Visa Sponsorship

UCD offers visa sponsorship to qualified foreign national talent and offers employment to both academic, and where needed and approved, staff titles that satisfy visa sponsorship criteria.

Owing to the complexity of visa processing, planning ahead is critical to a successful recruitment where a foreign national may be offered conditional employment. If you want to expand your talent pool by offering Visa Sponsorship for your role, connect with both UC Davis Talent Acquisition & SISS teams for guidance.

Investing in your organization by considering non-resident applicants further develops diversity of thought and increases your qualified talent pool exponentially at UC Davis. 

If you want to expand your talent pool by offering Visa Sponsorship or If you select a candidate that requires sponsorship now or in the future, you can reference this guide and connect with both UC Davis Talent Acquisition & SISS teams for guidance. 

Visa sponsorship for Staff Titles

  • All UC Davis visa sponsorship requests for staff titles are managed by Services for International Students and Scholars (SISS), in conjunction with Human Resources. Individual departments or PIs may not independently enter into agreements with outside contractors for immigration services on behalf of a UC Davis employee. In situations where outside legal services are required, SISS is responsible for coordinating with an immigration attorney authorized by SISS to act on behalf of the University.
  • Visa sponsorship may not be needed if a foreign national candidate has alternative work authorization to accept employment at UCD. UCD visa sponsorship is only needed if SISS determines that the potential candidate requires sponsorship in order to accept employment at UCD, whether for initial employment or at later stages of their employment.
  • Employees already sponsored by another employer still require UCD visa sponsorship. Visa sponsorship is typically employer-specific. SISS will need to prepare a visa petition for any employee already sponsored by another employer who is seeking to add UCD as a secondary employer or fully transfer to UCD for employment.
  • Visa sponsorship petitions prepared by UCD / SISS are subject to US federal government approval, and outcomes and timelines are NOT guaranteed. Sponsorship outcomes and processing timelines may vary according to government processing trends and individual case factors. Accordingly, employment is conditional upon the employee successfully obtaining the immigration status needed to work at UCD.
  •  Immigration processes and fees for dependent family members are the responsibility of the individual employee. The individual employee is responsible for any visa sponsorship processes, and fees, needed for any dependent family members, which includes the legal spouse and/or unmarried minor children under 21. However, SISS will work with the employee to coordinate any required immigration filings for family members, and direct the employee to independent legal assistance, if needed. 

Department Responsibilities:

 Before Recruitment

  • Contact SISS prior to recruitment, if considering visa sponsorship as an option, to identify visa options, timelines, costs, and other factors that may affect recruitment and onboarding for the position. Also discuss whether or not visa sponsorship will be limited to temporary employment or if permanent residence sponsorship will also be offered.
  • Ensures that any internal department, school, and division-based approvals are secured, including approval from Dean’s office or other approving officers.
  • Departments should consider whether they intend to retain the employee temporarily, or permanently. Visa sponsorship is typically for limited durations of time (e.g., the H-1B visa allows for employment up to six years). Departments should discuss with SISS prior to embarking on recruitment if permanent residence (‘green card’) sponsorship will be considered alongside temporary visa sponsorship.
  • Sponsorship costs – including SISS recharges, US government filing fees, and any immigration attorney fees – are the responsibility of the department. The individual employee may be asked to cover costs only in specific situations, such as the immigration costs for family members, or optional premium processing fees if faster government agency processing is needed for personal or family travel.

During Recruitment

  • Recruits and follows the interview and selection process for the staff position in conformity with Employment Services/Human Resources guidelines. Recruitment processes should follow standard staff recruitment procedures regarding advertisements, screening, and selection.  Note: direct hires such as Short-Term Limited, PSS/MSP Contract, or Waiver for Career appointments must be discussed with your Talent Acquisition Partner (Health and Campus) prior to employment. 
  • Contact your Service Channel & Talent Acquisition Partners when an individual has been identified for potential sponsorship and prior to job offer, to ensure that there are no UC Davis policies barring visa sponsorship for the staff title, and/or to identify any institutional approvals that may be required for sponsorship to proceed. Notify SISS if the criteria has been met. Note: also contact HR in the event the position is non-exempt, as additional review and approvals may be needed in this case.

After Recruitment

  • Works internally and with HR to develop contingency plans in the event visa sponsorship processing timelines are delayed.
  • Once an employee is approved to work, coordinates onboarding and related matters for the employee.

Talent Acquisition Responsibilities 

Before Recruitment

  • Initial Steps: Upon receipt of a new job order, Talent Acquisition will connect with the hiring department to confirm if the role is eligible for Visa Sponsorship, department budget permitting among other factors. Benefits: Expanded talent pool & aligns with UC Davis CoP.

