HOSTING/HIRING FOREIGN NATIONAL VISITORS SCHOLARS AND EMPLOYEES

Transcription

1 HOSTING/HIRING FOREIGN NATIONAL VISITORS SCHOLARS AND EMPLOYEES istart DEPARTMENTAL USER GUIDE PRESENTED BY: THE DIRECTORATE OF INTERNATIONAL STUDENT & SCHOLAR ADVISING (DISSA) The Pennsylvania State University Spring 2017

2 HOSTING/HIRING FOREIGN NATIONAL EMPLOYEES AND SCHOLARS THE MAJORITY OF FOREIGN NATIONAL EMPLOYEES, SCHOLARS AND VISITORS WILL NEED TO BE PROCESSED IN istart BY THE HIRING OR HOST DEPARTMENT. J-1 SCHOLAR ADVISING ADVISES AND ASSISTS PRIMARILY WITH REGARD TO J-1 SCHOLARS. FACULTY ADVISING ADVISES AND ASSISTS ELIGIBLE H-1B, TN, O-1, AND E-3 EMPLOYEES WITH REGARD TO VISA AND EMPLOYMENT-BASED SPONSORSHIP FOR PERMANENT RESIDENCY. BEFORE A FOREIGN NATIONAL CAN BEGIN WORKING, CONDUCTING RESEARCH, ETC., J-1 SCHOLAR ADVISING OR FACULTY ADVISING MUST APPROVE THE APPROPRIATE istart eforms. NOTE: INTERNATIONAL STUDENT ADVISING ADVISES AND ASSISTS ELIGIBLE UNDERGRADUATE INTERNATIONAL STUDENT INTERNS. NOTE: THE DIRECTORATE OF INTERNATIONAL STUDENT AND SCHOLAR ADVISING (DISSA) DOES NOT ADVISE OR ASSIST INTERNATIONAL VISITORS IN B-1/B-2 OR VISA WAIVER VISA STATUSES.

3 GLOBAL PROGRAMS/DISSA ORGANIZATIONAL STRUCTURE Global Programs Directorate of International Student and Scholar Advising (DISSA) Pre-Arrival Advising International Student Advising J-1 Scholar Advising International Faculty Advising

4 INTERNATIONAL FACULTY ADVISING Zoe Guy Assistant Director Lisette Hickok International Faculty Adviser Michael Madeira International Faculty Adviser Ping Yu International Faculty Adviser Allison Wicks Program Assistant

5 INTERNATIONAL FACULTY ADVISING CONTACT INFORMATION Telephone Address Advising (814) Boucke Building, University Park, PA By Appointment

6 J-1 SCHOLAR ADVISING Jessica Gardner Assistant Director Bernadette Bove J-1 Scholars Adviser Allison Wicks Program Assistant

7 J-1 SCHOLAR ADVISING CONTACT INFORMATION Telephone Address Walk-In Advising (814) Check-in at the DISSA Advising Desk: 408A Boucke Building Monday, Tuesday 1:30pm-4:30pm Thursday, Friday 8:30am-11:30am

8 LOG INTO istart USING YOUR PSU ACCESS ACCOUNT BY CLICKING ON THE ADMINSTRATIVE SERVICES FOR UNIVERSITY DEPARTMENTS LINK REQUESTING ACCESS TO ISTART

9 REQUESTING ACCESS TO ISTART 1 - CLICK ON DEPARTMENTAL SERVICES 2- CLICK ON DEPARTMENTAL ACCESS REQUEST 3 - COMPLETE DEPARTMENTAL ACCESS REQUEST 4 - CLICK REQUEST ACCESS *ALWAYS SELECT SCHOLARS AS THE CAMPUS LOCATION* NOTE: ONLY THE PERSON IN NEED OF ACCESS CAN REQUEST ACCESS

10 PROCESSING FOREIGN NATIONAL EMPLOYEES AND SCHOLARS IN ISTART EACH NONIMMIGRANT AND IMMIGRANT SECTION CONTAINS 4 SLIDES GENERAL INFORMATION ABOUT THE VISA STATUS OVERVIEW OF THE PROCESS WITH THE VARIOUS ENTITIES AND SYSTEMS DETAILS OF THE PROCESS PER PERSON istart PROCESS; THE REQUIRED eforms AND DOCUMENTATION General Information Process Details & Timeline Process Overview istart eforms & Required Documents

11 PROCESSING FOREIGN NATIONAL EMPLOYEES AND SCHOLARS IN istart AFTER REVIEWING THIS GUIDE, YOU SHOULD BE ABLE TO DO THE FOLLOWING: ADD A NEW PERSON TO istart IDENTIFY WHICH STATUSES ARE PROCESSED BY J-1 SCHOLAR ADVISING IDENTIFY WHICH STATUSES ARE PROCESSED BY FACULTY ADVISING INITIATE REQUESTS IN istart REVIEW YOUR OPEN CASES

12 FEDERAL AGENCY OVERVIEW Department of Labor (DOL) Department of Homeland Security (DHS) Department of State (DOS) Employment & Training Administration Customs & Border Protection (CBP) Citizenship & Immigration Services (USCIS) Immigration & Customs Enforcement (ICE) Consular Affairs Educational and Cultural Affairs Foreign Labor Certification (PERM) SEVIS National Prevailing Wage Center

13 NONIMMIGRANT VISA DEFINITIONS & TERMS ISSUED TO PERSONS WITH A PERMANENT RESIDENCE OUTSIDE THE US BUT WHO WISHES TO BE IN THE US ON A TEMPORARY BASIS (I.E. TOURISM, BUSINESS, TEMPORARY WORK, OR STUDY). IMMIGRANT VISA ISSUED TO PERSONS WISHING TO LIVE PERMANENTLY IN THE US.

