UCI International Center

H-1B Requirements

Section 1

The International Center must meet specific federal requirements when sponsoring an employee for an H-1B visa. 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 the IC prior to any changes in H-1B employee’s UCI appointment, including transfer to a new department, changes in title, duties, percentage of appointment, salary or location, as it may be necessary to 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

Intent to file a Labor Condition Application (LCA) will be posted in two conspicuous locations at the place of employment and will remain posted for ten consecutive days. If a union position, union will be notified of LCA filed.