Job Order eligibility for visa sponsorship: 

  • The position must be an open and competitive recruitment.
  • The position must require (at a minimum), a bachelor’s degree in a specialized field and the applicant must possess the required degree.
  • Candidates must have relevant experience and meet minimum qualifications for the role in accordance with PPSM 20 Recruitment and Selection.
    1. In most cases, visa sponsorship to staff titles is limited to specialty occupations. The most common type of visa for staff titles is the H-1B visa, which is limited to titles requiring specialized knowledge. The position must typically require a minimum of a baccalaureate or higher as a condition of employment. SISS can advise on the full range of visa options.

During Recruitment

  • Review and Evaluation: Ensure the candidate meets the minimum qualifications (to include educational credentials (i.e. at least a BA or higher in the position’s specialized field). Evaluate the interview and selection process - including work eligibility questions - to ensure recruitment criteria were met. Assess for impact to layoff.
  • Recommendation and Notification: Either recommend/approve or reject/deny [word choice] the position for visa sponsorship to the Hiring Manager(read exceptions). Provides and recommends appropriate & inclusive language on job descriptions. Notify the department, SISS, and the Union as appropriate.
  • Screening: Candidates selected to advance must meet minimum qualifications for the position (e.g., experience, education, knowledge, other qualifications). The criteria must be job-related, based on the job description, and applied equally and consistently. Read more.
  • Consultation: Connect hiring departments to SISS to consult on cost and timeline when needed.

SISS Responsibilities:

Before Recruitment

  • Advises the employing department prior to and during recruitment on visa sponsorship options, strategy, costs, timelines, and documentation requirements.

During Recruitment

  • Once a foreign national candidate and the appropriate visa option has been identified, assists the department (and the candidate) on the process for submitting a visa sponsorship request through SISS’s iGlobal database system.

After Recruitment

  • Prepares and processes the visa petition for submission to the appropriate federal authority or agency for approval; monitors progress of petition and coordinates any requests for additional evidence.
  • Notifies department and employee once approvals are secured, and any immediate next steps needed
  • Provides ongoing advising and support to department and employee on immigration compliance matters, including processing extension requests, advising on travel and visa renewals, etc.
  • Coordinates discussions with the employee and department about longer-term visa options, such as US permanent residence.

Contacts

References 

Frequently Asked Questions

  • What if the non-resident applicant has a bachelor's degree, but it isn't relevant to the role? What are the next steps?

  • If a non-resident applicant has a bachelor's degree that is not directly relevant to the role they are applying for, there are a few considerations and potential next steps:

    • Evaluation of Degree Equivalence: The degree must be from an institution accredited by a recognized accrediting association, and it should be substantially equivalent in academic subject matter and scholarship achievement to a comparable degree at the University of California.

    • Breadth Requirements: If the applicant's degree is in a field like the performing arts, they may need to meet additional "breadth" requirements. This could involve completing a minimum of 12 units in a foreign language and 12 units in each of two other areas such as natural science, social science, or humanities. If these requirements have not been met, the applicant may need to complete this coursework in addition to their regular graduate program.

    • Appeals for Exceptions: If the applicant believes they have met the breadth requirements in other ways, they can appeal for an exception. This appeal must be supported by the graduate advisor and evidence that the requirement has been met in other ways. The appeal will be considered by the Administrative Committee of the Graduate Council.

    • Consultation with SISS( sissscholar@ucdavis.edu): For non-resident applicants, it is important to consult with the Services for International Students and Scholars (SISS) to ensure that all visa and employment eligibility requirements are met. This includes understanding any restrictions based on their visa classification.

    • Potential Change in Immigration Status: If the applicant's current immigration status does not allow for employment in the desired role, a change in status might be possible. This process can take several months and must be coordinated through SISS.

    These steps ensure that the applicant's qualifications and immigration status align with the requirements of the role and the policies of UC Davis.

    References:

  • A non-resident applicant has applied and is authorized to work in the United States. What are examples of alternative work authorization? 

