FOR REQUESTING THE H-1B VISA
PART I Policy Statement
PART II Department Completes
PART
III Employee Completes
H-1B PORTABILITY PROVISIONS
In October 2001, new USCIS regulations were passed to allow H-1B workers who were currently employed in H-1B status to move to another H-1B employer in a similar position and be put on payroll (with proof of USCIS fee filing receipt). Once USCIS has approved the new H-1B petition, the individual may continue employment with the new employer without interruption. These new portability provisions require that the H-1B temporary worker be employed at the current employer at the time UCLA files a petition with USCIS on their behalf (verification of employment, such as pay stubs, may also be needed.)
This packet is designed to be taken apart. The hiring Department Personnel Office should keep the Policy Statement for future reference; do not return it to the Dean’s Office. Also the hiring Department completes and verifies that all information in Part II that relates to the position and working conditions is correct. The Department is expected to make sure all required items and fees in Part III, which is completed by the employee, are provided before the application is sent to the Office of International Students and Scholars. Be sure to send a complete photocopied set of all documentation to the Dean’s Visa and Licensing Office. (revised 12/06)
The School of Medicine
will no longer charge for H-1B Visa processing. An administrative
processing fee will be charged by the Dashew Center for International Students
and Scholars (DCISS).
GENERAL INFORMATION REGARDING FEDERAL RULES AND REGULATIONS RELATING TO H-1B1 NONIMMIGRANT STATUS
PHYSICIANS--An
ECFMG Certificate is required for international medical graduates
(IMGs) employed in positions that require clinical services.The
School of Medicine does not sponsor IMGs in H-1B status for clinical residents
and fellowships.IMGs in postgraduate
training positions (POST MDs) must have passed USMLE, steps I and II and
are sponsored through the Educational Commission for Foreign Medical Graduates
(ECFMG) clinical J-1 program.The
California medical license may be required in some positions.
TERMINATION/LAYOFF: Employers are required to pay the reasonable return travel expenses of the H-1B alien if he or she is laid off from their job prior to the ending date of the approved H-1B. If the alien voluntarily terminates the position, the employer is not required to pay for return travel. The alien may file complaints with the federal government, if an employer fails to provide the return travel funds. (Termination travel should be the responsibility of the hiring departments.)
DURATION OF H-1 STATUS: Six (6) years is the total period of stay allowed in H-1B status. Extensions and changes to other status’ such as J-1 may not be granted. The employee must physically leave the USA for 1 year. (Exception - Canadians may change from H-1B to TN.)
EMPLOYER SPECIFIC: The foreign national must have an approved H-1 petition for each employer. If the employee quits before the end of the approved petition the H-1 status is considered to be canceled. The employer is required to notify the Immigration and Naturalization Services that the employee terminated employment. It is acceptable for a foreign national to have multiple employers and concurrent H-1 status.
PERMANENT RESIDENCE:
Unlike the J-1 visa, it is acceptable for an H-1B to intend to become an
immigrant and to file an application for permanent residence.
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