Immigration Issue

International Student and Scholar Services University of Pennsylvania

International Student and

Scholar Services - OIPAn Overview of ISSS Services,

Policies, and Procedures

Phone: (215) 898-4661 Fax: (215) 898-2622E-mail: [email protected]

Web: http://www.upenn.edu/oip/iss/

mailto:[email protected]

http://www.upenn.edu/oip/iss/


Today’s Presenters

Dr. Rudie Altamirano, Director

Ms. Shinsaeng (Shinn) Ko, Associate Director


What Does ISSS Do? Immigration Advising Immigration Application Processing Immigration Document Processing Intercultural and Partnership Programs Orientation, Social, and Academic

Programs Outreach efforts So much more!


Immigration Advising Serve international students,

scholars, faculty, and staff By appointments (Tuesdays and

Thursdays from 10 to 4) Walk-in advising (Mondays,

Wednesdays, & Fridays from 10 to 4)


Immigration Application Processing

Represent Penn in immigration matters involved in sponsoring international faculty and staff

Grant or recommend immigration-related benefits for Penn international students and scholars


Immigration Document Processing

Issue Forms I-20 and DS-2019 for Penn admitting units

Issue DS-2019s for Penn hosting departments to invite visiting scholars

Issue any subsequent I-20s and DS-2019s


Intercultural & Partnership Programs

ILP – Intercultural Leadership Program ISAB – International Student Advisory

Board IPOG – International Partners Outreach

Group Intercultural communication workshops

for the Penn community in collaboration with other Penn offices and HR


Other Programs and Services International Student Orientation New International Scholar Orientation President’s Graduate Reception Provost Welcome Reception Social excursions Academic success seminar in collaboration

with Penn Weingarten Learning Resources Center

Support letters for SSN, driver’s license, and state ID

Many more…


Concerns and Suggestions Appreciate receiving constructive

feedback and suggestions

Concerns? Please share details (who, when, why, where, and how) with ISSS leadership team.


Common Immigration Terminologies

Immigrant vs. Nonimmigrant Form I-20 or DS-2019 I-797 Passport Visa vs. Status I-94 Arrival/Departure Record SEVIS Change of Address (AR-11 or AR-

11SR)


International Students at Penn

F-1 and J-1 students Required to enroll full time

4 CUs for undergraduate students (including post-baccalaureate students)

3 CUs for graduate students (w/ few exceptions)

Only ISSS advisors can approve F and J students to enroll less than full time per DHS

Limited circumstances based on DHS rule Students must consult with ISSS to obtain

approval in advance


International Students at Penn

F-1 and J-1 students May work on campus up to 20 hours

per week while school is in session May work on campus more than 20

hours per week during annual vacation and school breaks

May work off campus with prior approval from ISSS or DHS if eligible


Visitors Must be B-1 or WB (not B-2 or WT status) to

receive travel reimbursement at Penn B-1/B-2 or WB/WT may not receive a salary

from a U.S. source for services rendered in connection with his or her activities in the United States.

B-1/B-2 and /WB/WT may receive honorarium from Penn if his/her stay at Penn is no longer than nine days and has not receive honorarium from more than five institutions or organizations over the last six months.

Visit the Office of Controller’s website -- http://www.finance.upenn.edu/comptroller/tax/honorarium_matrix1.shtml

http://www.finance.upenn.edu/comptroller/tax/honorarium_matrix1.shtml


B-1/WB Medical Clerkship• An alien, who is studying at a foreign medical school and

seeks to enter the United States temporarily in order to take an “elective clerkship” at a U.S. medical school’s hospital without remuneration from the hospital. The medical clerkship is only for medical students pursuing their normal third or fourth year internship in a U.S. medical school as part of a foreign medical school degree. (An “elective clerkship” affords practical experience and instructions in the various disciplines of medicine under the supervision and direction of faculty physicians at a U.S. medical school’s hospital as an approved part of the alien’s foreign medical school education. It does not apply to graduate medical training.


International Scholars and Employees at Penn

TN: NAFTA Professionals J-1: Exchange Visitors E-3: Australian Treaty Workers H-1B: Temporary Workers O-1: Person of Extraordinary Ability Permanent Residency Sponsorship

(Green Card)


Parties Involved Prospective employer (Penn) Prospective scholar or employee Department of Homeland Security

USCIS (U.S. Citizenship & Immigration Services)

CBP (Customs & Border Protection) ICE (Immigration & Customs Enforcement)

Department of State U.S. Consulates and Embassies Bureau of Educational & Cultural Affairs Waiver Review Division

Department of Labor


Application Deadlines H-1B applications: 6-7 months in advance but no

later than 45 days prior to the status expiration date/start of employment

J-1/J-2 DS-2019 applications: 3-4 months in advance, but no later than 45 days prior to the status expiration date/start of employment

Other applications: please consult with ISSS as vary

If the scholar will need to obtain a visa overseas, please allow additional time.