14 COMMON TEMPORARY VISA TYPES USED TO HIRE/HOST FOREIGN NATIONALS J-1 Scholar TN H-1B E-3 Uncommon F-1 Student on OPT O-1 Uncommon J-2 B-1/B-2 Cannot Earn Income J-1 Student on Academic Training

15 istart DEPARTMENTAL USER ACCESS THE SCREEN SHOTS DEMONSTRATE THE FOLLOWING: HOW TO LOG IN WITH DEPARTMENT ACCESS ACCESSING CLIENT CASES VISUAL OF WHAT GROUPED eforms LOOK LIKE AND WHAT PENDING FOR REVIEW MEANS UNDERSTANDING CLIENT ACCESS VS. 2 ND APPROVER

16 LOG IN WITH DEPARTMENT ACCESS Click Administrative Services for University Departments link Department access

17 VIEWING ALL CLIENT RECORDS

18 VIEW CASES YOU HAVE SUBMITTED YOU CAN CLICK ON CURRENT CASES TO PULL UP PAST CASES AND THEN CLICK OPEN CASES AGAIN TO RETURN TO OPEN CASES

19 CASE INFORMATION DISPLAY TO VIEW THE STATUS OF THE REQUEST FOR THIS CASE CLICK ON THE SPECIFIC REQUEST TITLE

20 REVIEWING A PENDING GROUPED eform The section is incomplete and needs action by the Department Administrator to either complete the section or initiate the second approver e-form to the scholar The section is complete and no further action is needed The section is not yet available until all other sections of the request have been completed The section is pending review by DISSA The section has been sent to a PI, HR, Dept. Head or Applicant as a second approver to complete. Upon completion of the 2 nd approver section, it will be complete and a check-box will be visible. The icons above are what you will see when completing the Becoming a J-1 Scholar request. Below is a brief description of other icons you may see as an istart Departmental Services user. Optional- Submission of this section is not required Draft- The section has been saved to draft status by Department Administrator Submit Another- Allows for multiple submissions of the same e-form - Use ONLY for NEW requests Follow-Up Required- The section has been saved to follow-up status by DISSA and requires action by the initiator of the request Denied- eform has been denied by DISSA - A NEW request must be submitted

21 CLIENT ACCESS VS. 2 ND APPROVER CLIENT ACCESS ALLOWS THE DEPARTMENTAL REPRESENTATIVE TO SEND AN ENTIRE eform TO THE CLIENT (SCHOLAR/EMPLOYEE) FOR THEIR COMPLETION. 2 ND APPROVER ALLOWS A HIRING MANAGER TO DESIGNATE A SECOND PARTY (APPLICANT, PI, HR, ETC.) TO COMPLETE A PORTION OF THE FORM (AUTHORIZATION, ENGLISH LANGUAGE PROFICIENCY, EXPORT CONTROL, ETC.).

22 TROUBLESHOOTING ISTART TIPS ENSURE THAT EACH PDF FILE IS SMALLER THAN 1 MB SCAN YOUR FILES AT 200DPI SCAN FILES AS BLACK/WHITE VERSUS COLOR CLEAR YOUR DEFAULT BROWSER S COOKIES AND CACHE TRY USING A DIFFERENT BROWSER - WE RECOMMEND FIREFOX, CHROME OR SAFARI STILL INCURRING ISSUES? FACULTYADVISING@PSU.EDU FOR H1B, TN, E-3, 01 RELATED ISSUES OR JSCHOLARADV@PSU.EDU FOR J- 1SCHOLAR RELATED ISSUES

