Employment of Temporary Workers and Trainers in H-1B Nonimmigrant Status

Administrative Rule
4.0300.12
Council: Administrative Services Council
Board Policy Reference: DC, Employment Practices
Effective date: 09/08/15

Value Statement

The Austin Community College District (“ACC”, or “the College”) is committed to providing access to employment opportunities for all individuals. In cases where it becomes necessary to employ a foreign national in a specialty occupation, the College will comply with all federal and state laws.

Administrative Rule

Austin Community College District may host a foreign national for education, employment or training purposes. A person admitted to the United States for such purposes must meet eligibility requirements of the Immigrant Reform and Control Act of 1986 (IRCA) and be approved to work or train in the United States.

Definition

An H-1B is a visa classification for a foreign national coming temporarily to the U.S. to perform services in a specialty occupation. A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires completion of a specific course of education culminating in a baccalaureate degree, or higher, in a specific occupational specialty.

Responsibilities

  1. The Austin Community College District is required to pay for the fraud fee, and associated filing fees as outlined in the United States Immigration Services H1-B guidelines. The Office of Human Resources shall coordinate the payment of fees. The recommended candidate may be required to pay all other fees and for legal services to process a petition for visa sponsorship or resident citizenship.
  2. The Executive Vice President must approve the supervisor’s request to obtain an H-1B visa for an individual or to assist an individual applying for resident citizenship.
  3. The Office of Human Resources will coordinate the process for the H-1B visa sponsorship or application for resident citizenship. Upon receiving administrative approval, the Office of Human Resources shall work with the applicant and Legal Counsel to secure approval of the application.
  4. The Office of Human Resources may consult with ACC’s legal representative whenever necessary. Application for resident citizenship must be approved by the Executive Vice President and the Chancellor.

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