Hiring and Visas

Questions? Contact the Office of Sponsored Programs and Research Integrity (exportcontrol@uccs.edu) for assistance with export control questions related to Hiring and Visas.

Hiring & Visas

UCCS relies on the Office of International Education (OIE) in Boulder to process the I-129 requests; with this in mind, OIE is the place to start once your department has decided on hiring an international employee using a specific visa type (H1b, O1, TN, E3). Most of the hires at UCCS in the past have used the H1b visa type.

General H1b information-http://www.colorado.edu/isss/hiring

General process:

  • The hiring department decides to hire a foreign national who needs a visa
  • The hiring department decides what visa type that should be used for the foreign national
  • If H1B or others listed above, the hiring department should contact ISSS office in Boulder (isssdirector@colorado.edu) before filling out any of the forms on the OIE website
    • ISSS will provide you the correct forms to use, and direct you to Mike Sanderson in the Office of Sponsored Programs and Research Integrity (OSPRI) at UCCS to process the export control certification required by Homeland Security
      • The export control certification process my take 1-2 weeks
      • OSPRI will return the form to the hiring department
      • It is best to start with the ISSS office in Boulder before requesting the Export Control certification from OSPRI
  • OSPRI will return the form to the hiring department o It is best to start with Tina before requesting the Export Control certification from OSP
  • The hiring department collects and sends all of the required information to ISSS in Boulder. Once they have the information they will start the process of filing paperwork with the Dept. of Labor (DOL), and when that is complete they will start the process of filing paperwork with Homeland Security
  •   Note- processing times on the petition is normally 2-4 months (currently 4 plus) The hiring department may want to pay additional fees to expedite the process (contact ISSS in Boulder for more information)
  • Once the ISSS in Boulder receives the approval they will contact the hiring department and the foreign hire
  • The hiring department may want to contact Human Resources (HR) to learn about any HR processes

 

UCCS I-129 H1B Form

UCCS I-129 H1B Form

 

Hiring & Visas FAQ

If you are sponsoring a potential employee for an H1B or O-1 visa, follow the process above.

We estimate that it will take our office 1-2 weeks to review the request after it has been submitted.

Yes, the department can go ahead and submit all other documentation for H-1B filing to OIE first. This will allow OIE to start on some other H1b related processes. Indicate on your paperwork that a UCCS I-129 H1B form has been submitted to OSPRI. Note that OIE will not be able to file the H1B petition without the Export Control determination from OSPRI about the need for a license.

Export control regulations have always required that foreign nationals be restricted from having access to export-controlled technology or technical data unless they have an export license or qualify for an exemption to the regulations. What is new is that the Department of Homeland Security is now requiring employers to make this determination as part of the visa application process, rather than waiting until the person is hired.

If the initial review determines that a license may be required, OSPRI will work with you to complete an application for the appropriate deemed export license. This may delay the potential start time of the employee.

Yes, it is required by the Department of Homeland Security when using the I-129 petition regardless of area of work. Penalties for violating export control laws can be very severe--potentially including hefty fines and jail time--so it is important that a formal analysis is conducted.

Not directly; the new certification requirement applies only to the process of applying for H-1B and O-1 (worker) visas. However, students are also covered by US export controls laws; if students receive or access export-controlled technology or technical data, they must be covered by either an export license or an exemption.