Section:
Effective: 09/23/2022
Supersedes: 07/02/2018
Next Review Date: 09/23/2025
Issuance Date: 09/23/2022
Issuing Office:  International Faculty & Scholar Office and International Students and Programs Office
Visa Services for International Scholars and International Students

 
 
  TITLE

I.       INTRODUCTION

 

Regulations, criteria, and procedures for obtaining visas are complex and subject to change.  UC San Diego has established internal procedures to counsel departments, review and sign documents, and secure government agency approval.  The International Faculty & Scholars Office, the International Students & Programs Office, and the Division of Extended Studies International Student Services are the authoritative sources of information for all visa matters.

 

II.     DEFINITIONS

 

For visa status terms and definitions, see U.S. Citizenship and Immigration Services website, (Working in the US).

 

III.    POLICY

 

The International Faculty & Scholars Office has the sole authority to assist University departments and international scholars with respect to U.S. nonimmigrant (temporary) and immigrant (permanent) visa status, with the exception of J-1 Exchange Visitors sponsored through the Division of Extended Studies' Exchange Visitor Program.  Only the Director of the International Faculty & Scholars Office and their delegates may sign University-sponsored nonimmigrant and immigrant petitions and applications.  Departments may not expend campus funds for nonimmigrant or immigrant petitions or applications without the approval of the International Faculty & Scholars Office.

 

The International Students & Programs Office has the sole authority to assist University departments and international students with respect to U.S. nonimmigrant (temporary) visa status, with the exception of F-1 and J-1 students sponsored by the Division of Extended Studies.  Only the Director of the International Students & Programs Office and their delegates may sign University-sponsored nonimmigrant petitions and applications.  Departments may not expend campus funds for nonimmigrant petitions or applications without the approval of the International Students & Programs Office.

 

The Division of Extended Studies International Student Services has the sole authority to assist its own departments and international students with respect to U.S. nonimmigrant (temporary) visa status.  Only the Associate Dean/Executive Director and their delegates may sign University-sponsored nonimmigrant applications. Departments may not expend campus funds for nonimmigrant applications without the approval of the Division of Extended Studies.

 

IV.   PROCEDURES

 

A.    International Scholars

 

Departments must follow appropriate campus guidelines and procedures as published on the International Faculty & Scholars Office website.  These procedures are applicable to all appointments with salary or other compensation, and certain non-salaried appointments, for international faculty, researchers, or academic visitors. 

 

B.    International Students

 

All new international students (including transfer students from other US schools) must follow check in procedures with the International Students & Programs Office or the Division of Extended Studies upon arrival in the USA.  Failure to check in may

result in the termination of the SEVIS record and loss of the F-1/J-1 status.  For more information, see the International Students & Programs Office website or the Division of Extended Studies International Student Services website

 

V.     RESPONSIBILITIES

 

A.    International Faculty & Scholars Office

 

The International Faculty & Scholars Office is responsible for ensuring that the University is in compliance with its legal and ethical responsibilities affecting international faculty, academic researchers, and selected research staff.  The International Faculty & Scholars Office is the office of record concerning all international scholars, with the exception of J-1 Exchange Visitors sponsored through the Division of Extended Studies' Exchange Visitor Program.  The International Faculty & Scholars Office represents UC San Diego in all regulatory matters concerning the nonimmigrant (temporary) and immigrant (permanent) visa status of international scholars and is exclusively authorized to represent UC San Diego in routine administrative filings with U.S. Department of Homeland Security's Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies.

 

•       Nonimmigrant (Temporary) Visa Status

 

The International Faculty & Scholars Office advises and assists University departments and international scholars, determines appropriate nonimmigrant (temporary) visa status, and prepares and files University-sponsored nonimmigrant petitions and applications in compliance with federal law, stated campus policy, and in collaboration with the hiring department on case-specific needs.