  • For non-resident applicants authorized to work in the United States, there are several types of work authorization they might possess. Here are some examples:

    • Employment Authorization Card: This is a card issued by the U.S. Citizenship and Immigration Services (USCIS) as evidence of temporary employment authorization
    • Temporary Resident Card: Individuals holding an unexpired USCIS-issued Temporary Resident Card are eligible for employment
    • F-1 Visa Holders: Nonimmigrant students in F-1 status may be employed on campus up to 50% (20 hours/week) while school is in session and 100% (40 hours/week) during vacation periods, provided they have the necessary authorization
    • J-1 Visa Holders: Nonimmigrant students in J-1 status, with permission from their exchange visitor program sponsor, may also be employed under similar conditions as F-1 students
    • J-1 Exchange Visitors: Individuals in the J-1 Exchange Visitor categories such as Professor, Research Scholar, Short-term Scholar, or Specialist are eligible for employment
       

    Reference: 380-14, Employment of Nonresidents

  • The candidate who has recently accepted our offer is a non-resident candidate & also a recent college graduate. What are my next steps?

  • When hiring a non-resident candidate, especially a recent college graduate, there are several steps you need to follow to ensure compliance with UC Davis policies and federal regulations:

    • Verify Employment Eligibility: Ensure that the candidate has the appropriate visa status that allows them to work in the U.S. For non-resident candidates, this typically involves verifying their visa classification and ensuring it permits employment. Nonimmigrant students in F-1 status, for example, can work on campus up to 20 hours per week while school is in session and full-time during vacation periods, provided they have the necessary authorization
    • Consult with SISS: Before making a hiring commitment, consult the Services for International Students and Scholars (SISS) to confirm the candidate's visa status and any employment restrictions. SISS can provide guidance on the necessary documentation and procedures
    • Health Insurance Requirement: If the candidate is in J status, they are required to obtain health insurance that meets the minimum requirements set by the U.S. Department of State. You can find more information about this requirement on the SISS website
    • Prepare Employment Eligibility Forms: Ensure that all necessary employment eligibility forms, such as the I-9 form, are completed. This form is used to verify the identity and employment authorization of individuals hired for employment in the United States
    • Tax Compliance: Once hired, the non-resident employee will need to enter an online GLACIER Nonresident Tax Compliance record and related income tax forms. They should also apply for a social security number if they do not already have one
    • Maintain Employment Authorization: The candidate must maintain their status and employment authorization throughout their employment. This includes renewing any necessary documents before they expire

     

    By following these steps, you can ensure that the hiring process for a non-resident candidate is compliant with UC Davis policies and federal regulations. If you have any further questions, contacting the SISS office at UC Davis would be a helpful next step

    Reference: 380-14, Employment of Nonresidents

  • I want to provide Visa Sponsorship for my role, but it is non-exempt (hourly). What can I do? 

  • Sponsoring a visa for a non-exempt (hourly) position at UC Davis involves several considerations and steps. Here are some guidelines:

    • Eligibility: Consult with your Campus or Health Talent Acquisition team to determine job order eligibility and adherence to any applicable collective bargaining policies where applicable.
    • Visa Classification: Non-exempt positions may have different requirements compared to exempt positions. It's important to consult with the Services for International Students and Scholars (SISS) at UC Davis to understand the specific visa classifications and restrictions that may apply
    • Consultation with SISS: Before making a hiring commitment, departments should consult the SISS website or contact SISS directly. They provide guidance on the various visa classifications and can help determine the appropriate visa type for the position 1.
    • Change in Immigration Status: If the candidate is already in the U.S. on a different visa, a change in immigration status might be possible to facilitate employment at UC Davis. This process can take several months and must be coordinated through SISS 1.
    • Health Insurance Requirement: If the candidate will be on a J-1 visa, they are required to obtain health insurance coverage that meets the minimum requirements set by the U.S. Department of State
    • Compliance with Employment Laws: Ensure compliance with federal and state employment laws, including the Immigration Reform and Control Act (IRCA) of 1986, which requires verification of employment eligibility
    • Documentation and Verification: The hiring department must verify the candidate's identity and work authorization status using Form I-9 and, if applicable, the E-Verify system

    References:

  • Visa Sponsorship is temporary, but my role is permanent. Do I need to change my role from Career to Contract?

  • If your role is classified as a "Career Appointment," it is typically expected to continue for one year or longer at a fixed or variable percentage of time at 50 percent or more of full-time. However, visa sponsorships, such as H-1B, O-1, E-3, or TN visas, are indeed temporary and require periodic renewal or extension.

    You do not necessarily need to change your role from a Career Appointment to a Contract Appointment solely because your visa is temporary. A Contract Appointment is generally used for positions with specific objectives, defined outcomes, or temporary funding, and it can last up to four years, with a possible extension for one additional year.

    If your employment is expected to be long-term and meets the criteria for a Career Appointment, you can maintain that status while managing your visa renewals as needed. It is advisable to consult with your Human Resources department, Employee Relations Consultant, or SISS team to discuss your specific situation and ensure compliance with university policies and immigration regulations.

    References