News & Notes – Fall 2023

General Information
J-1 Exchange Visitor Program
E-3, H-1B, O-1, and TN Employment


General Information

Presidential Proclamations and Executive Orders

The following Presidential Proclamation is still in effect:

The Presidential Proclamation suspending entry of Chinese students and researchers connected to the People’s Republic of China (PRC) “Military-Civil Fusion Strategy” (MCF). This proclamation suspends entry of those who seek to enter the U.S. pursuant to an F or J visa to study or conduct research in fields that contribute to MCF strategy and who either receive funding from or who are currently or have been employed by, study at, or conduct research at or on behalf of, an entity in the PRC that implements or supports PRC’s MCF strategy. The proclamation does not apply to undergraduate students. Only those who meet all three criteria – field of study, affiliation with a MCF entity, and graduate level or above – are subject to the visa restriction.

The key technologies targeted under MCF include quantum computing, big data, semiconductors, 5G, advanced nuclear technology, aerospace technology, and AI. Consular Officers at U.S. embassies/consulates worldwide will make this determination.

Please be advised – if you are planning to invite a J-1 EV from China who is a graduate student or researcher in a STEM field AND is receiving any amount of China Scholarship Council (CSC) funding, their J-1 visa application is likely to be denied by the U.S. embassy/consulate officer. At this time, we do not have any information as to when PP 10043 will be terminated.

U.S. Visa Interview Waiver Eligibility Extended

The U.S. Department of State (DOS) has announced an extension of its nonimmigrant visa interview waiver program for certain temporary workers, students, and exchange visitors through December 31, 2023. Under the program extension, U.S. consular officers can waive the in-person interview requirement for certain H-1B, O-1, P-3, F-1, and J-1 visa applicants. Please note – you must be in your home country for the interview waiver. Do not mail your passport home to a family member to renew your visa. Please go to the FSIS website for more information: https://manoa.hawaii.edu/fsis/2023/01/18/waivers-of-the-interview-requirement-for-certain-nonimmigrant-visas

Training on UH Immigration Process Available

Our office is available to conduct group or one-on-one training for Colleges/Schools interested in the J-1, H-1B, and/or Permanent Residence process. If your office is interested, please get in touch with Isis Bataluna at isis@hawaii.edu.

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J-1 Exchange Visitor Program

Non-Compenstated PNF

Effective immediately, FSIS will no longer require a non-compensated PNF for J-1 EVs receiving non-UH funding. If a College/School decides they want to appoint a J-1 EV to a non-compensated position, a copy of the Non-Compensated PNF does not need to be included in the DS-2019 Requests. We will continue to require the J-1 EV to provide evidence of financial support in the DS-2019 Initial and DS-2019 Extension Requests.

DOS Guidance on Remote Program Participation (notification sent June 20, 2023)

Guidance from the U.S. Department of State’s (DOS) Bureau of Education and Cultural Affairs (ECA) clarifies that as of July 1, 2023, J-1 Research Scholars, Professors, Short-Term Scholars, and Specialists may participate remotely no more than 40% of their program (e.g., two out of five days per week) when their program sponsor has instituted partial remote policies and their sponsor has approved their hybrid program participation.

All UH J-1 EVs should already be predominately participating in their program activities in-person at least 3-4 days a week at their reported sites of activity. If you are unable to meet the DOS‘s rules, please notify your FSIS International Scholar Specialist.

Updated J-1 Forms

To ensure your department is submitting the most up-to-date forms, please bookmark the link to our web page for the forms and documents: https://manoa.hawaii.edu/fsis/downloads/. The following forms have been updated for the DS-2019 Requests:

  • DS-2019 Initial Request Form and DS-2019 Extension Request Form
  • J-1 Invitation Letter Template and Extension Letter Template
  • Agreement to Oversee J-1 Exchange Visitor and J-2 Dependents

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

H-1B, TN, E-3, and EB-2 Requests

FSIS is moving forward with Colleges/Schools submitting H-1B, TN, and E-3 Requests packets via UH FileDrop. We also encourage EB-2 and EB-3 Request packets to be submitted via UH FileDrop. Please continue to submit O-1 Requests, P-3 Requests, and EB-1 Requests as one-sided hard copy request packets. Please ensure that documents are printed on white paper in portrait layout.

Delays at the U.S. Department of Labor

UH Colleges/Schools can sponsor international employees in full-time tenure-track, permanent faculty positions for labor certification application (PERM) at the U.S. Department of Labor (DOL). Before filing the labor certification application, FSIS must file a prevailing wage determination (PWD) with DOL. However, DOL is still experiencing significant process delays and it can take up to 2-3 years to receive a certified labor application. Because of these delays, FSIS recommends initiating the PWD as early as possible. There is no cost to the College/School when filing a PWD. Please contact Yumi (employees last names A-M) or Isis (employees last names N-Z) to start this process.

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