23 NONIMMIGRANT VISA OPTIONS

24 B-1 BUSINESS VISITOR OR VISA WAIVER BUSINESS (VWB) PRIMARY PURPOSE CONSULT, ATTEND MEETING NO EMPLOYMENT PERMISSIBLE ACTIVITIES B-1 VISA HOLDERS OR VISA WAIVER BUSINESS (VWB) MAY PARTICIPATE IN SCIENTIFIC, PROFESSIONAL OR BUSINESS CONVENTIONS/ CONFERENCES, OR UNDERTAKE INDEPENDENT RESEARCH. RESTRICTIONS B-1 VISA HOLDERS ARE NOT PERMITTED TO ACCEPT FULL-TIME, PART-TIME OR TEMPORARY TEACHING OR RESEARCH POSITIONS. HONORARIUMS PERMITTED IF THE ACTIVITY LASTS NO MORE THAN 9 DAYS AND THE INDIVIDUAL HAS NOT ACCEPTED PAYMENT FROM MORE THAN 5 INSTITUTIONS IN THE PREVIOUS 6 MONTHS. FUNDING SOURCE SUBSISTENCE ALLOWANCE (PER DIEM) OR REIMBURSEMENT FOR TRAVEL AND LIVING EXPENSES PERMITTED. HONORARIUMS PERMITTED BUT LIMITED. DURATION B-1: 6 MONTH MAXIMUM, POSSIBLE EXTENSION VWB: 90 DAY MAXIMUM COST THE INDIVIDUAL IS RESPONSIBLE FOR ANY COSTS INCURRED ADMINISTRATIVE OFFICE HOST DEPARTMENT **DISSA IS NOT INVOLVED IN THIS PROCESS**

25 B-1/VWB: PROCESS OVERVIEW Penn State Host Department Export Compliance Office Visual Compliance Report Host Department - Letter of Invitation Department of State Consular Affairs: B-1/B-2 Visa Application Department of Homeland Security Customs and Border Protection: B-1 or VWB at port of entry

26 B-1/VWB: PROCESS DETAILS Host Dept. and/or Visitor Determine program details and dates Recommend beginning this process at least 1 month before planned start date Host Dept. Contacts Export Compliance Office Complete export review process Consular Affairs Visitor makes visa appointment Wait times vary and are unpredictable Customs and Border Protection Stamp visitors passport with either B-1 or VWB If the visitor enters as a tourist (B-2 or VWT), they must have it changed

27 J-1 EXCHANGE VISITOR SCHOLAR CATEGORIES PRIMARY PURPOSE PARTICIPATE IN EDUCATIONAL OR CULTURAL EXCHANGE PERMISSIBLE ACTIVITIES PERMITTED TO ENGAGE IN ACADEMIC TEACHING OR RESEARCH ACTIVITIES AS LISTED ON IMMIGRATION DOCUMENT (DS- 2019) RESTRICTIONS NO TENURE TRACK OR TENURED POSITIONS. INCIDENTAL OUTSIDE EMPLOYMENT ONLY IF AUTHORIZED IN ADVANCE BY J-1 SCHOLAR ADVISING 12 MONTH BAR PREVENTS A NEW PROGRAM IF AN INDIVIDUAL HAS HELD J STATUS (J1 OR J2) IN THE LAST 12 MONTHS FOR A PERIOD GREATER THAN 6 MONTHS 24 MONTH BAR PREVENTS REPEAT PARTICIPATION IN THE RESEARCH SCHOLAR AND PROFESSOR CATEGORIES UPON COMPLETION OF A RESEARCH SCHOLAR OR PROFESSOR PROGRAM J-1 AND J-2 MAY BE SUBJECT TO A TWO YEAR HOME RESIDENCE REQUIREMENT DUE TO THE SKILLS LIST OR RECEIVING U.S. OR FOREIGN GOVERNMENT FUNDING FUNDING SOURCE FUNDING CAN COME FROM A VARIETY OF SOURCES, INCLUDING SELF-FUNDING DURATION COST SHORT TERM SCHOLAR MAX. 6 MONTHS RESEARCH SCHOLAR & PROFESSOR 3 WEEKS TO MAX. 5 YEARS EXTENSIONS: INITIATED BY DEPARTMENT NO COST TO THE DEPARTMENT OR THE EV (OTHER THAN VISA FEES) ADMINISTRATIVE OFFICE DEPT. MUST COMPLETE REQUEST AT LEAST 2-4 MONTHS PRIOR TO START OF J EV PROGRAM TO ENSURE TIMELY ARRIVAL J-1 SCHOLAR ADVISING

28 J-1 SCHOLAR: PROCESS OVERVIEW Penn State istart: Department/Scholar/HR/EPPIC/Export Compliance Office/J-1 Scholar Advising Department of Homeland Security Immigration & Customs Enforcement SEVIS: Form DS-2019 (processed by J-1 Scholar Advising) & I-901 Fee (paid by Scholar) Department of State Consular Affairs: J-1 Visa Application Department of Homeland Security Customs and Border Protection: Arrive within 15 days of the start date on DS-2019 or request a deferral

29 J-1 SCHOLAR: PROCESS DETAILS & TIMELINE J EV Identify host faculty/ supervisor Establish exchange program details Dept. Submit j1: Becoming a Penn State J-1 Scholar or J1: Extension eform groups in istart Export Compliance Office P.I./Faculty Supervisor or HR: English Language Proficiency Authorization Forms Exchange Visitor (EV) Provide funding and dependent information Finalize anticipated program dates Submit Applicant Information eform J-1 Scholar Advising Review istart DS-2019 request Follow-up with host department OR issue DS if request complete Communicate pre-arrival information with J scholar J EV (Pre-Arrival) Complete pre-arrival eforms on checklist, which includes: Upon receipt of DS-2019 pay SEVIS I-901 fee Schedule visa interview (except Canadian Citizens) Confirm Travel Plans Purchase insurance for self and accompanying dependents J EV Post-Arrival Arrive to Penn State within 15 days of the DS-2019 start date or complete the Amend DS-2019 Program Dates eform on his/her checklist, otherwise notify Dept./J-1 Scholar Advising to defer or cancel J EV program Complete J-1 Scholar training in istart either pre-or post arrival, but before check-in Check-in with department and complete Document Check-in eform via istart within 30 days of DS-2019 start date

