Requesting a Staff Visa Sponsorship Exception
Under Federal Law, the University of California may employ only individuals who are legally eligible to work in the United States as established by providing documents specified in the Immigration Reform and Control Act of 1986.
ANR sponsors only academic titles for visas such as the H-1B, TN, O-1, E-3, and possibly J-1. However, certain staff titles may be sponsored on an exceptional basis, provided that specific criteria are met. Please keep in mind, however, that although UC may be willing to sponsor, there is no guarantee that employment status will be supported by US Citizenship and Immigration Services.
Exception Criteria (all criteria must be met):
Valid justification for why the position does not meet criteria for an academic series (most visa sponsorship occurs in academic positions) position.
The position is exempt and requires at least a Bachelor’s degree level or higher.
The degree requirement for the job is common to the industry and/or the job is so complex that it can be performed only by an individual with a degree.
The position was recruited openly, applications were screened, and candidates interviewed in a same manner for any other staff position. A good faith attempt to recruit and advertise is required.
There are unique skill sets required for the position or the tight labor market has made recruiting extremely difficult.
Attest that the employment of H-1B employees will not adversely affect the working conditions of US workers similarly employed in the area of intended employment.
Recruits and follows the normal interview and selection process for the staff position in review with Human Resources.
Contacts HR when an individual has been identified for potential visa sponsorship and prior to job offer.
Understand the visa requirements and regulations and dates of employment eligibility.
The department must pay for all fees for visa sponsorships as well as a one-way plane ticket back home, upon termination of the position.
Expect periodic inspections from United States Citizen and Immigration Service (USCIS) officers.
Normal processing can take up to eight months due to the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS) processes.
Reviews the background of the position and the potential hire to ensure specialty requirements/degree are met.
Evaluates the interview and selection process to ensure the sponsorship criteria are met.
Evaluates for impact to layoff.
The Employment Manager determines approval in coordination with general counsel (as needed).
Notifies the Union as appropriate.
Applicants that do not meet the staff visa sponsorship exception may obtain visa sponsorship through other means. However, department representatives may not make any written commitments, nor may they sign any statements, on behalf of international scholars or any outside agents who pursue visa sponsorships or permanent residency outside of ANR.