Responsibilities of Sponsoring Departments– H-1B Employees

 

Please read this important Information regarding H-1B site visits by DHS

 

Departments seeking to sponsor employees in employment-based nonimmigrant classifications have the following responsibilities:

  • Develop an offer of employment that is consistent with Stanford policy and, when relevant, visa classification.
  • Stanford Administrative Guide Memo 28.1 requires the department be responsible for filing visa petitions on behalf of prospective foreign national employees. The I-Center requires that all communication and applications related to the H-1 visa be submitted through a designated department representative other than the beneficiary.
  • Stanford University policy does not allow sponsorship of part-time H-1B positions.
  • All academic staff appointments may be submitted by the department, however, all non-academic staff petitions must first be approved by the department's local Human Resources Administrator before being submitted to the I-Center.
  • Attestation concerning Export Control: Beginning February 20, 2011, the USCIS implemented a new provision regarding Export Control for H-1 visa applications. This new provision necessitates that all H-1 applications include an attestation about whether or not the visa applicant will require an export control license to perform the work.

    In the H-1 Work Flow there is a questionnaire that provides some background on Export Control and asks for a ‘yes’ or ‘no’ response to four questions and departments will be asked to sign off on whether the job scope will involve an applicant’s access to export controlled technical information. If the answer is ‘yes’ to any of the questions, the H-1 request will be routed to Steve Eisner, Director of Export Compliance and University Export Control Officer, for review before we can proceed with the application. Export licensing issues will be predominantly limited to H-1 candidates in the sciences, medicine and engineering but all H-1 applications need to have a completed questionnaire.

    The Export Control Questionnaire must be completed and submitted by the applicant’s Principal Investigator or Faculty supervisor. In cases where the applicant does not have a Principal Investigator or Faculty Supervisor, a department’s Human Resource Manager is the required respondent. We refer to that person as the "export control reviewer". In addition all Principal Investigators/Faculty supervisors and Human Resource Managers must have completed the Level II STARS Cardinal Curriculum course ORA-1130 "Export Controls: An Overview for Research Administrators" before responding to the Questionnaire. Course fulfillment is a one-time requirement only. There is no exception to this policy Resources are available to help guide departments through this process. Stanford’s export control website contains useful information, including a web-based tutorial on the basics of export control. Link here for more
  • It is very important that departments understand that federal regulations require them to create and maintain files for H-1B compliance. Details can be found in Step 3 of the H-1 petition process.
  • Reminding H-1B employees to notify the USCIS of any change of address within 10 days of moving.
  • Submitting a Termination of Employment request through the Employment Visa Request Form in Axess / Workflow if the H-1B's employment at Stanford ends before the end date of the appointment / H status.
  • The employer will be liable for the reasonable costs of return transportation of the employee abroad if the employee is dismissed from employment by the employer before the end of the period of authorized admission. If the beneficiary voluntarily terminates his or her employment prior to the expiration of the validity of the petition, the department is not obligated to pay for return transportation.
  • Initiating an H-1B extension, if needed, at least three to six months in advance of the expiration date.
  • Notifying the I-Center If there are any substantial changes to job duties, hours, title, department or work location of your H-1B employees.
  • Ensuring that the Stanford-sponsored H-1B employee works only at the location specified on the H-1B petition.
  • Ensuring the H-1B employee receives no fellowship or other non-salary funding.
  • Making sure that that H-1B employees do not engage in clinical research or patient contact unless the H-1B petition was approved for such duties. If it was not approved for clinical duties, you must initiate an amendment with the I-Center and the H-1B employees may not begin clinical duties until the petition has been received by the USCIS. Please click here for more detailed information regarding physicians.
  • Return to H-1B Petition Process->
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