30 J-1 SCHOLAR: ISTART E-FORMS & REQUIRED DOCUMENTS Department J1: Becoming a Penn State J-1 Scholar eform Group Program Information Visual Compliance Certification Submit for DS-2019 Creation Document Check-in J-2 Dependent Check-in if applicable J1: Extension P.I./Faculty Supervisor/HR/Export Comp./EPPIC 2 nd Approver for Language Proficiency 2 nd approver for Export Control Verification 2 nd Approver for Program Information Authorization Forms Exchange Visitor (EV) Pre-Arrival Applicant Information including proof of funding Dependent (Spouse/Children) information - if applicable English Proficiency Certification I-901 Fee Amend DS-2019 Program Dates - if applicable J-1 Visa Confirmation Emergency Contact Info. Confirm Travel Plans J-1 Scholar Training Post-Arrival Document Check-in with Dept. Medical Insurance 2 nd Approver of Extension eform

31 J-1 UNDERGRADUATE STUDENT INTERN PRIMARY PURPOSE STUDENT RESEARCH/PRACTICAL TRAINING TO FULFILL EDUCATIONAL OBJECTIVES FOR A CURRENT DEGREE PROGRAM AT FOREIGN INSTITUTION PERMISSIBLE ACTIVITIES PERMITTED TO ENGAGE IN PAID OR UNPAID ACADEMIC OR RESEARCH ACTIVITIES AS LISTED ON HIS/HER IMMIGRATION DOCUMENT (DS- 2019) RESTRICTIONS J-1 AND J-2 MAY BE SUBJECT TO A TWO YEAR HOME RESIDENCE REQUIREMENT BASED ON THE SKILLS LIST OR RECEIVING FUNDING FROM A U.S. OR FOREIGN GOV T SOURCE FUNDING SOURCE CAN ORIGINATE FROM A VARIETY OF SOURCES, INCLUDING SELF-FUNDING DURATION CAN ORIGINATE FROM A VARIETY OF SOURCES, INCLUDING SELF-FUNDING ADMINISTRATIVE OFFICE DEPT. MUST COMPLETE REQUEST AT MIN. 60 DAYS PRIOR TO START OF J EV PROGRAM INTERNATIONAL STUDENT ADVISING DISSA-ADVISER@PSU.EDU OPTION #2

32 J-1 STUDENT INTERN: PROCESS OVERVIEW Penn State istart: Department/J-1 Student Intern/International Student Advising Department of Homeland Security Immigration and Customs Enforcement SEVIS: Form DS-2019 and DS-7002 (processed by International Student Advising) Department of Homeland Security Customs and Border Protection: Must arrive within 4 days of days of start date on DS-2019

33 J-STUDENT INTERN: ISTART E-FORMS & REQUIRED DOCUMENTS Department Exchange Visitor (EV) Intern: Undergraduate Initial Request eform 2 nd Approver of Initial Request Student/trainee Intern Application Intern Agreement Form Passport Evidence of University Status CV/Resume TOEFL/IELTS Score Certification Evidence of Funding Evidence of Health Insurance

34 H-1B TEMPORARY WORKER PRIMARY PURPOSE EMPLOYMENT PERMISSIBLE ACTIVITIES H-1B MUST HAVE AN ACADEMIC OR RESEARCH, FULL-TIME POSITION, INCLUDING BUT NOT LIMITED TO TENURE TRACK POSITIONS. H-1B VISA HOLDERS SPONSORED BY PENN STATE MUST WORK AT PENN STATE IN THE JOB LISTED ON H-1B PETITION; ANY CHANGE IN EMPLOYMENT MAY REQUIRE A NEW H-1B PETITION. RESTRICTIONS NO EMPLOYMENT WITH OR PAYMENTS FROM ANOTHER EMPLOYER UNLESS THAT EMPLOYER HAS FILED A CONCURRENT H-1B PETITION. MUST BE PAID A WAGE THAT MEETS OR EXCEEDS THE PREVAILING WAGE OR THE ACTUAL WAGE. FUNDING SOURCE DURATION COST INDIVIDUAL MUST BE ON PENN STATE S REGULAR PAYROLL. INITIAL PERIOD: UP TO 3 YEARS EXTENSIONS: UP TO 3 YEARS PER EXTENSION MAXIMUM: 6 YEARS THE HIRING DEPARTMENTS PAY DHS FEES FOR ALL H-1B PETITIONS STANDARD PROCESSING/BASE FEE: $460 ANTI-FRAUD AND DETECTION FEE (INITIAL PETITIONS ONLY): $500 PREMIUM PROCESSING: $1225 THE INDIVIDUAL COVERS DHS FEES FOR HIS/HER FAMILY MEMBERS ADMINISTRATIVE OFFICE DEPARTMENT MUST INITIATE INITIAL AND EXTENSION REQUESTS FOR SPONSORSHIP AT LEAST 4-6 MONTHS IN ADVANCE INTERNATIONAL FACULTY ADVISING

