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

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.

GLOBAL PROGRAMS/DISSA ORGANIZATIONAL

STRUCTUREGlobal Programs

Directorate of International Student and Scholar Advising (DISSA)

Pre-Arrival AdvisingInternational Student Advising

J-1 Scholar Advising

International Faculty Advising

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

INTERNATIONAL FACULTY ADVISING CONTACT INFORMATION

Telepho

ne

Email

Addres

s Advising

• (814) 865-0423

• FacultyA dvising@psu.edu

• 402 Boucke Building, University Park, PA 16802

• By Appointment

J-1 SCHOLAR ADVISING

Jessica Gardner•Assistant Director

Bernadette Bove•J-1 Scholars Adviser

Allison Wicks•Program Assistant

J-1 SCHOLAR ADVISING CONTACT INFORMATION

Telephone

Email

AddressWalk-

In Advising

• (814) 863-2631

• JScholar Adv@psu.edu

• Check-in at the DISSA Advising Desk:

408A Boucke Building• Monday, Tuesday 1:30pm-

4:30pm Thursday, Friday 8:30am-11:30am

REQUESTING ACCESS TO ISTART

LOG INTO iSTART USING YOUR PSU ACCESS ACCOUNT BY CLICKING ON THE ADMINSTRATIVE SERVICES FOR UNIVERSITY

DEPARTMENTS LINK

REQUESTING ACCESS TO ISTART

1 - CLICK ON DEPARTMENTAL SERVICES2- 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

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

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

FEDERAL AGENCY OVERVIEW

Department of Labor (DOL)

Department of

Homeland Security (DHS)

Department of State (DOS)

Employment &

Training Administra

tion

Customs & Border

Protection (CBP)

Citizenship &

Immigration Services (USCIS)

Immigration &

Customs Enforceme

nt (ICE)

Consular Affairs

Educational and Cultural Affairs

Foreign Labor

Certification (PERM)

SEVIS

National Prevailing

Wage Center

DEFINITIONS & TERMS• NONIMMIGRANT VISA

• 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.

HTTPS://TRAVEL.STATE.GOV/CONTENT/VISAS/EN.HTML

COMMON TEMPORARY VISA TYPES USED TO HIRE/HOST FOREIGN NATIONALS

J-1 Scholar

TN H-1B

E-3Uncomm

on

F-1 Student on OPT

O-1Uncomm

on

J-2

B-1/B-2Cannot Earn

Income

J-1 Student on Academic Training

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. 2ND APPROVER

Department access

LOG IN WITH DEPARTMENT ACCESS

Click “Administrative Services for University Departments

” link

VIEWING ALL CLIENT RECORDS

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

CASE INFORMATION DISPLAYTO VIEW THE STATUS OF THE REQUEST FOR THIS CASE CLICK ON THE SPECIFIC REQUEST TITLE

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 2nd 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 requiredDraft- 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 requestsFollow-Up Required- The section has been saved to follow-up status by DISSA and requires action by the initiator of the requestDenied- eForm has been denied by DISSA - A NEW request must be submitted

CLIENT ACCESS VS. 2ND

APPROVER• CLIENT ACCESS ALLOWS THE DEPARTMENTAL

REPRESENTATIVE TO SEND AN ENTIRE eFORM TO THE CLIENT (SCHOLAR/EMPLOYEE) FOR THEIR COMPLETION.

• 2ND 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.).

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? EMAIL

FACULTYADVISING@PSU.EDU FOR H1B, TN, E-3, 01 RELATED ISSUES OR JSCHOLARADV@PSU.EDU FOR J- 1SCHOLAR RELATED ISSUES

NONIMMIGRANT VISA OPTIONS

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**

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

B- 1/VWB: PROCESS DETAILS

Host Dept. Contacts Export Compliance Office•Complete export review

process

Consular Affairs•Visitor makes visa appointment

•Wait times vary and are

Customs and Border Protection•Stamp visitors passport

with either B-1 or VWB•If the visitor enters as a

Host Dept. and/or Visitor•Determine program

details and dates•Recommend beginning this

process at least 1 month before planned start date

unpredictable

Customs and Border Protection•Stamp visitors passport

with either B-1 or VWB•If the visitor enters as a

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• SHORT TERM SCHOLAR MAX. 6

MONTHS• RESEARCH SCHOLAR &

PROFESSOR 3 WEEKS TO MAX. 5 YEARS

• EXTENSIONS: INITIATED BY DEPARTMENT

• COST• 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

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

J-1 SCHOLAR: PROCESS DETAILS & TIMELINE

Export Compliance OfficeP.I./Faculty Supervisor or HR:•English Language Proficiency

