H-1B Employee’s Name:
____________________________________
Penn State ID: ________________________
Position Title: ______________________________________________
Start Date: _______________ End Date: _______________
H-1B Compliance Certification – HR Rep.
The hiring department and the H-1B employee must maintain compliance with H-1B federal regulations during the course of the
employee's employment at Penn State. Failure to maintain compliance could result in serious penalties and fines should Penn State
be audited by the Department of Labor and/or USCIS. The responsibilities of the department, faculty supervisor, and Human
Resources are listed below.

I understand that prior to submission of the H-1B petition, the department will be required, when prompted by the
International Scholar Advising office, to post a Labor Condition Application/notice in the employee’s work site that
includes the title, salary, and time period requested.

I understand that the department must notify the International Scholar Advising office in advance of any employment
changes related to an employee’s H-1B status, and that such changes may include: changes in job title, salary, job
duties, or decrease/increase in work hours. I further understand that some changes may require the International
Scholar Advising office to file an amended H-1B petition with USCIS, in which case, the department agrees to pay for
the fees associated with the filing.

I understand that the department must notify the International Scholar Advising office if an H-1B employee will be
transferring to a new department at Penn State, even if the job title and job duties will not change significantly.

I understand that the department must notify the International Scholar Advising office if it is determined that the
employee's job will be terminated prior to the H-1B expiration date. I understand that this will be considered an
involuntary separation and agree that it is the department’s responsibility to pay the cost of return transportation to
the employee's home country.

I understand that there is no lawful grace period for the H-1B employee after early termination of employment, and
that the termination carries serious implications for the H-1B employee’s immigration status. I further understand that
advance notice of termination will allow employees in H-1B status to explore other job opportunities at Penn State,
within the U.S., and/or file a timely application for change to another permissible immigration status.

I understand that it is the department’s responsible to ensure that the H-1B employee checks in with the department’s
administrative support person to initiate the mandatory document check-in process in iStart within 3 days of his/her
arrival on campus.

The department will ensure that funding is available for this position for the period of employment requested in the
eForm.

I understand that it is the hiring department’s responsibility to pay the Filing Fee of $325 for all H-1B petitions and the
$500 Anti-Fraud Prevention and Detection Fee for the following petitions: Change of Status to H-1B, H-1B Out of
Country H-1B, and H-1B Change of Employer. I understand that these fees may NOT be deducted from the H-1B
employee’s pay.

The H-1B employee will be paid the full-time salary (actual wage) specified in the eForm.

I understand that the H-1B employee must be paid for any non-productive time (e.g., because of lapse in license, lack
of work assignments, etc.). I further understand that the hiring department is not required to pay for non-productive
time if it is at the request of the employee (e.g., extended sick leave, leave of absence, etc.), and note that continued
payment is not required in the event of termination for cause.

The department agrees to provide working conditions for the H-1B employee that will not adversely affect the working
conditions of other similarly employed workers.
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H-1B Employee’s Name:
____________________________________
Penn State ID: ________________________
Position Title: ______________________________________________
Start Date: _______________ End Date: _______________
--DEEMED EXPORT COMPLIANCE ATTESTATION -As a part of the H-1B process, the Export Compliance officer, Wayne Mowery, will be contacted to assess whether EAR or ITAR
regulations will apply. See below for more information regarding EAR and ITAR. The department will be contacted after the Export
Control office has completed the assessment. If you have any further questions about EAR and ITAR regulations, please contact
Wayne Leonard Mowery, Jr., in the Ethics and Compliance Office at (814) 867-2379 or wmm12@psu.edu.
The Export Administration Regulations (EAR) (15 CFR 770-774) and the International Traffic in Arms Regulations (ITAR) (22 CFR 120130) require U.S. persons to seek and receive authorization from the U.S. government before releasing to foreign persons in the U.S.
controlled technology or technical data. Under both the EAR and the ITAR, release of such technology/data to foreign persons in the
U.S. - even by an employer - is deemed to be an export to that person's country or countries of nationality. One implication of this
rule is that a U.S. employer must seek and receive a license from the U.S. government before it releases controlled technology or
technical data to its H-1B, L-1, or O-1A beneficiaries. EAR-controlled list (Commerce Control List or
CCL):http://www.bis.doc.gov/index.php/regulations/commerce-control-list-ccl; ITAR-controlled list (U.S. Munitions List or
USML): https://www.pmddtc.state.gov/regulations_laws/documents/official_itar/ITAR_Part_121.pdf; Penn State's Export
Compliance Policy Information: http://www.research.psu.edu/osp/manage-awards/export-control.

I have reviewed the relevant EAR and ITAR regulations.

I certify that to the best of our knowledge, the H-1B employee will NOT participate in research that involves technologies
or technical data that is covered either by EAR or ITAR.

If the Export Control Officer determines that a license IS required, I will prevent access to the controlled technology or
technical data by the H-1B employee until and unless I have received the required license or other authorization in order
to release it to the H-1B employee.
Human Resources Representative’s Acknowledgement
______________________________
Print Name
________________________________
Signature
____________________
Date
______________________________
Title
________________________________
Email
____________________
Phone
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