Employment Policies

• Employment Background Checks Policy
• Employee Classifications
• Probationary Period

The University of San Francisco is an equal opportunity institution of higher education. The University does not discriminate in employment, educational services, or academic programs on the basis of an individual's race, color, religion, religious creed, ancestry, national origin, age (except minors), sex, gender identity, gender expression, sexual orientation, marital status, medical condition (cancer-related and genetic-related) and disability, or any other basis prohibited by law. The University reasonably accommodates qualified individuals with disabilities under the law.

Human Resources coordinates this policy in relation to the recruiting, compensation, and benefits processes of the University. For inquiries concerning the application of Federal and State Laws and Regulations or to file a complaint regarding employment discrimination, please contact (415) 422-6707 or humanresources@usfca.edu. For information on how the University reviews, refers, and supports impacted parties around reports of bias incidents, please visit the Bias Education and Resource Team (BERT) web page.

USF is committed to making every reasonable effort to accommodate an employee’s temporary or permanent disability if the accommodation will allow the employee to perform the essential functions of a job. As required by federal and state law, USF will engage in the interactive process to determine if accommodations are necessary, reasonable, and feasible. Please note, USF will not grant accommodations that cause or require any of the following:

• Harm and/or direct threat to an individual in the workplace
• Undue hardship to the University
• Displacement of other employees
• Creation of a new position to accommodate a disability

All information concerning a job applicant’s or an employee’s medical history or medical conditions will be treated as confidential information, maintained in separate files from employee files, and disclosed only as permitted by law.

To request a workplace accommodation due to disability, employees should contact the Leave Manager at leaves@usfca.edu. Required documentation will be discussed. Additional information regarding accommodation requests is included in the Time Away from USF section of the employee handbook, including Accommodations Related to Pregnancy and Lactation Room Accommodation.

Complaints of discrimination due to disability are covered under the Anti-Harassment Policy.

The University of San Francisco is committed to providing equal employment opportunity and full participation accessibility for persons with disabilities. In compliance with The Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC), the University will not discriminate against individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions, and privileges of employment. Furthermore, USF policy prohibits qualified individuals with disabilities to be excluded from participation in or to be denied the benefits of any University-sponsored program or activity.

To arrange accommodations for University-related programs and activities, contact the office (i.e. Athletics, Alumni Relations, Events Management, Fromm Institute, etc.) responsible for arranging the activity or program. For accommodation requests, please refer to the Accommodations section of the employee handbook. Complaints of discrimination due to disability are covered under the Anti-Harassment Policy.

USF prohibits bringing a pet (a domestic animal kept for pleasure or companionship) to work or having a pet in USF controlled buildings and premises, with the exception of service animals providing Americans with Disabilities Act (ADA) reasonable accommodations for a person with disabilities. As established by the ADA, service animals may not be excluded from University facilities or activities, except as provided below. The ADA defines a service animal as:

"...any . . . animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals who are hearing impaired to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items."

Under the ADA, service animals are limited to dogs and miniature horses that meet specific criteria. A service animal must be specifically trained to perform a service function to work on campus for the benefit of an individual with a disability. If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or a training program. Companion or therapy animals are not considered service animals. Employees who wish to bring a companion or therapy animal to work must follow the reasonable accommodation request process as outlined in the Accommodations section of the Handbook. Service animals whose behavior poses a direct threat to the health or safety of others or is disruptive to the campus community may be excluded regardless of training or certification.

Responsibilities

Persons with Disabilities Using Service Animals on Campus

University visitors and employees (including those who reside in University Housing) who utilize a service animal must contact Human Resources’ Leave Manager at leaves@usfca.edu to complete the appropriate ADA accommodation documents. The service animal's owner/partner is at all times solely responsible for the cost of care, arrangements, any responsibilities connected to the well-being of a service animal, and any property damage caused by the service animal. Employees with off-campus internships, clinical labs, service-learning opportunities, or other University-related activities must abide by the service animal policy at the off-campus entity.

