RA68 – Postdoctoral Appointments
SUMMARY
This guidance establishes expectations for EMS sub-units when selecting an appropriate visa category (J-1 or H-1B) for new international postdoctoral scholars, in cases where Penn State Global determines that both options are viable. It outlines key principles, consultation steps, and recommendations to promote consistency, fairness, and compliance with university policy and federal regulations.
BACKGROUND
Hiring international postdoctoral scholars is a vital part of EMS’s research and academic mission. While the J-1 visa category is typically the most suitable option for postdocs, there are cases where H-1B sponsorship may be appropriate. Given the complexity and variability in individual immigration histories, departmental funding concerns, and career goals, EMS is establishing consistent college-wide guidance that allows for both departmental flexibility and informed decision-making, with support from Penn State Global – International Students and Scholars (ISSA).
GUIDELINES
1. Default Visa Sponsorship: J-1 Exchange Visitor
The J-1 visa is generally the preferred option for incoming postdoctoral scholars. It aligns well with the temporary, training-oriented nature of postdoctoral appointments and is typically less costly to the hiring unit and easier to administer than the H-1B. For this reason, EMS advises sub-units to use the J-1 as the default visa unless there is a compelling reason to pursue an alternative. Additionally, A J-1 program can be valid for up to 5 years. After completing their J-1 program, the individual may be eligible to apply for an H-1B, which can provide up to an additional 6 years of work authorization.
2. Situations Where H-1B May Be More Appropriate
Certain circumstances may warrant H-1B sponsorship, including:
- The scholar is actively pursuing U.S. permanent residency. ‘Actively pursuing’ is defined as follows:
- The scholar has filed an 1-140 petition with the USCIS
- The scholar has not filed an 1-140 petition with the USCIS but has begun working with an immigration attorney
- The scholar has completed the preparatory steps for filing an I-140 petition on their own
- The scholar has clearly defined the dates when they plan to file the I-140 petition and those dates are in the near future
- The scholar recently completed a U.S. Ph.D. program and is moving from OPT/STEM OPT.
- Specific funding requirements or long-term employment considerations apply.
Penn State Global will review each case and recommend an H-1B when necessary. Even if a unit typically defaults to J-1, it should remain flexible when H-1B is appropriate.
Please note, the H-1B visa process can be lengthy and more labor intensive for the applicant and the sub-unit. Additionally, the US Government may send Requests for Evidence (RFE), which can delay processing by 60 days or more even with Premium Processing.
3. Sub-Unit Responsibilities
While the decision to offer visa sponsorship rests with the hiring sub-unit, the college expects all international postdoctoral hires to be submitted to Penn State Global via the Visa Inquiry / New Offer Notification eForm, including those anticipated to use a J-1 visa. This process allows ISSA to review the scholar’s background and provide guidance aligned with university policy and federal regulations, ensuring consistency, reducing compliance risk, and minimizing onboarding delays.
HELPFUL LINKS
Penn State Global:
- Hiring Department Steps (H-1B, TN, E-3, O-1 and LPR)
- International Faculty Advising (IFA)
- Available Visa Options: Foreign Nationals Coming to Penn State
Adopted: EMS Executive Council, August 26, 2025