This page describes the process of acquiring H-1B status for current employees or prospective employees of UCSF. If you are currently in UCSF-sponsored H-1B visa status and would like to extend your H-1B or amend you H-1B, please visit the respective page for those topics. If you are currently in H-1B status but sponsored by another employer, please visit the Transferring Your H-1B to UCSF page for information on that process.
Are you Eligible for an H-1B Visa?
Before discussing the process of acquiring a UCSF H-1B, it’s important to determine if you qualify for H1B visa status. Below are the basic criteria that must be met in order for UCSF to file an H-1B petition on your behalf:
- Your PI must agree to sponsor you for an H-1B.
- You must hold an academic title (such as postdoc, specialist, or faculty). Staff titles generally do not qualify for an H-1B. Only positions that require at least a Bachelor's degree can qualify for an H-1B visa.
- You must hold a full-time appointment. Part time appointments do not qualify for a UCSF-sponsored H-1B.
- You are not subject to (or are no longer subject to) the J-1 visa two-year home residency requirement.
- Your current visa status has not ended or you are currently outside of the US.
Please note that there are significant costs associated with a UCSF-sponsored H1B. For this reason, your department may have policies in place that require you complete all of your allotted time in F-1 OPT or STEM OPT statue and/or J-1 Research Scholar program. In addition to the criteria above, please check with your department HR if you are eligible to be sponsored for an H-1B per any such policies.
Beginning the H-1B Visa Process
Once you have established you are eligible for an H-1B visa, please refer to the UCSF H-1B Process and Processing Times page for an overview of when and where to begin the H-1B process. If possible, please begin the conversation about changing to H-1B around 6 months before your anticipated H-1B start date.
Important Considerations for Your Initial H-1B
If you have not already been through the H-1B visa process before, it can seem very different from other visas you may have applied for. Review the topics below to better understand the key aspects of acquiring and maintaining H-1B visa status.
Method of Acquiring H1B status
There are two ways to acquire H1B status: Changing of Status or Consular Processing. The method that will be used in your situation will depend on different factors related to your current visa status (if any), your current location, and your international travel plans.
Change of Status (best for employees currently in the US with no immediate plans to depart)
Consular Processing (best for employees outside of the US or plans to depart the US)
Work Site
The H-1B visa is sensitive to the location where you are actually working. If you will not be working full time in the Bay Area at any point while in H-1B visa status, please alert the ISSO advisor filing your H-1B petition. To ensure you are authorized to work outside of the Bay Area, we will need to indicate your work site address in your H-1B petition.
Two-Year Home Residency Requirement (J-1 Visa)
If you are currently in J-1 visa status or have previously been in J-1 visa status, the ISSO cannot file an H-1B visa petition on your behalf if you are subject to the 2-year home residence requirement - 212(e). US immigration law prevents anyone subject to the two-year rule from applying for an H-1B visa or changing status inside the US. For more information on the two-year rule, please visit our Two-Year Home Country Residence Requirement page for more information.
Length of H-1B Visa Status
An H-1B petition can be approved for an initial maximum period of three years however, UCSF practice is generally to match the H-1B end date to your UCSF appointment end date. In total, you can be in the US in H-1B visa status for a maximum of 6 years, regardless of employer.
Changing Titles or Terms of Employment
H-1B status is granted based on the specific terms of the specific position. If there are changes to the terms of your current position (such as a salary change or change in work site) or you change to a new appointment title (such as changing from Postdoc to Specialist), an amended H-1B may be required. Please let your ISSO advisor know if you anticipate any such changes while in H-1B visa status.