35 H-1B: PROCESS OVERVIEW Penn State istart: Department/Employee/HR/Export Compliance Office/International Faculty Advising Department of Labor Employment & Training Administration: Labor Condition Application Department of Homeland Security Citizenship & Immigration Services: Form I-129, Petition for a Nonimmigrant Worker Department of State Consular Affairs: H-1B visa (if outside the US) Department of Homeland Security Customs & Border Protection: Permitted to arrive up to 10 days before employment/h-1b start date

36 H-1B: PROCESS DETAILS & TIMELINE Hiring Department/HR Submit Faculty: New Offer Notification eform in istart once an offer has been made to an international employee requiring visa sponsorship / work authorization Submit Faculty: Initial Visa sponsorship/extension request eform groups in istart 4-6 months before start date Employee Submit required eforms when prompted International Faculty Advising Assess prevailing wage (1-2 weeks) File Labor Condition Application (7-10 days) Assemble H-1B Petition (1-2 weeks) File H-1B petition with USCIS (2 weeks 8 months) Processing times within Faculty Advising may vary during peak processing times Consular Affairs H-1B visa application (if outside the US); wait times vary and are unpredictable.

37 H-1B: ISTART E-FORMS & REQUIRED DOCUMENTS Dept./HR 2 nd Approvers Employee Faculty: New Offer Notification eform Faculty: Initial Visa Sponsorship eform Group Departmental Overview for Visa/PR Sponsorship Position Information Actual Wage List Visual Compliance Dept. Visa Compliance Certification Submit Request for Visa Sponsorship Faculty: I-9 Upload (Non-UP Campuses Only) Depart Special Handling Questionnaire if applicable Department PR Recruitment Documentation if applicable Faculty: Extend/Amend PSU Visa Sponsorship eform Group Position Information Actual Wage List Visual Compliance Dept. Visa Compliance Certification Submit Extension Request Faculty: I-9 Update (Non-UP Campuses Only) Supervisor if applicable Part 2 of Position Information Human Resources Part 2 of Actual Wage List Part 2 of Dept. PR Recruitment Documentation if applicable Export Compliance Office Part 2 of Visual Compliance Dept. Head Part 2 of Dept. Visa Compliance Certification Part 2 of Dept. Special Handling Questionnaire if applicable Visa Sponsorship Overview Permanent Residency Sponsorship if applicable Prospective/Employee Information Documentation Passport CV Degree Transcripts of applicable Education Evaluation if applicable English translations if applicable Immigration Documents if applicable Upload Additional Documentation if applicable Dependent Information/Documentation if applicable Online Document Check-in / I-9 Online Spouse/Dependent Check-in if applicable Permanent Residency Special Handling Questionnaire if applicable

38 TRADE NAFTA (TN) PRIMARY PURPOSE EMPLOYMENT PERMISSIBLE ACTIVITIES/POSITIONS TN MUST BE COMING TO PENN STATE TO PERFORM DUTIES AS A NAFTA PROFESSIONAL.. RESEARCH POSITIONS AND NON-TENURE-TRACK TEACHING POSITIONS ONLY. RESTRICTIONS LIMITED TO MEXICAN AND CANADIAN CITIZENS. EMPLOYMENT LIMITED TO PROFESSIONS APPROVED BY NAFTA. EMPLOYER-SPECIFIC; HOWEVER, TN MAY ADD AN EMPLOYER. TN CANNOT BE USED FOR TENURE TRACK OR TENURED POSITIONS. FUNDING SOURCE DURATION COST PENN STATE PAYROLL; FELLOWSHIPS; GRANTS. INITIAL PERIOD: UP TO 3 YEARS EXTENSIONS: UP TO 3 YEAR INCREMENTS MAXIMUM: NONE A CHANGE OF STATUS (I-129) PETITION INCURS A FEE OF $460 DEPARTMENT RESPONSIBLE FOR DHS FILING FEE PORT OF ENTRY FEE IS ONLY $50 PLUS $6 I-94 FEE - THE INDIVIDUAL IS RESPONSIBLE FOR ANY COSTS INCURRED ADMINISTRATIVE OFFICE INTERNATIONAL FACULTY ADVISING IF FILING HIRING DEPARTMENT IF VIA US PORT OF ENTRY

39 TN PROCESS OVERVIEW CANADIAN NATIONAL TN STATUS AT PORT OF ENTRY Penn State Hiring Department MEXICAN NATIONAL AND/OR TN STATUS BY FILING I-129 Penn State istart: Department/Employee/HR/Export Compliance Office/International Faculty Advising Department of Homeland Security Consular Affairs: TN Visa Department of Homeland Security Customs & Border Protection: TN Status at port of entry Department of State Consular Affairs: TN Visa Department of Homeland Security Customs & Border Protection: TN passport stamp