If the application is not submitted to ISSS in a timely fashion, ISSS cannot guarantee that the application will be processed/filed in a timely manner or at the requested time.


Process Overview Cases are logged and assigned to an

ISSS advisor or J Specialist. ISSS Program Support sends receipt

confirmation to the hiring department. After completion of processing by ISSS

and/or USCIS, if the scholar is outside the U.S., he/she will apply for a visa. Upon entering the U.S., he/she must attend New Scholar Orientation.


Process Overview (cont’d)

After completion of processing by ISSS and/or USCIS, if the scholar is already in the U.S., he/she must attend New Scholar Orientation.

New Scholar Orientation (for all scholars and employees) encompasses of immigration check-in and orientation

New Scholar Orientation begins at 11 a.m. on Mondays and Thursdays at ISSS.


TN Program Objective The TN category was developed as part of

the North American Free Trade Agreement (NAFTA) to facilitate the entry of Canadian and Mexican citizens to the United States to engage in professional business activities on a temporary basis.

TNs do not need to come through ISSS for processing. Follow instructions at http://www.upenn.edu/oip/iss/penn/nafta.html

http://www.upenn.edu/oip/iss/penn/nafta.html

http://www.upenn.edu/oip/iss/penn/nafta.html


TN: NAFTA Professionals Canadian and Mexican Professionals Designated Profession (see Appendix

1603.D.1 of Annex 1603 of the NAFTA) Occupation vs. Job Title Not for permanent positions Approval given at the border or by CIS Admitted to U.S. for a period of 1 year Can be renewed annually No time limit


J-1 Exchange Visitor Program Objective

“…to increase mutual understanding between people of the United States and the people of other countries by means of educational and cultural exchanges.”


J-1: EligibilityMinimum financial support of

$21,000 per year (effective January 2008) provided by:

An organization or institution in the foreign country.

Personal funding. U.S. or foreign government. An organization or institution in the U.S.

that facilitates international exchange. College or university.


J-1 Professors/Research Scholars

“…The exchange of professors and research scholars promotes interchange, mutual enrichment, and linkages between research and educational institutions in the U.S. and foreign countries. It does so by providing foreign professors and research scholars the opportunity to engage in research, teaching, observing, consulting, and lecturing…”


J-1 Professors and Research Scholars: Time & Other Factors

Up to 5 years Minimum stay of 3 weeks of stay

required. May not hold or be candidates for

tenure. May only change categories between

research scholar and professor.


J-1 Professors and Research Scholars: Time Limitations & Other Factors

(cont’d) Cannot change field of research or

teaching (need to maintain original EV program objective).

May engage in occasional outside lectures or consultations for compensation, with written permission from an ISSS scholar advisor in advance.


J-1 Professors and Research Scholars: Time Limitations & Other Factors

(cont’d) Twelve-month Bar Two-year Bar

not the same as the Two Year Home Country Physical Presence Requirement


J-1 Short-Term Scholar For visits no more than 6 months to

lecture, observe, consult and participate in seminars, workshops, conferences, or other similar types of educational or professional activities.

No minimum length of stay required. May not exceed their stay beyond 6

months.


J-1: Advantages & Disadvantages Time Funding J-2 may apply for employment authorization

--income must not support J-1/J-2 Federally mandated health insurance for Js Some are required to return home for 2

years (discussed later) SEVIS (online validation by ISSS must occur

within 30 days from program start date) $100 Federal SEVIS Fee


J-1/J-2: 212(e) Waiver Some Js are required to return to home country

for two years based on Skills List, government funding, or receiving medical training.

An exchange visitor may request with the U.S. Department of State that the two-year home country physical presence requirement be waived.

Processing time is 6-12 months for processing. Once “DOS Waiver Recommendation” letter is

received, J-1 is no longer eligible for any more benefits, such as extensions, etc.

Scholar applies directly with the Department of State at http://travel.state.gov/waiver.

http://travel.state.gov/waiver


E-3 Australian Treaty Workers

Available to citizens of Australia Up to 10,500 E-3 issued per year Same qualifications as H-1B Admitted for two years at a time, but

can be renewed indefinitely E-3D: dependents of E-3 may apply for

employment authorization with USCIS Does not allow “Dual Intent” like H-1B.


H-1B: Program Objective The H-1B nonimmigrant category is set

aside for foreign workers in “specialty occupations” ….. The workers in this category may be filling permanent positions in the U.S. as long as they depart the U.S. at the end of their authorized periods of stay, including extensions of stay.


H-1B: Specialty Occupation Facilitate employment in a specialty

occupation requiring: Theoretical and practical application of

a body of highly specialized knowledge.

AND A bachelor’s or a higher degree in the

specific specialty/field as a minimum for entry into the occupation.


