The International Center must meet specific federal requirements when sponsoring an employee for an H-1B visa.
The H-1B is a temporary nonimmigrant visa status which allows an employee to work temporarily for a specific employer in a “specialty occupation”. A “specialty occupation” requires a “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement” at a wage that meets the higher of the prevailing wage or the actual wage, and the applicant must hold the required degree in a “specialty occupation” that will be employed. This means both the position and the scholar must meet H-1B eligibility criteria.
For more detailed information about the H-1B visa type, please visit USCIS website.
Below is a list of requirements both the employer and the employee must meet.
| H-1B Requirements |
|---|
| Positions eligible for H-1B sponsorship must be offered at 100% with benefits for at least one year. |
| The position needs to be paid by UCI for at least the prevailing wage set by the Department of Labor (DOL). |
| Vacation time, sick leave, and other benefits offered to the H-1B employee must be equivalent to that offered to other U.S. employees in the same classification. |
| UCI must certify as part of the H-1B petition whether the University needs a license from the federal government in order to allow the employee to access certain controlled technology or technical data. |
| Notify IC prior to any changes in H-1B employee’s appointment/employment, including when employee will leave or no longer be employed at UCI, transfer to a new department, changes in title, duties, percentage of appointment, salary or location, as it may be necessary to notify USCIS / DOL or file a new/amended petition with the USCIS. |
In addition to the requirements above, a part of the complete H-1B petition requires a Labor Condition Application (LCA) and requires the employer to attest:
| Wages and Benefits | H-1B nonimmigrants will be paid an actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupational classification in the area of intended employment, whichever is higher. |
|---|---|
| Working Conditions | Employment of H-1B nonimmigrants in the named occupation will not adversely affect the working conditions of workers similarly employed. |
| Strike, Lockout, or Work Stoppage | Declare that there are no strikes, lockouts or work stoppages in the course of a labor dispute in the occupation in which the H-1B nonimmigrant will be employed. |
| Notice | Electronic Notice of Intent to file a Labor Condition Application (LCA) will be posted and will remain posted for ten consecutive days. If a union position, union will be notified of LCA filed. |
USCIS may visit the beneficiary’s worksite location(s) listed in the H-1B petition after UCI submits the H-1B petition to USCIS to ensure compliance with the H-1B program. If the worksite visit is after the H-1B’s intended start date, the visit will likely require verification that the H-1B employee is actually working at the designated location, is performing the job duties listed on the H-1B petition, and is being paid the required wage.
To begin the H-1B sponsorship process at UCI, please see H-1B: Before You Sponsor.