40 TN VIA I-129 PROCESS DETAILS & TIMELINE Hiring Department/HR Submit Faculty: New Offer Notification eform in istart once an offer has been made to an international employee requiring visa sponsorship / work authorization Submit Faculty: Initial Visa sponsorship/extension request eform groups in istart 4-6 months before start date Employee Submit required eforms International Faculty Advising Review all e-forms Mail H-1B petition to Citizenship & Immigration Services if beneficiary is inside the US

41 TN VIA I-129: ISTART E-FORMS & REQUIRED DOCUMENTS Dept./HR Faculty: New Offer Notification eform Faculty: Initial Visa Sponsorship eform Group Position Information Actual Wage List Visual Compliance Dept. Visa Compliance Certification Submit Request for Visa Sponsorship Faculty: I-9 Upload (Non-UP Campuses Only) Faculty: Extend/Amend PSU Visa Sponsorship eform Group Position Information Actual Wage List Visual Compliance Dept. Visa Compliance Certification Submit Extension Request Faculty: I-9 Update (Non-UP Campuses Only) 2 nd Approvers Supervisor if applicable Part 2 of Position Information Human Resources Part 2 of Actual Wage List Export Compliance Office Part 2 of Visual Compliance Dept. Head Part 2 of Dept. Visa Compliance Certification Employee Visa Sponsorship Overview Prospective/Employee Information Documentation Passport CV Degree Transcripts of applicable Education Evaluation if applicable English translations if applicable Immigration Documents if applicable Upload Additional Documentation if applicable Dependent Information/Documentation if applicable Online Document Check-in / I-9 Online Spouse/Dependent Check-in if applicable

42 E-3 TEMPORARY WORKER - PROFESSIONALS FROM AUSTRALIA PRIMARY PURPOSE EMPLOYMENT PERMISSIBLE ACTIVITIES E-3 MUST HAVE AN ACADEMIC OR RESEARCH, FULL-TIME POSITION, INCLUDING BUT NOT LIMITED TO TENURE TRACK POSITIONS. E-3 HOLDERS SPONSORED BY PENN STATE MUST WORK AT PENN STATE IN THE JOB LISTED ON E-3 PETITION; ANY CHANGE IN EMPLOYMENT MAY REQUIRE A NEW E-3 PETITION. RESTRICTIONS NO EMPLOYMENT WITH OR PAYMENTS FROM ANOTHER EMPLOYER UNLESS THAT EMPLOYER HAS FILED A CONCURRENT H-1B PETITION. MUST BE PAID A WAGE THAT MEETS OR EXCEEDS THE PREVAILING WAGE OR THE ACTUAL WAGE. FUNDING SOURCE DURATION COST INDIVIDUAL MUST BE ON PENN STATE S REGULAR PAYROLL. INITIAL PERIOD: UP TO 2 YEARS EXTENSIONS: UP TO 2 YEARS PER EXTENSION NO MAXIMUM NUMBER OF EXTENSIONS, WITH SOME EXCEPTIONS. THE HIRING DEPARTMENTS PAY DHS FEES FOR ALL E-3 PETITIONS STANDARD PROCESSING/BASE FEE: $460 PREMIUM PROCESSING: $1225 THE INDIVIDUAL COVERS DHS FEES FOR HIS/HER FAMILY MEMBERS ADMINISTRATIVE OFFICE DEPARTMENT MUST INITIATE E-3 REQUESTS FOR SPONSORSHIP AT LEAST 4-6 MONTHS IN ADVANCE NOTE: REQUESTS FOR E-3 STATUS OUTSIDE THE US/CONSULAR PROCESSING DO NOT REQUIRE THE FILING OF FORM -129 ONLY REQUIRE LCA INTERNATIONAL FACULTY ADVISING

43 E-3 PROCESS OVERVIEW Penn State E-3 CHANGE OF STATUS/EMPLOYER OR EXTENSION istart: Department/Employee/International Faculty Advising Department of Labor Employment & Training Administration: Labor Condition Application Penn State E-3 STATUS OUTSIDE US/CONSULAR PROCESSING istart: Department/Employee/International Faculty Advising Department of Labor Employment & Training Administration: Labor Condition Application Department of State Consular Affairs: TN Visa Department of Homeland Security Citizenship & Immigration Services: Form I-129, Petition for a Nonimmigrant Worker Department of State Consular Affairs: TN Visa Department of Homeland Security Customs & Border Protection: Permitted to arrive up to 10 days before employment/h-1b start date

