DEPARTMENT INFORMATION
- Updated Information
- Determining Payments to International Scholars
- If You Want to Pay Expenses And Honorarium
- If You Want to Pay Honorarium (With or Without Expenses)
- If You Want to Pay Salary
- Other Visa Categories Available in Consultation with ISFVS
- Misc. Forms
- Other Information concerning Visas
UPDATED INFORMATION
December Visa Requests
As the University will be officially closed from December 24th to January 2nd no visa requests will be reviewed and prepared during that time. If a COMPLETE application for either an H-1B1 or a J-1 visa is received on or before Tuesday, December 16th, the ISFVS staff will make every effort to have it sent out by Tuesday, December 23rd. Incomplete applications and requests received after December 16th, will most likely not be worked on until the University re-opens Monday, January 5th.
TN Visa Increases from One to Three Years
The Trade NAFTA non immigrant visa available to Canadian and Mexican citizens can now be granted for a period of three years at a time, with no cap on the number of renewals. The TN visa has always been a viable option for Canadian or Mexicans at Penn State provided that the occupation could be found on the NAFTA Professional Job Series List
http://www.nafta-sec-alena.org/DefaultSite/index_e.aspx?DetailID=166
Scroll down to: Appendix 1603.D.1: Professionals
and the position is fixed-term and full-time. Although this recent development allows for the international employee and the employer to request up to three years, departments are reminded to only request the amount of time for the visa that they can financially guarantee
New H-1B1 Process Requirement
The processing times for the H-1B1 visas are set to increase dramatically in mid-January 2009. As part of the H-1B1 process Penn State is required to receive a certified Labor Condition Application (LCA) from the United States Department of Labor (DOL). Currently the LCA is produced and certified almost instantly upon electronic submission to the DOLs web-based application center. This process will change, however, in January 2009, when the certification process for the LCA may possibly take seven or more days. This change will have a substantial, sustained impact on ISFVS processing times of Penn State H-1B1 petitions. Previously we were able to expedite last minute requests for new employees and extensions of current H-1B1 employees, but this can no longer be the case. Once the LCA is submitted, we will not be able to move forward with the petition until we receive the approved LCA. As of January 2009, your units must anticipate a minimum processing time of at least three weeks (for all complete applications) prior to the submission of the H-1B1 petition to USCIS.
PERM Labor Certification Approval Times Increase Dramatically
At its inception and implementation PERM Labor Certification processing was touted as taking between 60-90 days to approve. Recent data indicates that normal processing times have increased to six months. The U.S. DOL in October 2008 was working on cases received in May 2008. The increase in processing times has been attributed to DOLs new audit rate of approximately 20-25% of all cases. The combination of an increase in PERM submissions and a decrease in the automatic approval rate is likely to result in a sustained increase in the time required for a PERM approval. This recent development will have several negative impacts on our new non tenured faculty. It will take longer for the faculty member to adjustment to permanent resident status. Family members not already sponsored by Penn State for work authorization will have a longer wait time before they are able to apply for and receive permission to work from USCIS. This information will be relayed to all faculty members with Labor Certification currently pending. Information contained in the ISFVS PERM request packets will also be updated. Please remember that processing times for all federal and state agencies is outside the control of ISFVS and Penn State. ISFVS can, at best, attempt an accurate prediction (based on CURRENT processing trends) of when a visa petition or labor certification may be approved.
Changes to the PERM Process in 2009
The Department of Labor announced at their October Stakeholders meeting that plans for revising the PERM process are underway with a new form and a new web site to debut in late Spring 2009. Along with these changes employers may see the implementation of a processing fee for Labor Certifications and the possibility of centralizing prevailing wage requests in Atlanta. Currently these requests are sent by employers to their State Work Force Agencies. The PA Department of Labor & Industry is very expeditious in processing our requests, so shifting this task to the federal government in Atlanta will most likely increase wait times for prevailing wages for both PERM and LCA requests.
DETERMINING PAYMENTS TO INTERNATIONAL SCHOLARS
There are three ways to pay international scholars who come to Penn State. Payments may be for:
- expenses only
- honorarium with or without expenses paid
- salary
Please refer to the following brief guidelines. Each payment type has an associated series of visa types without which no payment can be made. International scholars must have an appropriate visa for receiving any payment from Penn State. Provided below are details of types of visa, document to be completed, and forms of payments available are provided.
IF YOU WANT TO PAY EXPENSES AND HONORARIUM
| Types of Visas Available | Types of Documents to be Completed |
|---|---|
|
(B-1) Business Visa (WB) Visa Waiver (VWB) Business |
Sample B-1 Letter of Invitation
Visitor Information Sheet for Income and Travel |
|
(J-1) Professor (J-1) Research Scholar (J-1) Short Term Scholar |
New DS-2019 Fact Sheet - Part I
to be completed by the Dept.)
New DS-2019 Fact Sheet - Part II (to be completed by the scholar.) |
IF YOU WANT TO PAY HONORARIUM (WITH OR WITHOUT EXPENSES)
| Typyes of Visas Available | Types of Documents to be Completed |
|---|---|
|
(J-1) Professor (J-1) Research Scholar (J-1) Short Term Scholar |
New DS-2019 Fact Sheet - Part I
(to be completed by the Dept.)
New DS-2019 Fact Sheet - Part II (to be completed by the scholar.) |
IF YOU WANT TO PAY SALARY
| Typyes of Visas Available | Types of Documents to be Completed |
|---|---|
|
(J-1) Professor (J-1) Research Scholar (J-1) Short Term Scholar |
New DS-2019 Fact Sheet - Part I
(to be completed by the Dept.)
New DS-2019 Fact Sheet - Part II (to be completed by the scholar.) |
OTHER VISA CATEGORIES AVAILABLE IN CONSULTATION WITH ISFVS
This brief summary is intended for general guideline only. Specific situations should be reviewed with International Scholars and Faculty Visa Services, Office of Human Resources at (814) 865-0423.
FORMS
- USCIS Forms and Fees
- Change of Address Form (AR-11)
-
New DS-2019 Fact Sheet - Part I
(completed by the department) -
New DS-2019 Fact Sheet - Part II
(completed by the scholar) - J-1 Extension Packet
- J-1 Departure Notice
-
New J-1 Scholar Regulations
New Department of State Regulations
affecting the Professor/Researcher Category