 

•       Immigrant (Permanent) Visa Status

 

The International Faculty & Scholars Office advises and assists University departments and international scholars, determines appropriate immigrant (permanent) visa status, and prepares and files University-sponsored immigrant petitions and applications.  In cases identified by the International Faculty & Scholars Office and after consultation with the Office of Campus Counsel, the International Faculty & Scholars Office may refer the preparation and submission of an immigrant or nonimmigrant petition to an outside attorney.  Those petitions will be prepared under the supervision of the International Faculty & Scholars Office and signed by the Director of the International Faculty & Scholars Office or their delegates.

 

B.    International Students & Programs Office

 

The International Students & Programs Office is responsible for ensuring that the University is in compliance with its legal and ethical responsibilities affecting international students in academic degree and non-degree programs, excluding those students sponsored by Division of Extended Studies.  Certified by U.S. Department of Homeland Security's Student and Exchange Visitor Program (SEVP), the International Students & Programs Office sponsors international students in F-1 and J-1 nonimmigrant (temporary) visa status and is the office of record concerning all international students, with the exception of international students sponsored through the Division of Extended Studies. The International Students & Programs Office has the sole authority to assist University departments and international students sponsored by it with respect to U.S. nonimmigrant (temporary) visa status.and is exclusively authorized to process on behalf of them routine administrative filings with U.S. Department of Homeland Security's Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. .  . 

 

C.    Division of Extended Studies

The Division of Extended Studies is responsible for ensuring that the University is in compliance with its legal and ethical responsibilities affecting both international students enrolled in its full-time English Language Institute, professional certificate, and non-degree programs, as well as all international faculty, academic researchers, and selected research staff sponsored through the Division of Extended Studies' Exchange Visitor program.  Certified by the U.S. Department of Homeland Security's Student and Exchange Visitor Program (SEVP), the Division of Extended Studies sponsors international students in F-1 and J-1 non-immigrant (temporary) visa status, and designated by the U.S. Department of State to sponsor Exchange Visitors in J-1 status, the Division of Extended Studies' is the office of record concerning all international students and scholars sponsored by it. The Division of Extended Studies' International Student Services has the sole authority to advise and assist the Division of Extended Studies' departments and international students regarding U.S. non-immigrant (temporary) visa issues pertaining to enrollment in the Division of Extended Studies' programs, and is exclusively authorized to process on behalf of them routine administrative filings with U.S. Department of Homeland Security's Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies..

 

D.    Hiring Department

 

The hiring department must provide timely, accurate, and complete information to the International Faculty & Scholars Office and ensure that international scholars are hired in accordance with regulations by USCIS, other relevant U.S. government agencies, and University policy.  Departments must maintain appropriate employment records that comply with applicable regulations and inform the International Faculty & Scholars Office of any material change in the scholar's employment status.  The department must pay any costs or fees incurred as part of the application process.

 

E.     International Students and Scholars

 

International students and scholars are responsible for complying with USCIS regulations and University policy as determined by their nonimmigrant or immigrant visa status.

 

VI.   REFERENCES AND RELATED POLICIES

 

PPM 395-13 Alien Information, 3/15/1993

GLACIER System

 

VII.  SUPPLEMENTS

 

•        Supplement I: Job Titles and Visa Selection Table

 

•        Supplement II: Visa Options for Temporary and Permanent Academic Teaching and Research Appointments at UC San Diego

 

VIII.REVISION HISTORY

 

2022/09/23 - The policy was reviewed as part of the 3 year policy review cycle. Updates were made for the addition of Division of Extended Studies. Minor updates were made to names, weblinks, and formatting.

 

2018/07/02 - Policy comprehensively reviewed. Updates made to align with University Extension role and Career Tracks.           