44 E-3: PROCESS DETAILS & TIMELINE Hiring Department/HR Submit Faculty: New Offer Notification eform in istart once an offer has been made to an international employee requiring visa sponsorship / work authorization Submit Faculty: Initial Visa sponsorship/extension request eform groups in istart 4-6 months before start date Employee Submit required eforms when prompted International Faculty Advising Assess prevailing wage (1-2 weeks) File Labor Condition Application with DOL (7-10 days) Assemble consular processing package or I- 129 petition (1-2 weeks); processing times may vary during peak processing periods Department of State (Consular Affairs) E-3 visa application (if outside the US); wait times vary and are unpredictable. OR Department of Homeland Security (USCIS) International Faculty Advising files E-3 Change of Status, Change of Employer or Extension petition with USCIS (3 weeks - 8 months)

45 E-3: ISTART E-FORMS & REQUIRED DOCUMENTS Dept./HR Faculty: New Offer Notification eform Faculty: Initial Visa Sponsorship eform Group Position Information Actual Wage List Visual Compliance Dept. Visa Compliance Certification Submit Request for Visa Sponsorship Faculty: I-9 Upload (Non-UP Campuses Only) Faculty: Extend/Amend PSU Visa Sponsorship eform Group Position Information Actual Wage List Visual Compliance Dept. Visa Compliance Certification Submit Extension Request Faculty: I-9 Update (Non-UP Campuses Only) 2 nd Approvers Supervisor if applicable Part 2 of Position Information Human Resources Part 2 of Actual Wage List Export Compliance Office Part 2 of Visual Compliance Dept. Head Part 2 of Dept. Visa Compliance Certification Employee Visa Sponsorship Overview Prospective/Employee Information Documentation Passport CV Degree Transcripts of applicable Education Evaluation if applicable English translations if applicable Immigration Documents if applicable Upload Additional Documentation if applicable Dependent Information/Documentation if applicable Online Document Check-in / I-9 Online Spouse/Dependent Check-in if applicable

46 OTHER NONIMMIGRANT STATUSES O-1 TEMPORARY WORKER GENERALLY ONLY ADVISABLE FOR INDIVIDUALS SUBJECT TO THE TWO-YEAR HOME RESIDENCY RULE, REQUIREMENTS ARE SIMILAR TO AN EB-1 OUTSTANDING PROFESSOR OR RESEARCHER PETITION. CONSULT WITH INTERNATIONAL FACULTY ADVISING IF QUESTIONS OR CONCERNS ARISE REGARDING THESE STATUSES. F-1 OPT / J-1 ACADEMIC TRAINING, J-2 OR OTHERS WORKING VIA EAD CARD (E.G. EAD/ADVANCE PAROLE, LPR/GREEN CARD, ETC.) IF YOU ARE LOOKING TO COMPLETE DOCUMENT CHECK-IN OR SCHEDULE AN I-9 APPOINTMENT FOR A FACULTY/STAFF EMPLOYEE, PLEASE COMPLETE THE OTHER: I-9 REQUEST/UPDATE eform IN istart. PLEASE CONTACT INTERNATIONAL STUDENT ADVISING AT DISSA-ADVISER@PSU.EDU FOR FURTHER ASSISTANCE AND/OR IF QUESTIONS OR CONCERNS ARISE REGARDING EMPLOYEES IN THIS STATUS.

47 IMMIGRANT PETITION OPTIONS

48 EB-2: ADVANCED DEGREE HOLDER, SPECIAL HANDLING FOR UNIVERSITY TEACHERS TYPE OF INDIVIDUAL AN INDIVIDUAL HOLDING A DEGREE ABOVE A DOCTORATE DEGREE, WHICH IS REQUIRED FOR THE JOB OFFERED. INDIVIDUAL MUST ENGAGE IN ACADEMIC RESEARCH/TEACHING. JOB OFFER REQUIREMENT MUST HAVE OFFER OF A PERMANENT FULL-TIME POSITION WHICH REQUIRES AN ADVANCED DEGREE OR EQUIVALENT. REQUIREMENTS EMPLOYING DEPARTMENT MUST PROVIDE EVIDENCE THAT THE INDIVIDUAL WAS THE BEST CANDIDATE FOR THE POSITION FOR WHICH THEY WERE HIRED. RESTRICTIONS ONLY AVAILABLE TO INDIVIDUALS IN ACADEMIC RESEARCH/TEACHING POSITIONS.

49 EB-2: ADVANCED DEGREE HOLDER, SPECIAL HANDLING FOR UNIVERSITY TEACHERS NECESSARY DOCUMENTATION THE DEPARTMENT MUST COMPILE AND SUBMIT THE FOLLOWING: OFFER LETTER EVIDENCE OF EJMS POSTING EVIDENCE OF NATIONAL ADVERTISEMENT NOTICE OF PERM FILING (10 BUSINESS DAYS POSTING) DOCUMENTATION SPECIAL HANDLING RECRUITMENT STATEMENT APPLICANT RÉSUMÉS/CVS OR APPLICATIONS

50 EB-2 PROCESS OVERVIEW Penn State istart: Department/Employee/International Faculty Advising National Prevailing Wage Center Prevailing Wage Foreign Labor Certification PERM must be filed with 18 months of JOB OFFER Citizenship & Immigration Services Form I-140 Citizenship & Immigration Services I-485, Application to Adjust Status

