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 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
J-1 SCHOLAR: PROCESS DETAILS & TIMELINE Export Compliance Office P.I./Faculty Supervisor or HR: •English Language Proficiency •Authorization J EV (Pre-Arrival) •Complete pre-arrival eForms on checklist, 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
INTERN: ISTART E-FORMS & REQUIRED DOCUMENTS Department Exchange Visitor (EV) Intern: Undergraduate – Initial Request eForm 2nd 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
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 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 INDIVIDUAL MUST BE ON PENN STATE’S REGULAR PAYROLL. DURATION INITIAL PERIOD: UP TO 3 EXTENSIONS: UP TO 3 YEARS PER EXTENSION MAXIMUM: 6 YEARS COST 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
PROCESS DETAILS & TIMELINE 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
H-1B: ISTART E-FORMS & REQUIRED DOCUMENTS 2nd Approvers Employee Faculty: New Offer Notification eForm Faculty: Initial Visa Sponsorship eForm Group Overview for Visa/PR Sponsorship Information Wage List Compliance Visa Compliance Certification Request for Visa Sponsorship I-9 Upload (Non-UP Campuses Only) Special Handling Questionnaire – if applicable PR Recruitment Documentation – if applicable Faculty: Extend/Amend PSU Visa Sponsorship eForm Group Information Wage List Compliance Visa Compliance Certification Extension Request I-9 Update (Non-UP Campuses Only) Supervisor – if applicable 2 of Position Information Human Resources 2 of Actual Wage List 2 of Dept. PR Recruitment Documentation – if applicable Export Compliance Office 2 of Visual Compliance Dept. Head 2 of Dept. Visa Compliance Certification 2 of Dept. Special Handling Questionnaire – if applicable Visa Sponsorship Overview Permanent Residency Sponsorship – if applicable Prospective/Employee Information Documentation – of applicable Evaluation – if applicable translations – if applicable 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
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 EMPLOYER-SPECIFIC; HOWEVER, TN MAY ADD AN EMPLOYER. TN CANNOT BE USED FOR TENURE OR TENURED POSITIONS. FUNDING SOURCE PENN STATE PAYROLL; FELLOWSHIPS; GRANTS. DURATION INITIAL PERIOD: UP TO 3 EXTENSIONS: UP TO 3 YEAR INCREMENTS MAXIMUM: NONE COST 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 1-129 HIRING DEPARTMENT IF VIA US PORT OF
TN PROCESS OVERVIEW CANADIAN NATIONAL – TN STATUS AT PORT OF Penn State 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
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 INDIVIDUAL MUST BE ON PENN STATE’S REGULAR PAYROLL. DURATION INITIAL PERIOD: UP TO 2 EXTENSIONS: UP TO 2 YEARS PER EXTENSION NO MAXIMUM NUMBER OF EXTENSIONS, WITH SOME EXCEPTIONS. COST 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 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
E-3 PROCESS OVERVIEW E-3 CHANGE OF STATUS/EMPLOYER OR EXTENSION Penn State • iStart: Department/Employee/International Faculty Advising Department of • Employment & Training Administration: Labor Condition Application E-3 STATUS OUTSIDE US/CONSULAR PROCESSING Penn iStart: Department/Employee/International Faculty Advising Department of Employment & Training Administration: 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
E-3: PROCESS DETAILS & TIMELINE 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 vary and are unpredictable.
E-3: ISTART E-FORMS & REQUIRED DOCUMENTS Dept./HR 2nd Approvers Employee • 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) • 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 • 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
EB-1 PROCESS DETAILS & TIMELINE 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 •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