Requirements of service animals and their owners/partners on campus include:

• Animals must meet all public place requirements as mandated by state or local ordinances, including:
  • All animals need to be immunized against rabies and other diseases common to that type of animal
  • All vaccinations must be current o Animals must wear a rabies vaccination tag o All animals must be licensed per state law
  • Service animals must wear an owner identification tag (which includes the name and phone number of the owner) at all times
  • The owner/partner must follow local ordinances in cleaning up after the animal defecates; Individuals with disabilities who physically cannot clean up after their own service animal are not required to pick up and dispose of feces 
• Animals must be in good health
• Animals must be on a leash, harness, or another type of restraint at all times unless the owner/partner is unable to retain an animal on leash due to a disability
• The owner/partner must be in full control of the animal at all times; the care and supervision of the animal is solely the responsibility of the owner/partner
• The owner/partner must provide Human Resources with information as to what tasks the animal is trained to perform to assist the individual with a disability

The removal of service animals may be requested in certain situations, including if a service animal:

• Is unruly or disruptive (e.g., barking, running around, bringing attention to itself)
• Threatens the health or safety of another individual
• Displays signs of illness
• Is unclean, malodorous, and/or bedraggled

If improper behavior happens repeatedly or if owners/partners are non-compliant with requirements, they may be told not to bring the service animal into any facility until they take significant steps to mitigate violations.

Community Responsibilities

In an effort to provide a respectful and equitable environment for employees with service animals, fellow employees and others on campus should comply with the following:

• Allow a service animal to accompany the disabled owner/partner at all times and everywhere on campus except, where service animals are specifically prohibited
• Do not pet a service animal; petting a service animal when the animal is working distracts the animal from the task at hand
• Do not feed a service animal; the service animal may have specific dietary requirements
• Unusual food or food at an unexpected time may cause the animal to become ill or to be distracted
• Do not deliberately startle a service animal
• Do not separate or attempt to separate an owner/partner from their service animal

Areas Off-Limits to Service Animals

To ensure safety, there may be areas on the campus that are off-limits to service animals to ensure safety. Areas such as research laboratories, mechanical rooms, custodial closets, and areas that require protective clothing may be restricted. Final decisions regarding restricted areas will be made based on the nature of research or machinery and in the best interest of the animal. Exceptions to determinations may be made by the dean or their designee. The natural organisms carried by dogs and other animals may negatively affect the outcome of the research. At the same time, the chemicals and/or organisms used in the research may be harmful to service animals.

Grievances

Employees who are dissatisfied with a decision made concerning a service animal should follow the complaint procedures outlined in the Anti-Harassment Policy.

In compliance with federal law, the University only employs United States citizens or other individuals who have the legal right to work in the United States. On or before their first day of work, all employees must complete a Department of Homeland Security Form I-9 and provide proof of identity and eligibility to work in the United States.

If proof of eligibility is not provided within three business days from the first day of work, the University may terminate their employment. If they have previously worked at the University within the last three years, employees do not need to submit a new Form I-9, unless the Form I-9 is no longer valid. Employees must contact Human Resources to confirm if a new Form I-9 is needed. For more information, read the Form I-9 Policy (for USF hilltop and branch campuses), the Form I-9 Policy for Remote Hires, and the Visa Policy (for Foreign Nationals). 

The University of San Francisco will not employ minors to perform faculty or staff positions.

Employment at the university is also contingent upon the successful completion of a background check. Once a candidate has been identified for hire, the candidate will receive an email from HireRight on behalf of the University to complete a background check. The candidate must follow the instructions in the email from HireRight in order to initiate the background check process. For more information, please refer to the Employment Background Checks Policy.

