Volume 14 Issue 2
February 22, 2011
4 MONTHS LEFT…
…to utilize your current Flexible Spending Plan Accounts (Medical Expense Reimbursement & Dependent Care Expense Accounts). The end of the current Flexible Spending Plan Year is quickly approaching (June 30, 2011). Services must be incurred during the plan year ending June 30, 2011. Unused contributions will be forfeited at the end of the plan year (NO EXCEPTIONS). You may contact Total Administrative Services Corporation (TASC) at 1-800-422-4661 to obtain an updated status of your account. Employees should have already received their personalized reimbursement form in the mail from TASC. If you do not have your personalized reimbursement form, please contact TASC.
We urge all employees to submit their reimbursement forms to TASC in a timely manner. Although services MUST be incurred by June 30, 2011, you do have 90 days after this date to submit your reimbursement forms with ALL supporting documentation (ex. receipts, contracts) needed to reimburse you for Flexible Spending monies. DO NOT WAIT until the end of the 90-day grace period to submit your reimbursement forms!!!
Special Note: If an employee with flexible spending has or will be terminated from the RCUH prior to June 30, 2011, his/her “plan year” will end at the end of the month of termination. This means that expenses must have been incurred prior to the end of the month of termination. The employee will have the option to continue their flexible spending plan for the rest of the plan year (through June 30, 2011) by electing in COBRA coverage (subject to $3.50/month admin fee).
REMINDERS TO NONIMMIGRANT VISA HOLDERS
All foreign employees are required to notify RCUH’s Human Resources/Immigration Associate of any changes to employment and/or personal status that may/may not affect their visa or work authorization. It is ultimately the foreign employee’s responsibility to ensure that these changes do not affect their ability to continue employment with the RCUH.
TRAVELING OUTSIDE THE U.S.?
- Employees on H-1B, J-1, TN, E-3, or O-1 visas sponsored by the RCUH must contact Janet Zukemura at (808) 956-0871 or [email protected] at least two weeks prior to their departure date so that we can provide the employee with the proper documentation for their reentry into the U.S.
- Nonimmigrant employees should always check the validity dates of their passport before they travel. If their passport expires prior to their approved status end date, they should renew their passport before they return to the U.S. If they do not renew their passport, upon their reentry into the U.S., the immigration officer will issue them an I-94 Arrival/Departure record valid only until their passport’s expiration. If this were to happen, regardless of what their I-797 Approval Notice form states, the end date written on the new I-94 will be the expiration date of their status.
IMPORTANT Dates to Remember (March):
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3/1 |
Payroll Deadline – 12:00 noon for PE 2/28/11 |
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3/7 |
Pay Day |
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3/7-3/9 |
Web Time Preview 1 |
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3/9 |
PAF Deadline |
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3/10 |
HRAMP Deadline |
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3/10-3/11 |
Web Time Preview 2 |
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3/14-3/15 |
Web Time Input |
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3/16 |
Payroll Deadline– 12:00 noon for PE 3/15/11 |
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3/22 |
Pay Day |
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3/22-3/24 |
Web Time Preview 1 |
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3/24 |
PAF Deadline |
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3/25 |
HOLIDAY – Prince Kuhio Day |
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3/28 |
HRAMP Deadline |
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3/28-3/29 |
Web Time Preview 2 |
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3/30-3/31 |
Web Time Input |
IMPORTANT Dates to Remember (April):
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4/1 |
Payroll Deadline – 12:00 noon for PE 3/31/11 |
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4/7 |
Pay Day |
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4/7-4/11 |
Web Time Preview 1 |
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4/11 |
PAF Deadline |
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4/12 |
HRAMP Deadline |
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4/12-4/13 |
Web Time Preview 2 |
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4/14-4/15 |
Web Time Input |
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4/18 |
Payroll Deadline– 12:00 noon for PE 4/15/11 |
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4/20-4/25 |
Web Time Preview 1 |
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4/21 |
Pay Day |
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4/22 |
HOLIDAY – Good Friday |
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4/25 |
PAF Deadline |
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4/26 |
HRAMP Deadline |
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4/26-4/27 |
Web Time Preview 2 |
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4/28-4/29 |
Web Time Input |
TIMESHEETS FOR THE MONTH OF February-March:
February 16-28
March 1-15
March 16-31
SSE Timesheet (Form D-9c)
2011 Personnel Action & Payroll Calendar
2011 Special Check Calendar
The Principal Investigator’s Corner
NEW H1-B/O-1 EXPORT COMPLIANCE FORM FOR COMPLIANCE WITH ITAR/EAR REGULATIONS
Effective February 20, 2011, the United States Citizenship and Immigration Services (USCIS) requires employers to use the revised I-129 Petition for a Nonimmigrant Worker form when petitioning for H-1B or O-1 non-immigrant visas. The primary change made to the revised I-129 form is the addition of Part 6: Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the U.S. This change will require the Research Corporation of the University Of Hawaii (RCUH) to certify whether a non-immigrant worker will be performing work that is subject to the U.S. Department of State’s International Traffic in Arms Regulations (ITAR) or the U.S. Department of Commerce’s Export Administration Regulations (EAR) and if an export license will be required.