 

 

SUPPLEMENT I                                                                                            

JOB TITLES AND VISA SELECTION

Academic Titles

Paid

Teaching and Research

J-1

H-1B

PR

Acting Professor Series

N

Y

N

Adjunct Professor Series

Y

Y

 Y1

Professor Series

N

Y

Y

Professor In Residence Series

N

Y

 Y1

Visiting Adjunct Professor Series

Y

E

N

Visiting Professor Series

Y

E

N

Teaching

Lecturer with Security of Employment Series (Academic Senate)

N

Y

Y

Lecturer Series (Non-Senate)

Y

E

N

Research

Junior Specialist

Y

N

N

Postdoctoral Scholar-Employee

Y

E

N

Postdoctoral Scholar-Fellow

Y

N

N

Project Scientist Series

Y

E

 Y1

Research Scientist Series

Y

E

 Y1

Specialist Series (excluding Junior)

Y

E

N

Visiting Project Scientist Series

Y

E

N

Visiting Research Scientist Series

Y

E

N

 

Key:

Y

= Eligible

Y1

= Only with permanent appointment (intent)

E

= Exception only (must complete: https://ifso.ucsd.edu/_files/ifso/j_h1bcomparison.pdf)          

N

= Not eligible

 

 

Non-Paid

Research

J-1

H-1B

PR

Postdoctoral Scholar-Paid Direct

Y

N

N

Visiting Graduate Student

Y

N

N

Visiting Scholar

Y

N

N

 

Staff Titles

Paid

Research

J-1

H-1B

PR

Clinical Research Coordinator, Assistant Clinical Research Coordinator

Y

N

N

Clinical Research Coordinator, Senior

Y

Y

N

Research and Development Engineer, P 3-5, S 1-2, M 1-2

E1

E1

N

Bioinformatics, P 3

Y

Y

N

Bioinformatics, P 4-5, S 2, M 1

Y

Y

Y1

Computational and Data Science Research, P3

Y

Y

N

Computational and Data Science Research, P 4-5, S 2, M 1-3

Y

Y

Y1

Geographic Information Systems, P 3-4, S 2

Y

Y

N

Information Technology matrix, other titles, P 3 and above

N

E1

N

Staff Research Associate I and II

Y

N

N

Staff Research Associate III and up

Y

Y

N

Animal Care, P 3-5, S 1-2, M 1-3

N

Y

N

Field Researcher, P 3-4, S 1-2, M 1

Y

Y

N

Clinical Researcher Human Subjects, P 4-5, S 1-2, M 1-2

Y

Y

N

Lab Instruction Supervisor, S 1-2

Y

Y

N

Lab Research Supervisor, S 1-2

Y

Y

N

Survey Researcher, P 3-4, S 1-2, M 2

Y

Y

N

Academic or Research Program Manager, P 3-5, M 1-2

E2

E2

N

Research Data Analyst, P 3-5, S 2, M 1

Y

Y

N

 

Key:

Y

= Eligible

Y1

= Eligible with permanent intent and only through Employment-based first preference or National Interest Waiver pathways

E1

= Exception by Human Resources (only research-related positions)

E2

= Exception by Human Resources Compensation and Classification team (only research related positions) with approval by Visa Policy Committee

N

= Not eligible

 

 

Non-Paid

Research

J-1

H-1B

PR

Staff Volunteer

Y

N

N

 

Additional Titles in Health Sciences

Paid

J-1

H-1B

PR

Clinical Lab Scientist Series

N

Y

N

Clinical Lab Scientist, Specialist

N

Y

N

Clinical Lab Scientist, Manager

N

Y

N

Professor of Clinical “X” (e.g. Medicine) Series

N

Y

 Y1

Clinical Professor Series

N

Y

 Y1

Non-Physician Clinical Trainee

N

Y

N

Resident Physician (clinical) MD degree

ECFMG

E

N

Senior Clinical Fellow (clinical) MD degree

ECFMG

E

N

(Staff) Physician Series

N

Y

N

 

Key:

ECFMG

=

DS-2019 for J-1 status issued by Educational Commission for Foreign Medical Graduates

Y

=

Eligible

Y1

 

Y2

=

 

=

Only with permanent appointment (intent) verified by VCHS School of Medicine Dean's Office

Only with approval of Dean of Medical Education

E

=

Exception by VCHS Associate Dean of Medical Education

N

=

Not eligible

 

Non-Paid

J-1

H-1B

PR

Clinical Affiliate

Y2

N

N

 

 

 

 

Visa Options for Temporary and Permanent Academic Teaching and Research Appointments at UC San Diego

 

The following is intended as a general overview, not to answer specific questions or to provide specific guidance on any individual case.  When you have questions about the appropriate visa type for an individual, please contact the International Faculty & Scholars Office.  Each of the options below carries limitations which the International Faculty & Scholars Office advisors will explain.

