General University Reference Utility
POLICY'S INITIAL DATE: May, 1964
THIS VERSION EFFECTIVE: August 7, 2014
To insure compliance with Federal laws in regard to certification, petitions, immigration and visa matters as related to employment of foreign nationals with the University.
The Directorate of International Student and Scholar Advising (DISSA) in the University Office of Global Programs (UOGP) is responsible for representing the University in signing all applications for labor certification as well as certificates, petitions and visa forms for aliens employed by the University and their families. This office is also responsible for alien students employed after graduation from another institution during periods of practical training.
DISSA is also responsible for all aliens in any student status, including those employed after graduation from Penn State during periods of practical training.
The following procedure shall be followed when negotiating for the employment of an alien:
Students who seek part-time employment, including graduate assistantships, should first consult with the DISSA (the International Student Advising unit) in the University Office of Global Programs on the 4th floor of Boucke Building to be sure that such employment is permissible, and to complete the I-9 and W-4 forms.
Full-time employment by the University can be approved during vacation periods if the student was full time during the previous semester and will be full time for the subsequent semester or under Practical Training (see HR84) following completion of the degree program.
International students on F-1 or J-1 visas can be employed on-campus only as long as they are in good academic standing and are enrolled as full-time students.. Because employment cannot exceed 20 hours a week while school is in session, International students may not hold 3/4 time assistantships. Employment may be full-time during vacation periods for students who are eligible and intend to register for the subsequent academic semester.
On-campus employment is not permitted after completion of a program unless the student has either completed the transaction procedures from one educational level to another at Penn State or has been authorized for practical training.
DISSA is responsible for completing the I-9 and W-4 form for international students.
International students who are in F-1 or J-1 immigration status are permitted to apply for periods of practical training after completion of their degree programs. Applications must be submitted to the international student adviser in DISSA. Current processing requires completion electronic forms (eForms) by the student through the DISSA system called iStart. and once the student submits the eForm, the academic adviser will received an email with access to an eForm to verify the status of the student. For a full description of Practical Training, refer to HR84.
Any foreign national who desires to continue employment with the University upon the completion of a period of practical (or academic) training must make application to DHS for permission to change visa status. This application should be prepared with the concurrence of DISSA’s Scholars Advising unit. DISSA shall be responsible for preparing the necessary petition to be submitted DHS requesting that the foreign national be granted either a J-1 or an H-1B non-immigrant visa. No foreign national shall be permitted to remain on the University payroll without specific approved permission from DHS.
The spouse and/or children of aliens on F-1 student visas cannot be employed. There is no exception or special permission available. The spouse and/or children of aliens on J-1 visas may apply for permission to work from DHS. Such permission, if granted, will be noted on an Employment Authorization Document (EAD)
The I-9 for a J-2 with employment authorization is completed by DISSA.
An Alien Information Request Form shall be completed by each faculty or staff member who is not a United States citizen.