The hiring department at CSMC must initiate the H-1B application process on behalf of the candidate they wish to invite, and then provide (in coordination with the candidate) the required documentation to the Visa & International Services Administration (VISA) office in AHR. Furthermore, the department is required to pay a salary to the international employee and that salary must meet the "prevailing wage" as determined by the U.S. Department of Labor.
H-1B status is used at CSMC for certain faculty, academic and professional staff positions.
H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers.) Because the application process is lengthy and complex requesting a full-three year H-1B status (providing the intention is to retain the employee for that long) is recommended and advantageous.
All H-1B requests must be processed through the VISA office. Outside attorneys are not authorized to petition for H-1B status for any Cedars-Sinai employee without written consent from VISA.
The hiring department and the H-1B employee must maintain compliance with H-1B federal regulations during the course of the employee's employment at Cedars-Sinai. Such regulations require careful monitoring of salary, job title, job classification, job site and job duties. Any significant changes in any of these areas require AHR Visa & International Services Administration (VISA) to be notified. Failure to maintain compliance and update our internal documentation could result in serious penalties and fines should Cedars-Sinai Medical Center be audited by DOL or USCIS.
- The department must notify the VISA office if an employee will be transferring to a new department at CSMC, even if the job title and job duties will not change significantly.
- The department is required to notify the VISA office in advance of any employment changes related to employees in H-1B status. Such changes include changes in job site, job title, salary, job duties, or decrease/increase in work hours. Some changes require that the VISA office file an amended H-1B petition with the USCIS and, if so, the department is responsible for the fees associated with this filing.
- The department is required to notify the VISA office if it is determined that the employee's job will be terminated prior to the H-1B expiration date. As there is no lawful grace period for the H-1B employee after early termination of employment, termination carries serious implications for the H-1B employee’s immigration status. Advance notice of termination will allow employees in H-1B status to explore other job opportunities at CSMC or within the USA, or file a timely application for change to another permissible immigration status. The VISA office provides assistance to employees exiting CSMC and, to do so, must meet with such individuals well in advance of termination.
- The department is liable for the cost of return transportation to the H-1B employee’s home country or last permanent residence abroad if the employment is terminated before the end of the period specified on the H-1B visa. It is therefore important that hiring departments apply for H- 1B status for only the time period for which funding is guaranteed. Voluntary termination is exempt from this requirement.