 

Temporary Appointments

Visa/Status Options

U.S. Government Regulatory References

Job Titles

Short-term visitor without salary/compensation

For up to 9 days may receive an honorarium and/or reimbursement of expenses

 

 

B-1 and WB

INA § 101(a)(15)(B)

22 CFR § 41.31(b)(1)

        UCOP Payroll Coordination & Tax Services

 

Short-term guest lecturer, consultant, conference attendee, visiting scholar

Short-term visitor for up to 6 months may receive reimbursement and/or payment for services including salary

 

J-1 Short-Term Scholar

 

INA § 101(a) (15) (J); INA § 212(e); INA § 212(j)

22 CFR Part 62;  22 CFR §§ 41.61-41.63

Postdoctoral Scholar (Employee; Fellow; Paid-Direct)

Specialist Series

Research Scientist Series

Project Scientist Series)

Visiting Professor Series

Visiting Adjunct Professor Series

Visiting Scholar

Miscellaneous Academic, Visiting Graduate Student

Selected staff titles

Temporary hire for academic exchange, training, employment, or faculty appointment

 

F-1 Optional Practical Training

J-1 Academic Training

 

F-1: INA §101(a)(15)(F); 8 CFR § 214.2(f)

8 CFR § 214.3 ; 8 CFR § 214.4

J-1: INA § 101(a) (15) (J); INA § 212(e)

INA § 212(j)

22 CFR Part 62; 22 CFR §§ 41.61-41.63

Postdoctoral Scholar-Employee

Specialist Series

Research Scientist Series

Project Scientist Series

Professor Series

Adjunct Professor Series

Visiting Scholar

Selected staff titles

Temporary hire for academic exchange, training, employment, or faculty appointment

 

J-1 Research Scholar/Professor

 

J-1: INA § 101(a) (15) (J); INA § 212(e); INA § 212(j)

22 CFR Part 62; 22 CFR §§ 41.61-41.63

Postdoctoral Scholar (Employee; Fellow; Paid-Direct)

Specialist Series

Research Scientist Series

Project Scientist Series

Visiting Professor Series

Visiting Adjunct Professor Series

Visiting Scholar

Selected staff titles

         

Temporary Appointments

Visa/Status Options

U.S. Government Regulatory References

Job Titles

Faculty or temporary research appointment

 

H-1B Temporary Worker

O-1 Extraordinary Ability

 

H-1B: INA § 101(a)(15)(H)(i)(b); INA § 214(g) and (i);

INA § 212(n)

8 CFR § 214.2(h); 20 CFR § 655.700 - .800 et seq.

O-1: INA § 101(a)(15)(O)

8 CFR § 214.2(o)

 

Postdoctoral Scholar-Employee

Specialist Series

Research Scientist Series

Project Scientist Series

Professor Series

Adjunct Professor Series

Selected staff titles

Temporary research appointment

TN (Canadian and Mexican Citizens only)

INA § 214(e)(2)

8 CFR § 214.6

 

Postdoctoral Scholar-Employee

Specialist Series

Research Scientist Series

Project Scientist Series

Selected staff titles

 

Permanent Appointments

Visa/Status Options

U.S. Government Regulatory References

Job Titles

Tenure-track or tenured faculty; permanent (intent) research appointment

Lawful Permanent Residence (“Green Card”)

INA § 203(b)(1)(B)

8 CFR § 204.5(i)(2)

8 CFR § 204.5(i)(3)(i) et seq

 

Professor series

Adjunct Professor Series

Research Scientist Series

Project Scientist Series