[Back to TOC]
PAYING A FN's MEALS:
Per diem meals should be placed on the TSF along with travel expenses and/or lodging expenses. In this case, the backup would be the same as for lodging or travel expenses.
Group meals under $25.00 per person do not require any backup ( regardless if one of the attendees is a foreign national visitor or not ).
[Back to TOC]
PAYING A FN AN HONORARIUM:
Complete process as stated below for inviting a Visiting J-1 Scholar. An honorarium cannot be paid on a B-2 (or VWT) or even a B-1 (or VWB)visa.
BACKUP NEEDED:
SRFC Form (which includes the ICE form) (NOTE: IRS 1099 and paper ICE forms are no longer used)
Visitor's Visa
Visitor's I-94 (both sides) (hard white card stapled into passport/visa)
IAP-66 Pink Sheet
Visitor's Information Sheet for Income and Travel
8233 (only required if FN is requesting exemption due to a tax treaty for their home country)
NOTES:
If the visitor does not have a social security number, you need to obtain their Tax Identification Number (TIN) or social security number (recommended route).
[Back to TOC]
PAYING AN H-1B FN FROM ANOTHER UNIVERSITY:
If paying a foreign national visitor who holds an H-1B visa from another institution, a copy of the letter from Jacquelyn Bednarz (see attached copy) must be attached to expenses being paid for the visitors. A salary may not be paid.
[Back to TOC]
PAYING A J-1 FN FROM ANOTHER UNIVERSITY:
If paying travel expenses for a foreign national visitor who holds a J-1 visa from another institution, you must send a letter (sample attached) to the sponsoring J-1 institution requesting permission to pay expenses for their J-1 visa holder. If approved, that institution will send a letter granting permission to IS&FVS.
[Back to TOC]
SPECIAL EXCEPTION FOR B-1, B-2, WB, WT ("9-5-6" RULE):
Although the Immigration and Naturalization Service (INS) has yet to publish regulations allowing for implementation of the special provisions of the American Competitiveness and Workforce Improvement Act (ACWIA), it has recently announced that international visitors may be admitted under Section 431, pending final regulations.
Short-term visitors holding B-1 or B-2 visas and visitors arriving from the Visa Waiver Pilot Program countries, may accept reimbursement of incidental expenses under the following conditions:
- for " usual academic activity or activities " involving visits of 9 days or less at Penn State; and the individual has accepted such payment from no more than 5 educational or research institutions , in the previous 6 month period .
If you have an international visitor who may qualify under the "9-5-6" special exception, he/she will be required to sign a certification statement acknowledging compliance with Section 431 of ACWIA. The VISIT form will be revised to contain the "Certification of Academic Activity" attestation.
Additionally, a copy of the Arrival/Departure card (I-94), and all receipts should be enclosed with the expense reimbursement request forwarded to Accounting Operations.
In the case of short-term international scholars receiving an honorarium payment, a Social Security or individual tax identification number is required - no exceptions! Therefore, unless you can verify that a potential "9-5-6" international visitor ALREADY has a U.S. Social Security number (or ITIN), he/she will need to obtain J-1 short-term Scholar Status (STS). The J-1 (STS) visa status entitles the holder to obtain a U.S. Social Security number. (Refer to the "Inviting a Visiting Scholar Worksheet" for instructions.)
The INS "9-5-6" implementation announcement is indeed welcome news for the academic community; however, please bear in mind it is an extremely limited exception. All laws and regulations regarding payments and salary remain unchanged, with this one exception for brief visitors here for "usual academic activities," such as a speech, conference attendance, etc.
[Back to TOC]
INVITING A J-1 VISITING SCHOLAR:
Inviting faculty member should inform responsible staff member that a visitor will coming.
A letter briefing the visitor on Penn State procedures ( sample attached ) should be sent and information for completing the IAP-66 form should be retrieved along with a curriculum vitae.
Department Head signs IAP-66 recognizing the commitment of funding as stated on the IAP-66.
Human Resource Representative ( Larry Achterberg ) signs IAP-66 worksheet ensuring that it is completed properly and completely.
IAP-66 is mailed ( via campus mail ) or hand-carried ( by department ) to Banci Tewolde in the International Faculty and Visiting Scholars Program. Banci's office takes care of the IAP-66 from here. You will receive a copy of a letter that Rosalie's office sends to the visitor giving him/her specific instructions.
The foreign national visitor arrives. Direct him/her to Banci's office as soon as arriving to complete the I-9.
[Back to TOC]
APPOINTING A FN AS A POSTDOC:
Follow process above for inviting a J-1 Visiting Scholar.