51 EB-2 PROCESS DETAILS & TIMELINE Department Offer job to foreign national Date of offer begins 18 month clock Determine department s ability to sponsor employee s permanent residency Submit forms in istart and supporting documents International Faculty Advising Review forms Determine eligibility for EB-2 petition Request Prevailing Wage from DOL Employee Complete forms in istart Department Post Notice of Filing for 10 business days International Faculty Advising Submit ETA Form 9089 (6 months) Submit I-140 & I-485 petitions to USCIS I-140 Premium processing (15 days) Standard processing (4 months) I-485 (6-8 months), assuming visas are available Citizens from China are waiting approx. 4-5 years Citizens from India are waiting approx. 8-9 years

52 EB-2: ISTART E-FORMS & REQUIRED DOCUMENTS Department - If not initiated during the H-1B sponsorship eform: Submit Faculty: Permanent Residency Sponsorship (EB2) eform Group Department Special Handling Questionnaire Permanent Residency Recruitment Documentation Submit Special Handling Request 2 nd Approvers Department Chair 2 nd Approver of Department Special Handling Questionnaire HR 2 nd Approver of Permanent Residency Recruitment Documentation Employee Employee Permanent Residency Special Handling Questionnaire

53 EB-1: OUTSTANDING PROFESSOR OR RESEARCHER TYPE OF INDIVIDUAL PROFESSOR OR RESEARCHER WHO IS RECOGNIZED INTERNATIONALLY AS OUTSTANDING IN THE ACADEMIC FIELD, AND WHO HAS AT LEAST 3 YEARS OF TEACHING OR RESEARCH EXPERIENCE IN THE FIELD. JOB OFFER REQUIREMENT MUST HAVE OFFER OF A TENURED OR TENURE-TRACK TEACHING OR PERMANENT RESEARCH POSITION REQUIREMENTS INDIVIDUAL MUST BE IN THE FIELD OF ENDEAVOR FOR AT LEAST 3 YEARS AFTER THE COMPLETION OF THE TERMINAL DEGREE; MUST A MEET AT LEAST 2 OF THE 6 SUBSTANTIATING EVIDENCE CATEGORIES. RESTRICTIONS POSTDOCTORAL FELLOWS ARE NOT ELIGIBLE FOR AN EB-1 PETITION SPONSORED BY PENN STATE

54 EB-1; OUTSTANDING PROFESSOR OR RESEARCHER NECESSARY DOCUMENTATION BENEFICIARY MUST COMPILE AND SUBMIT EVIDENCE IN AT LEAST 3 OF THE FOLLOWING CATEGORIES: RECEIPT OF MAJOR PRIZES OR AWARDS FOR OUTSTANDING ACHIEVEMENT IN THE ACADEMIC FIELD; MEMBERSHIP IN ASSOCIATIONS IN THE ACADEMIC FIELD WHICH REQUIRE OUTSTANDING ACHIEVEMENTS IN THE ACADEMIC FIELD; PUBLISHED MATERIAL WRITTEN BY OTHERS ABOUT THE ALIEN'S WORK IN THE ACADEMIC FIELD; EVIDENCE OF PARTICIPATION AS THE JUDGE OF THE WORK OF OTHERS IN THE SAME OR AN ALLIED ACADEMIC FIELD; ORIGINAL SCIENTIFIC OR SCHOLARLY RESEARCH CONTRIBUTIONS TO THE ACADEMIC FIELD; AUTHORSHIP OF SCHOLARLY BOOKS OR ARTICLES (IN SCHOLARLY JOURNALS WITH INTERNATIONAL CIRCULATION) IN THE ACADEMIC FIELD.

55 EB-1 PROCESS OVERVIEW Penn State istart: Department/Employee International Faculty Advising Document Review Citizenship & Immigration Services I-140, Immigrant Petition for Alien Worker Citizenship & Immigration Services I-485, Application to Adjust Status

56 EB-1 PROCESS DETAILS & TIMELINE International Faculty Advising & Employee Meet to review employee s credentials and eligibility for EB-1permanent residency sponsorship Employee and Department Head If the department is willing to sponsor for EB-1, the Employee and the Dept. Head will work together to draft EB-1 cover letter This part of the process can take months International Faculty Advising Will assist and advise the employee in putting together the strongest possible petition Will file-140 petition and I-485 concurrently with USCIS Premium processing is available for I-140 only - up to 15 days Standard processing 6-8 months No visa delays for citizens of China or India OR International Faculty Advising/Employee International Faculty Advising: Will assist and advise the employee in putting together the strongest possible petition Will file I-140 petition only with USCIS Employee: Will file I-485, Application to Adjust Status after I-140 is approved

57 REFERENCES AND LINKS DEPARTMENT OF STATE DEPARTMENT OF HOMELAND SECURITY USCIS CUSTOMS AND BORDER PROTECTION GLOSSARY OF TERMS PENN STATE POLICY MANUAL J-1 EXCHANGE VISITOR PROGRAM FACULTY ADVISING WEBSITE