Policy Statement

The United States Citizenship and Immigration Services (USCIS) requires employees to provide identification and proof of their authorization to work in the United States via the Form I-9. This Policy governs the completion, filing, retention, and disposal of the University of San Francisco (USF) Forms I-9 for all employees who work at the hilltop campus, downtown campus, or other branch campus locations. The Form I-9 for Remote Hires Policy should be referenced for employees who are unable to complete a Form I-9 at the aforementioned locations.

For more information about the detailed procedures regarding the implementation of this Policy, please contact Human Resources at humanresources@usfca.edu for more information.

Throughout the entirety of this Policy, “employees” refers to faculty and staff only, not student employees, unless otherwise noted. Human Resources processes and maintains Forms I-9 for faculty and staff; Student Employment processes and maintains Forms I-9 for student employees.

Reason for Policy

Because the USCIS requires employees to provide identification and proof of their authorization to work in the United States, employers must complete the Form I-9 to document and verify the identity and employment eligibility of each new employee to work in the United States, for both citizens and noncitizens hired after November 6, 1986.

Additionally, the Immigration and Nationality Act prohibits employers from discriminating against individuals based on their citizenship or immigration status or based on their national origin as gathered from the Form I-9 process. To this point, USF has created this Policy and specific Form I-9 procedures, and USF requires Form I-9 training to ensure that all employees handling Form I-9 verifications.

Who Should Read this Policy

Any employee who is responsible for receiving Forms I-9 from new and existing employees of USF including but not limited to: HR on hilltop campus, branch campuses, authorized representatives, members of the Leadership Team, Business Managers, and managers who supervise an employee with such responsibilities.

Policy Text

Who Must Complete the Form

All USF employees who began work after November 6, 1986 and anyone labelled “active” in USF’s human capital management (HCM) system must complete a Form I-9 with HR at hilltop campus, at a branch campus, or with an authorized representative. Student employees who began work after November 6, 1986 must complete a Form I-9 with Student Employment. Employees with start dates prior to November 6, 1986 are exempt from the requirement to submit a Form I-9.

Authorized Representatives

USF HR must approve, authorize, and train any USF representative acting in its behalf for processing Forms I-9. Specific schools and departments are not to secure an authorized representative without USF HR’s approval. USF HR may designate HR personnel from a college or university outside of California to be an authorized representative. The Department of Homeland Security (DHS) does not require the authorized representative to have specific agreements or other documentation for Form I-9 processing purposes. If an authorized representative fills out Forms I-9 on behalf of USF, USF is still liable for any violations in connection with the form or the verification process.

When completing the Form I-9, the authorized representative must physically examine each document presented by the employee to determine if it reasonably appears to be genuine and relates to the employee. Reviewing or examining documents via webcam is not permissible.

If the authorized representative refuses to complete a Form I-9, including providing a signature, another authorized representative will be selected. In rare occasions, USF will select a notary for this purpose. If selected, the notary public must act as an authorized representative of USF, not as a notary. The notary public must perform the same required actions as any other authorized representative. When acting as an authorized representative, a notary public should not provide a notary seal on the Form I-9. If a particular state’s law supersedes this USF policy, then the HR Director of Employment must be consulted. The new employee will pay fees associated with a notary.

Name and Misinformation Changes to a Form I-9

Employees are responsible for informing USF HR of any changes that may affect the information contained on their Form I-9. USF HR will update Forms I-9 to maintain accurate information. If an employee informs USF HR of a change, USF HR requires that employee present documentation to show the reason for the change or misinformation on their current Form I-9. Changes must be well-documented in this manner in case of a government audit of USF’s Forms I-9.

Retention, Termination, and Disposal

Employees’ completed Forms I-9 are retained in the I-9 active binder for as long as they work for USF. If an employee is terminated, the government requires USF to retain the Form I-9 for either three years after the date of hire or one year after the date of termination, whichever is later. USF retains the pages of the form on which the employee and employer enter data. Copies of documentation presented by the employee are also retained. As of January 2015, USF HR no longer retain copies of supporting documents that were presented. Unnecessary documentation is shredded on an annual basis.

