system to arrive at the same actual wage computed b the department for any H-1B non-immigrant. The computation of the actual wage can be put in the form of a memorandum and should be maintained by the hiring department along with the prevailing wage information and LCA notice. A copy of this information should be forwarded to Human Resources. 3. As employers will now be required to pay return transportation costs for H-1B workers who are dismissed before the end of their authorized stay, Rensselaer will only sign H-1B petitions for the term of the noncitizen’s appointment at the Institute. If the H-1B worker is dismissed before the end of their authorized stay, the hiring department is responsible for any return transportation costs. 4. After seeking appropriate employment approval, the department may now offer employment to the noncitizen and can issue an offer letter. This offer letter should state, “This offer is contingent upon your obtaining satisfactory work authorization from the United States immigration authorities; if you are unable to obtain such permission, Rensselaer will not be able to fulfill its commitment to employment.” A copy of this offer letter should be forwarded to Human Resources. 5. The attorney or the noncitizen prepares the LCA for Rensselaer’s Human Resource’s signature and posting (Human Resources has been designated by Rensselaer to sign all LCA’s for employees). 6. a.) After the LCA is approved by the Department of Labor, the attorney or noncitizen prepares the H-1B petition. Human Resources will sign the H-1B petition (Human Resources has been designated by Rensselaer to sign all H-1B petitions for employees). 6. b.) If the LCA is contested by the DOL, and the Department wishes to respond, any required documents will be furnished by the Department. (e.g. a survey may need to be conducted). 7. The H-1B petition and supplements are filed by the attorney or noncitizen. 8. The H-1B petition is approved or denied by the Immigration and Naturalization Service (INS). Please note: At all times, the noncitizen must have appropriate work authorization from the U.S. immigration authorities in order to work at Rensselaer. 9. Reminder: A new employee must complete an Employment Eligibility Verification Form (Form I-9) prior to or within the first three days of employment in order to begin work at Rensselaer. 10. If a noncitizen does not hire an attorney, it is the non-citizen’s sole responsibility to complete and file the LCA and H-1B petition on their own. For those noncitizen’s choosing not to hire an attorney, assistance regarding the petition process may be available by contacting the U.S. Immigration and Naturalization Service in Albany at 518-431-0330/(518)-472-2434 or the Department of Labor at 518-274-0800. LCA forms are available from the Department of Labor. I-129 forms are available from the Immigration and Naturalization Service. Please note, The Human Resource Department cannot act as an attorney for those noncitizens who have chosen not to hire an attorney. Therefore, all questions regarding filing an H-1B petition must be directed to the appropriate government office listed above. Some Rensselaer information needed to complete the forms: 1. Organizations name: Rensselaer Polytechnic Institute 2. Address Attention: Division of Human Resources 3. Street number and name: 21 Union Street, 2nd Floor, Troy, NY 12180 4. IRS ID number: 14-1340095 5. Type of business: Institution of Higher Education 6. Year established: 1824 7. Number of employees: 2000 8. Gross annual income and net annual income: nonprofit education and research |
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