•Authorization Forms

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

Dept.•Submit j1: Becoming a Penn State J-1 Scholar or J1: Extension eForm groups in iStart

J EV•Identify host faculty/ supervisor

•Establish exchange program details

J-1 Scholar Advising•Review iStart DS-2019 request

•Follow-up with host department OR issue DS- 2019 if request complete

•Communicate pre-arrival information with J scholar

Exchange Visitor (EV)•Provide funding and dependent information

•Finalize anticipated program dates

•Submit Applicant Information eForm

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

J-1 SCHOLAR: ISTART E-FORMS & REQUIRED DOCUMENTS

Department

P.I./Faculty Supervisor/HR/Export Comp./EPPIC

Exchange Visitor (EV)

•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

•2nd Approver for Language Proficiency

•2nd approver for Export Control Verification

•2nd Approver for Program Information

•Authorization Forms

•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•2nd

Approver of Extension eForm

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 • 1-814-865-6348 OPTION #2

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

J-S TUDENT 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 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• INDIVIDUAL MUST BE ON PENN STATE’S

REGULAR PAYROLL.

• DURATION• INITIAL PERIOD: UP TO 3 YEARS• 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

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

H- 1B: 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

Consular Affairs•H-1B visa application (if outside the US); wait times vary and are unpredictable.

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

Advising may vary during peak processing times

Consular Affairs•H-1B visa application (if outside the US); wait times vary and are unpredictable.

H-1B: ISTART E-FORMS & REQUIRED DOCUMENTS

Dept./HR

2nd

ApproversEmployee

• 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

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• PENN STATE PAYROLL; FELLOWSHIPS;

GRANTS.

• DURATION• INITIAL PERIOD: UP TO 3 YEARS• 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

ENTRY

TN PROCESS OVERVIEWCANADIAN

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

TN VIA I-129 PROCESS DETAILS & TIMELINE

Employee• Submit required eForms

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

International Faculty Advising• Review all e-forms• Mail H-1B petition to Citizenship &

Immigration Services if beneficiary is inside the US

TN VIA I-129: ISTART E-FORMS & REQUIRED DOCUMENTS

Dept./HR 2nd

ApproversEmployee

• 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

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 YEARS• 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 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

E-3 PROCESS OVERVIEWE-3 CHANGE OF

STATUS/EMPLOYER OR EXTENSION

Penn State• iStart: Department/Employee/International Faculty Advising

Department of Labor• Employment & Training Administration: Labor Condition Application

E-3 STATUS OUTSIDE

US/CONSULAR PROCESSING

Penn State• 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

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 times vary and are unpredictable.

Employee•Submit required eForms when prompted

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)

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

O

E-3: ISTART E-FORMS & REQUIRED DOCUMENTS

Dept./HR

2nd

ApproversEmployee

• 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

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)

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.

IMMIGRANT PETITION OPTIONS

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.

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

EB-2 PROCESS OVERVIEW

Penn StateiStart: 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

EB-2 PROCESS DETAILS & TIMELINE

Employee•Complete forms in iStart

Department• Post Notice of Filing

for 10 business days

International Faculty Advising•Review forms•Determine eligibility for EB-2 petition

•Request Prevailing Wage from DOL

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

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

EB-2: ISTART E-FORMS & REQUIRED DOCUMENTS

Department - If not initiated during theH- 1B

sponsorship eForm:

2nd

ApproversEmployee

• Submit Faculty: Permanent Residency Sponsorship (EB2) eForm Group• Department

Special Handling Questionnaire

• Permanent Residency Recruitment Documenta

tion• Submit

Special Handling Request

• Department Chair• 2nd Approver of

Department Special Handling Questionnaire

• HR• 2nd Approver

of Permanent Residency Recruitment Documentati

on • Employee Permanent Residency Special Handling Questionnaire

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

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 ACADEMICFIELD

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.

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

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 USCIS

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:

International Faculty Advising & Employee•Meet to review employee’s credentials and eligibility for EB-1permanent residency sponsorship

O

•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

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:

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