102.530 - Sponsorship of Immigration and Work Authorization
CONTENTS
I. Overview
II. General Provisions
III. Requirements
- Nonimmigrant Work Authorization
- Permanent Residency Sponsorship
I. Overview
The university sponsors employment-based visas for nonresidents who are offered academic appointments at UC Santa Cruz. All academic personnel policies apply to nonresident applicants and employees. The employee, supervisor, principal officers, and International Faculty and Scholars Services (IFSS) work cooperatively to ensure compliance with federal immigration laws and regulations.
II. General Provisions
IFSS manages sponsorship of work authorization and immigration. No other employee or unit of the University may initiate sponsorship or correspond with any government agency in connection therewith, absent authorization by the Chancellor (APM 530).
The hiring unit1 assumes the costs of sponsoring an application (including attorney fees when applicable) for non-immigrant work authorization or permanent residency and must therefore ensure that it has adequate funding to cover the associated costs. IFSS will provide its best estimate of these costs to the hiring supervisor in advance of the application.
Hiring units should be aware there is no guarantee that their applications will be approved. IFSS may determine, based on federal immigration laws, regulations, or processes, that a position or individual is or is not appropriate for sponsorship of work authorization or immigration.
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1 Partial or full funding may come from a faculty member’s startup package as specified in the startup agreement.
III. Requirements
A. Nonimmigrant Work Authorization
A nonimmigrant visa classification may be sought for a noncitizen who is proposed for a visiting or temporary appointment and who does not already have permanent immigrant status. The most commonly used visa classifications at UCSC are listed in the following table. For definitions and detailed information on each of the visa classifications, please refer to the IFSS website.
|
Academic Title Series |
|
Visa Classification |
|
Visiting Appointments: Visiting Professor Series, Visiting Professional Research Series, Visiting Project Scientist Series, Visiting Specialist Series, and Visiting Librarian Series With or Without Salary Appointments |
J-1 | |
|
Visiting Scholar, Visitor (Graduate Student), Visitor (Undergraduate Student), Research Associate, and Research Fellow Without Salary Appointments |
J-1 | |
|
Pre-six Lecturer |
J-1 | |
|
Continuing Lecturer |
|
J-1 for 9/9 continuing appointments or H-1B for 9/12 continuing appointments |
|
Postdoctoral Scholar |
|
J-1 or H-1B in limited instances (determined by IFSS) |
|
Academic Student Titles |
|
J-1 or F-1 |
|
Other academic titles not listed above (appointments must be made at 100% time) |
|
H-1B or F-1 OPT or J-1 AT when applicable (determined by IFSS) |
|
Australian citizens in the following title series (appointments must be made at 100% time): Professor Series, Professional Research Series, Project Series, Specialist Series, Lecturer with Security of Employment Series, Unit 18 Titles, Adjunct Professor Series, and Visiting Appointments |
E-3 | |
|
Any academic title (appointments must be made at 100% time) |
O-1 | |
|
Canadian and Mexican citizens in any academic title (appointments must be made at 100% time) |
TN |
B. Permanent Residency Sponsorship
UC Santa Cruz sponsorship for permanent resident status may be sought for a foreign national who is offered full-time, permanent academic employment and who may or may not already hold nonimmigrant work authorization.
The Professor Series, Lecturer with Security of Employment Series, and the Continuing Lecturer title (with 9/12 appointments) are all considered permanent for purposes of permanent residency sponsorship. An academic term appointment (as defined in APM 137) that is renewable indefinitely may be considered permanent for the purposes of permanent residency sponsorship if there is a guaranteed minimum of three years of secured funding, and a reasonable expectation of a permanent employment need.
IV. Authority
The hiring supervisor, the unit head (Department Chair, College Provost, Program Director, or Director of Organized Research Unit), the cognizant principal officer (Dean or Vice Provost), and IFSS must approve all requests for employment-based work authorization or immigration sponsorship.