After the foreign national arrives and has visited the IS&FVS' office, they should return to your department with their original I-9 in hand. After collecting the original I-9 from the postdoc and verifying that everything is in order (i.e., Winifred Monsell has completed the form and all the appropriate backup copies are attached) , please give the postdoc the following paperwork to fill out and return to you in a timely fashion:
W-4
Salary Deposit Form (not needed if an adjunct appointment)
Worker's Comp Form
Employment Application
Biographical Data Form for Non-Academic Employees
Intellectual Property Agreement
Benefits Packet
Affirmative Action Data Card NOTE: Additional forms may be obtained from Susan Hull( smh2@psu.edu)
After paperwork has been completed and returned, process an electronic GRAD form to appoint the postdoc.
All GRAD forms go to Kim Homan (usx8) for approval.
Postdocs do not receive dental or vision coverage in their health benefits. They may purchase these from outside sources or through the student insurance office on campus.
[Back to TOC]
APPOINTING A FN AS AN ACADEMIC:
There are a number of issues that need to be addressed before appointing a FN in an academic position; therefore, please consult with your administrative assistant before proceeding with an offer letter, visa procedures, etc.
[Back to TOC]
H-1B PROCESS:
PART I (Labor Condition Application)
Department Head needs to decide if they wish to sponsor a foreign national through the H-1B process. There are numerous problems with the prevailing wage to include affordability and creating equity differences. There are also only a limited number of H-1B Visas available; therefore, Penn State's International Commission recommends that we limit the use of H-1B visas for individuals in tenured or tenure-track positions. Please consult with your administrative assistant or Banci Tewolde before proceeding.
Staff member requests H-1B packet from the International Scholar and Faculty Visa Services office. Foreign National may not make this request.
Request for Prevailing Wage Determination and Documentation of Actual Wage Rate for Similarly Situated Workers must be completed, signed by the Department Head and Larry Achterberg and then sent to IS&FVS. IMPORTANT : The Similarly Situated Report should not be given to the foreign national at any time (not even to hand carry) due to the sensitivity of the information contained in this report.
IS&FVS will obtain a determination of prevailing wage from the Department of Labor.
After determination of prevailing wage is received from the Department of Labor, the IS&FVS will prepare the Labor Condition Application (Form 9035) . A copy will be sent to the department. The department will be required to post the copy for 10 days in an accessible public place. After the 10 days, take down the posting, complete appropriate sign-offs and send the posting back down to IS&FVS.
After this has been completed, you can move on to the second part of the H-1B visa which is Filing with the INS.
PART II (Filing with the INS)
Department and foreign national work together to assemble information found in Part II.
Department Head and Larry Achterberg sign off on Part II.
After signatures are obtained, Part II should be mailed or walked (depending on timeframe) to IS&FVS with a check in the correct amount.
IS&FVS files Part II with the INS.
IS&FVS will inform the department when INS has returned a decision.
The department will in turn inform the foreign national.
[Back to TOC]
LABOR CERTIFICATION (Green Card):
Labor certification should only be obtained if it is pertinent to the position being held at Penn State per HR26 . If this is the case, the labor certification process should be handled through the IS&FVS office. Consult Banci Tewolde on this process.
Labor certification packets can be obtained from IS&FVS.
Labor certification is highly similar to the H-1B process but it is required that all information is retrieved and assembled again. Keep accurate records. Be able to recount information/document actions, candidates, etc. from AA Report. NOTE : How to sponsor a tenure-track or tenured faculty member is determined in consultation with Susan Hull and IS&FVS.
[Back to TOC]
CITIZENSHIP:
The College of Earth and Mineral Sciences and Penn State University are not involved in a foreign national obtaining U.S. citizenship. This is a process that the individual must proceed with on their own through the local INS office (the closest is in Philadelphia) . The process is called Naturalization (Form N400) which is available by calling 800-870-3676. Be sure to specify "for Philadelphia, PA."
[Back to TOC]
PRE-PAYING PROHIBITION:
A fairly recent decision (4/00) by central administration has resulted in complete prohibition of pre-paying travel and lodging for visitors who may be foreign nationals. Following are the only alternatives, at this time:
-For us to use a strict reimbursement policy, dependent on the visitor arriving with the proper paperwork,
-For someone in the departmental to personally pay for the tickets and then request reimbursement, dependent, of course, on the visitor bringing the proper paperwork, or
-For someone in the department to request a cash advance to pay for travel/lodging, and then to request reimbursement, dependent on the visitor bringing the proper paperwork.
[Back to TOC]
QUICK REFERENCES/SAMPLE LETTERS
[Back to TOC]
