H-1B Sponsorship Guidelines
Requests for H sponsorship should be submitted to Immigration Services at least 60 - 90 days in advance of the desired start date at UMMS. An offer of employment from UMMS does not imply a commitment to sponsor an H-1B visa. The information below is a summary of the UMMS policy on H-1B Temporary Worker visa sponsorship.
Sponsorship of Researchers, Faculty & Other Specialized Positions - Process Overview - Other Sponsorship Considerations - Foreign Medical Graduates - Clinical Physicians - Change of Appointment - Terminations
UMMS may sponsor H-1B status for full time qualified, exceptional researchers, post docs and faculty members. Other positions which require a minimum of a baccalaureate degree will be considered for sponsorship only in cases in which ordinary recruitment efforts for candidates who do not require visa sponsorship have been exhausted. Part time and or short-term H-1B visa requests are considered on a case-by-case basis.
The U.S. Citizenship and Immigration Services (USCIS) makes the final decision on whether the individual qualifies for the H-1B status. The H-1B visa is employer specific, which means that an USCIS approved petition authorizes the employee to work only in the position specified in the petition. Further, an indidual who has an H-1B approval from another employer is not automatically eligible to work at UMMS. If an H-1B worker wishes to work for more than one employer, each employer must file a separate H-1B visa petition.
In order for UMMS to sponsor a person for an H-1B visa the individual’s pay check must come from the hiring entity (UMMS). If there will be additional work locations, those locations must be noted on the H-1B petition and the Labor Conditions Application.
- Whether the individual is transferring to UMMS from another institution at which he or she has already used all or a substantial portion of the 5 years available to a J research scholar visa.
- The individual is already in H-1B status at another institution and wishes to transfer that visa to UMMS.
- Foreign medical graduates may come to UMMS on an H-1B visa in order to teach or conduct research. If the primary intent of the Foreign Medical Graduate is not to teach or conduct research, the individual must meet additional special requirements listed in the “Clinical Physicians” section below.
- In the case of a foreign medical graduate who will not engage in patient care, the H-1B petition should point out that the job will not involve any patient care services.
In limited circumstances UMMS will consider offering H-1B visas for clinical residencies or fellowships.
- Individual already possesses an H-1B status in a U.S. clinical program and is seeking to transfer that visa to UMMS. Non-clinical H-1B status will not be transferred to clinical H-1B status.
- Individual is a graduate of a U.S. Medical School and will be working on his or her F-visa Optional Practical Training (OPT) during the first year of the clinical training program.
- Individual is a graduate of a U.S. Medical School and will be working on his or her J-visa Academic Training for up to three years of the clinical training program.
- UMMS Graduate Medical Education (GME) identifies an outstanding candidate who has passed the USMLE Step 3. [Exception: Graduates of U.S. Medical Schools do not require proof of USMLE exams as part of H-packet]
Additional legal requirements for clinical physicians coming to UMMS on H-1B visas for the purpose of providing clinical services are:
- ECFMG Certification [Not required in H-1B packet for graduates of U.S. Medical Schools]
- USMLE (parts 1, 2 and 3) [Not required In H-1B packet for graduates of U.S. Medical Schools]
- License to practice medicine in Massachusetts. The License expiration date governs the effective end date of the requested H-1B application.
In the event of a change in the position or the appointment of an employee in H-1B status, the Department must notify Immigration Services IN ADVANCE OF THE CHANGE. Examples of changes that require notification are:
- The employee will be terminated
- There will be a change in the percentage of the appointment (i.e. Employee is full time but is being reduced to 50%)
- Employee’s title will change
- Employee’s work location will move outside of the current city
- Employee’s job description will change
- There will be a change in compensation
If UMMS dismisses an H-1B employee for any reason during the approved H sponsorship timeframe, the department is responsible for the reasonable transportation back to the employee’s home country or last place of permanent residence. However, if the employee chooses to change status and remain in the United States, this obligation ceases to exist.