Immigration info and strikes

Dear postdocs,

We understand that recent communications from OHSU about immigration and visa status have created concerns. In an effort to provide you with the most accurate information, we have discussed OHSU's communications with an immigration attorney.  She has provided the following information:

  • The document OHSU sent out is accurate as far as my knowledge and USCIS is concerned. If you have any specific questions about certain sections or need someone to translate specific legalese, please let me know. Below are my general summaries of how the strike impacts different visa holders.

  • H-1Bs (specialty occupation) and E-3s (specialty occupation - Australians): 

    • Basically, if they have already started work in the US under one of these visas and they participate in a strike they won't lose their status unless they violate some other aspect of their approved status. Their visa is not extended by the strike, so they should still plan to leave the US or renew their visas per the date provided by USCIS or USBP.

  • F-1s (student visa) on OPT (Optional Practical Training):

    • If the DOL certifies a strike is in progress as OHSU, then the work authorization for those on F-1s on OPTs is suspended, meaning they cannot work for OHSU while the strike is in progress, but could work for another employer as long as it meets the OPT requirements. Days not working do count toward the 90-day unemployment days maximum, so keep track.

  • J-1s (exchange visitors / trainees):

    • Nothing worth noting here that is different from the document.

  • TNs (NAFTA professionals): 

    • Nothing worth noting here that is different from the document.

  • Advice to visa holders: 

    • Talk to your immigration attorney (if you used one in filing for your petition) about your specific situation.

    • Don't do anything that would cause you to lose status under "normal" circumstances.

    • Don't leave the US during the strike unless you don't have the intent to re-enter soon or unless you have to for your visa. However, if your visa does require that you leave, do not expect to be able to re-enter until the strike is over and DOL has been made aware.

Common Questions:

  • Can I work on my current visa somewhere else? Generally, no. It would require the prospective new employer to submit a petition for you to get approval for that visa which would then be tied to that employer.

  • Can I file for unemployment or get public benefits? No.

  • Can I leave the US during the strike and come back in? Not advised. Don't expect you'll be able to re-enter easily.

  • Have other postdoc strikes been certified by the DOL? It is rare for strikes to be certified by DOL according to ICE. We have consulted postdocs from UW, UC, and Mt. Sinai and no postdoc strike has been certified by the DOL to our knowledge. 

It remains essential for postdocs to stand together and stay strong.  Our power is in our numbers and our willingness to take action to fight for a fair contract.  The community is joining with us as evidenced by the decision of the Joint Council of Teamsters Local 37 to sanction our strike and stop UPS deliveries to OHSU. The goal is to apply overwhelming pressure on OHSU to quickly resolve this dispute with the contract that we all deserve.  

contact your union rep for additional resources [email protected]