WHAT IS AN ITAR/EAR EXPORT?: Both ITAR and EAR are federal laws that prohibit the “export” of controlled technology and technical data to foreign countries and citizens of these countries identified in these regulations. U.S. employers may export these technologies provided they meet the requirements specified in the ITAR and EAR regulations (e.g., obtain an applicable license to export). An export is not limited to shipping goods/services to a foreign country, it also includes the release of controlled technology or technical data to a foreign national working in the U.S. ITAR and EAR regulations have very strict rules against disclosure (including oral or visual disclosure) or transferring controlled technology or technical data to a foreign person working in the U.S. To comply with these regulations, the RCUH must accurately complete the new I-129 form. Therefore, Principal Investigators must understand the ITAR/EAR regulations as it applies to your own research project(s). Principal Investigators must be able to determine whether any technology or technical data is applicable to ITAR and/or EAR. If so, will any of the technology or technical data be released to or be accessed by a foreign national. Finally, Principal Investigators must determine whether an export license may be required from the Department of Commerce Bureau of Industry & Security or the Department of State Directorate of Defense Trade Controls before releasing such technology or technical data to the foreign national.
NEW RCUH COMPLIANCE FORM (Initial Certification and Follow-up Certification): To comply with the new requirements of the revised USCIS I-129 application, we have instituted a new “RCUH H1-B/O-1 Export Compliance Certification” form (RCUH Form I-100) that must be completed and submitted along with the H-1B/O-1 Request Form(s). On the RCUH H-1B/O-1 Export Compliance Certification form, you will be required to acknowledge that you have reviewed and understand, and have/will continue to comply with the U.S. Munitions List [identified in the Arms Export Control Act (22 U.S.C. 2778)] and the Commerce Control List [identified in the Export Administration Act (50 U.S.C. 2401)]. Further, you will need to certify that if your foreign national employee’s (non-immigrant worker’s) work assignments or work environment changes where exposure to ITAR/EAR regulated technologies may be present, a new certification form will be submitted to the RCUH Human Resources Department immediately.
PENALTIES (FINES/IMPRISONMENT): Falsification of the “H1-B/O-1 Export Compliance Certification” form (RCUH Form I-100) will lead to immediate termination of your employee’s employment/visa status and all support provided to you and your program by the RCUH. This is necessary since the penalties for misrepresentation to the USCIS are significant. The importance of providing correct attestations with respect to the export control requirements are underscored by the penalties for providing incorrect information. Form I-129 requires the employer to certify under penalty of perjury under the laws of the U.S. that the petition and the supplemental evidence are honest and accurate to the best of the employer’s (and Principal Investigator’s) knowledge. Violations of the ITAR/EAR regulations may result in, but not limited, to the following penalties:
· International Traffic in Arms Regulations (ITAR)
Ø Criminal Sanctions:
o Employer fines of up to $1,000,000 for each violation
o Individual fines of up to $250,000 or imprisonment for up to ten years, or both, for each violation.
Ø Civil (Administrative) Sanctions: Fines of up to $12,000 for each violation, except that the fine for violations involving items controlled for national security reasons is up to $120,000 for each violation.
Ø Other Sanctions: Denial of export privileges and/or Seizure/Forfeiture of goods.
· Export Administration Regulations (EAR)
Ø Criminal Sanctions:
o Employer fines of up to the greater of $1,000,000 or five times the value of the exports for each violation
o Individual fines of up to $1,000,000 or up to ten years in prison, or both, for each violation.
Ø Civil (Administrative) Sanctions: Fines of up to $500,000 for each violation.
Ø Other Sanctions: Denial of export privileges, exclusion from practice, and/or Seizure/Forfeiture of goods.
QUESTIONS?: Any questions relating to ITAR and/or EAR compliance should be directed to Leonard R. Gouveia Jr., the University of Hawaii Administrative and Export Compliance Officer, Office of the Vice President for Research, at (808) 956-4740, or [email protected].
REPORTING Work-Related Injury/Illness TO RCUH HR
All supervisors and/or designated project personnel must report any work-related injury/illness to the RCUH Human Resources Department within 24 hours from the occurrence. “Reporting” consists of completing, faxing, and mailing the Supervisor’s Report of Industrial Injury Form and Employee/Claimant Consent Form (both forms available as attachments in the WC Policy (3.580)). During the initial notification process, the supervisor must give the injured employee the Worker’s Compensation (WC) memo (signed by our Director of Human Resources) explaining WC procedures ensuring proper administration of the claim. This memo can be found as an attachment at the bottom in the WC Policy (3.580). Any questions regarding the content of the policies and/or clarification of WC benefits and procedures should be directed to Kristen Stevens at (808) 956-6979.