H-1B: Other Factors H-1B workers do not need to maintain a

foreign residence during their period of stay in the U.S. (“Dual Intent”)

Can hold a tenure-track or permanent position.

H-1B workers may seek permanent residence while holding H-1B status.

6 year maximum stay - given in a maximum of 3 year increments

H-1B is position, work site, and employer specific.


H-1B: Disadvantages Processing Time Paid only by Penn Cost Travel concerns for H-1B working

for more than one employer --names of both employers must be noted on the back of the I-94 card by an immigration officer


H-1B: Employer Requirements Employer (Penn/ISSS) must petition for alien. An offer of employment is required; the alien

may not self-petition. Employer is responsible for return cost of

transportation abroad if alien is dismissed for any reason before petition period expires.

The regulations permit multiple concurrent H-1B employers, as long as each has own H-1B petition is approved by USCIS.


H-1B: Process & Procedures Prevailing Wage Determination vs.

Actual Wage Determination Labor Condition Application

Notification to employees at worksite Notification to H-1B employee

Completed petition filed with USCIS Service Center


H-1B: Filing Fees In principle, Penn departments cannot pass

along the Premium Processing fee of $1000 and the USCIS filing fee of $320. However, the fees may be passed along if

after paying the above two fees, the H-1B employee’s wage still remains higher than the prevailing wage and actual wage per DOL regulations. And there is prior mutual agreement to do so.

The employee might pay $1000 Premium Processing fee if it is to benefit the employee -- e.g. for ease of holiday travel, etc.

Anti-fraud fee of $500 and OIP Processing fee of $1000 must be paid by Penn under all circumstances.


H-1B: Premium Processing Fee

For an additional $1000, USCIS guarantees a response within 15 calendar days from its receipt at USCIS.

Only expedites the final step of the H-1B process, not the entire process.

Please note that a “response” does not necessarily mean an approval. It could be denial or request for additional evidence.

Please allow additional time for the notice to arrive.


O-1: Person of Extraordinary Ability

The O-1 nonimmigrant category is for the employment of individual aliens who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics or aliens who have demonstrated a record of extraordinary achievement in the motion picture and television industries.


O-1: Employer Requirements Employer is responsible for return

cost of transportation abroad if alien is dismissed before O-1 expires.

An offer of employment is required; the alien may not self-petition;

The regulations permit multiple concurrent O-1 employers, as long as each employer has own O-1 petition approved by USCIS.

Complex and unique internal process – contact ISSS for more information


O-1: Advantages and Other Factors

The O-1 has an initial period of stay up to 3 years with one-year extensions thereafter, no maximum cumulative duration limit like H-1B.

Aliens subject to 212(e) 2-year home residence requirement are eligible for O-1 classification (although such alien is not eligible to change from J-1/J-2 to O-1 status within the U.S.; they must apply for an O-1 visa abroad and re-enter the U.S. in O-1 status)


Lawful Permanent Residency A Lawful Permanent Resident (LPR) is a

person who has been lawfully accorded the privilege of residing in the U.S. as an immigrant. An individual who is lawfully admitted to the United States as an immigrant is commonly referred to by different terms including; immigrant, permanent resident, lawful permanent resident, and green card holder.


Three Bases for Qualifying for Lawful Permanent Residence

Family: This category requires a close family who is a citizen or lawful permanent resident to petition on behalf of the alien member.

Employment: This category relates to the kind of work that the non-immigrant will be engaged in and often (though not always)* require a U.S. employer to petition on behalf of the nonimmigrant.


Qualifying for LPR (cont’d)

Public or humanitarian policy: This category has been developed to meet the needs of refugees as well as public goals such as diversity.


Penn-SponsoredEmployment-Based LPR Process

Initial review by ISSS Not all Penn positions are eligible

Alien Employment Certification (DOL) I-140 Immigrant Petition (USCIS) Final step can be done in two ways (by

individuals): I-485 Adjustment of Status (USCIS); or Immigrant visa processing at U.S.

consulate abroad (State Dept)


LPR for Teaching Faculty For university teachers (teaching

faculty):Applies to those positions that involve classroom teaching. Must be filed with DOL no later than 18 months after the foreign national was selected as the most qualified candidate for the position (using a faculty competitive selection process).


LPR for Teaching Faculty (cont’d)

Most common problems preventing us from using the previous recruitment efforts for the university teacher cases: No print ad ABD No mention of the word, “teaching” in

the ad Mismatching ads One-person search committee


Terminations & Resignations

Significant implications to foreign national’s immigration status now and in the future

Employer’s responsibilities and penalties for violations

Always consult with an ISSS advisor prior to terminating any foreign nationals. Send a copy of the resignation/termination notice to ISSS in advance

Consult with an ISSS advisor even in the case of voluntary resignations.


Questions?

Thank you!