Immigration Issue

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International Student and
Scholar Services - OIP
An Overview of ISSS Services,
Policies, and Procedures
Phone: (215) 898-4661 Fax: (215) 898-2622
E-mail: oipadm@oip.upenn.edu
Web: http://www.upenn.edu/oip/iss/
International Student and Scholar Services
University of Pennsylvania
Today’s Presenters
Dr. Rudie Altamirano, Director
Ms. Shinsaeng (Shinn) Ko, Associate
Director
International Student and Scholar Services
University of Pennsylvania
What Does ISSS Do?
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Immigration Advising
Immigration Application Processing
Immigration Document Processing
Intercultural and Partnership Programs
Orientation, Social, and Academic
Programs
Outreach efforts
So much more!
International Student and Scholar Services
University of Pennsylvania
Immigration Advising
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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)
International Student and Scholar Services
University of Pennsylvania
Immigration Application
Processing
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Represent Penn in immigration
matters involved in sponsoring
international faculty and staff
Grant or recommend immigrationrelated benefits for Penn
international students and scholars
International Student and Scholar Services
University of Pennsylvania
Immigration Document
Processing
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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 DS2019s
International Student and Scholar Services
University of Pennsylvania
Intercultural & Partnership
Programs
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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
International Student and Scholar Services
University of Pennsylvania
Other Programs and Services
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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…
International Student and Scholar Services
University of Pennsylvania
Concerns and Suggestions
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Appreciate receiving constructive
feedback and suggestions
Concerns? Please share details (who,
when, why, where, and how) with ISSS
leadership team.
International Student and Scholar Services
University of Pennsylvania
Common Immigration
Terminologies
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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 Student and Scholar Services
University of Pennsylvania
International Students at Penn
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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 Student and Scholar Services
University of Pennsylvania
International Students at Penn
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F-1 and J-1 students
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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
International Student and Scholar Services
University of Pennsylvania
Visitors
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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
International Student and Scholar Services
University of Pennsylvania
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 Student and Scholar Services
University of Pennsylvania
International Scholars and
Employees at Penn
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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)
International Student and Scholar Services
University of Pennsylvania
Parties Involved
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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
International Student and Scholar Services
University of Pennsylvania
Application Deadlines
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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.
International Student and Scholar Services
University of Pennsylvania
Process Overview
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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.
International Student and Scholar Services
University of Pennsylvania
Process Overview
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(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.
International Student and Scholar Services
University of Pennsylvania
TN Program Objective
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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
International Student and Scholar Services
University of Pennsylvania
TN: NAFTA Professionals
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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
International Student and Scholar Services
University of Pennsylvania
J-1 Exchange Visitor
Program Objective
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“…to increase mutual
understanding between people of
the United States and the people
of other countries by means of
educational and cultural
exchanges.”
International Student and Scholar Services
University of Pennsylvania
J-1: Eligibility
Minimum financial support of $21,000
per year (effective January 2008)
provided by:
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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.
International Student and Scholar Services
University of Pennsylvania
J-1 Professors/Research Scholars
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“…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…”
International Student and Scholar Services
University of Pennsylvania
J-1 Professors and Research
Scholars: Time & Other Factors
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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.
International Student and Scholar Services
University of Pennsylvania
J-1 Professors and Research Scholars:
Time Limitations & Other Factors (cont’d)
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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.
International Student and Scholar Services
University of Pennsylvania
J-1 Professors and Research Scholars:
Time Limitations & Other Factors (cont’d)
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Twelve-month Bar
Two-year Bar
 not the same as the Two Year
Home Country Physical Presence
Requirement
International Student and Scholar Services
University of Pennsylvania
J-1 Short-Term Scholar
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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.
International Student and Scholar Services
University of Pennsylvania
J-1: Advantages & Disadvantages
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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
International Student and Scholar Services
University of Pennsylvania
J-1/J-2: 212(e) Waiver
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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.
International Student and Scholar Services
University of Pennsylvania
E-3 Australian Treaty Workers
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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.
International Student and Scholar Services
University of Pennsylvania
H-1B: Program Objective
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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.
International Student and Scholar Services
University of Pennsylvania
H-1B: Specialty Occupation
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Facilitate employment in a specialty
occupation requiring:
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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.
International Student and Scholar Services
University of Pennsylvania
H-1B: Other Factors
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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.
International Student and Scholar Services
University of Pennsylvania
H-1B: Disadvantages
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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
International Student and Scholar Services
University of Pennsylvania
H-1B: Employer Requirements
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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 H1B employers, as long as each has own H-1B
petition is approved by USCIS.
International Student and Scholar Services
University of Pennsylvania
H-1B: Process & Procedures
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Prevailing Wage Determination vs.
Actual Wage Determination
Labor Condition Application
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Notification to employees at worksite
Notification to H-1B employee
Completed petition filed with USCIS
Service Center
International Student and Scholar Services
University of Pennsylvania
H-1B: Filing Fees
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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.
International Student and Scholar Services
University of Pennsylvania
H-1B: Premium Processing Fee
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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.
International Student and Scholar Services
University of Pennsylvania
O-1: Person of Extraordinary Ability
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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.
International Student and Scholar Services
University of Pennsylvania
O-1: Employer Requirements
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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
International Student and Scholar Services
University of Pennsylvania
O-1: Advantages
and Other Factors
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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)
International Student and Scholar Services
University of Pennsylvania
Lawful Permanent Residency
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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.
International Student and Scholar Services
University of Pennsylvania
Three Bases for Qualifying for
Lawful Permanent Residence
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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.
International Student and Scholar Services
University of Pennsylvania
Qualifying for LPR
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(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.
International Student and Scholar Services
University of Pennsylvania
Penn-Sponsored
Employment-Based LPR Process
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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)
International Student and Scholar Services
University of Pennsylvania
LPR for Teaching Faculty
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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).
International Student and Scholar Services
University of Pennsylvania
LPR for Teaching Faculty (cont’d)
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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
International Student and Scholar Services
University of Pennsylvania
Terminations & Resignations
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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.
International Student and Scholar Services
University of Pennsylvania
Questions?
Thank you!
International Student and Scholar Services
University of Pennsylvania
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