Procedures

Completion of Form I-9 by HR on Hilltop Campus (San Francisco)

• Section 1, Employee Section: Employees are provided the Form I-9 in an automated new hire welcome email generated by the HCM system. Employees are to date, sign, and complete Section 1 of the Form I-9 by their first day of employment.
• Section 2, Employer section: Those at USF responsible for receiving new hire paperwork are to complete Section 2 of the Form I-9 by the third day of employment. Anyone receiving new hire paperwork, including Forms I-9 in particular, must be trained by HR.
• Section 3: This is completed by USF for employees who are (1) rehired or (2) require re-verification of employment authorization or (3) have a legal name change.
• Departments are not to make and/or keep photocopies of Forms I-9.

Completion of Form I-9 by Branch Campuses and Authorized Representatives

Branch campuses and representatives authorized by HR are responsible for the collection of new hire paperwork, including Forms I-9. Once the paperwork for a new employee is complete, the branch campuses and authorized representatives should:

• Inform HR that a faxed copy of all new hire paperwork is being sent by calling (415) 422-6707 or emailing humanresources@usfca.edu.
• Once HR has confirmed receipt of the fax, immediately mail original documents via certified mail, Fed Ex, or another traceable mail service, to:
  University of San Francisco
  ATTN: Human Resources
  Lone Mountain Main, Room 339
  2130 Fulton Street
  San Francisco, CA 94117

Branch Campuses and authorized representatives are required to participate in continuous Form I-9 training as directed by HR and often provided online by USCIS.

Related Information

Definitions

Visit the U.S. Citizenship and Immigration Services’ Glossary web page for a detailed list of words and definitions relevant to this policy.

Additional Contacts

N/A

Forms

Responsibilities

Please see Policy Text and Procedures sections.

FAQ

Visit the U.S. Citizenship and Immigration Services’ Form I-9 web page for frequently asked questions about the Form I-9.

Appendices

N/A

Policy Statement

All employees hired by the University of San Francisco (USF) who work in the United States must complete the Form I-9 and present eligibility documents to their employer in person on or before their first day of employment. However, not all USF employees physically work or reside near the USF main campus or branch campuses. Therefore, this Policy covers the procedures for processing, reviewing and recording Form I-9s and related documents for remote hire employees.

Reason for Policy

USF has adopted this policy to comply with federal law. The Immigration Reform and Control Act requires all United States employers to verify the employment eligibility and identity of all employees hired to work in the United States. To implement this law, employers are required to complete the Form I-9 (Employment Eligibility Verification Form) for all employees, including citizens of the United States. All new employees are required to present original, unexpired employment eligibility documents in person as described in the "List of Acceptable Documents" page of the Form I-9 instructions.

Who Should Read this Policy

Any employee who is responsible for hiring faculty and staff, especially those who will not be working or residing near the USF main campus or additional campus locations, as well as budget managers and supervisors.

Policy Text

The University may hire an employee who will not physically work or reside near the USF main campus or additional campus locations. Therefore, the remote hire employee will not be able to present employment eligibility documents to an office at USF for inspection. When hiring a remote hire employee, all USF departments must adhere to the following special procedures to comply with employment eligibility verification.

Procedures

1. The hiring department must contact Human Resources as soon as an employment offer is made to communicate that a remote hire employee will need special accommodations to have their eligibility for employment verified.
2. Human Resources will assist the hiring department in locating an authorized HR representative near the remote hire employee’s location to assist with completing the Form I-9.
3. The remote hire employee must contact the authorized HR representative to make an appointment to meet in person and complete the Form I-9 on or before their first day of employment.
4. During the meeting, the following steps must take place:
   a. The remote hire employee will present original, unexpired employment eligibility document(s) to the authorized HR representative.
   b. The authorized HR representative will inspect the document(s) and complete Section 2 of the Form I-9.
   c. The authorized HR representative will fax a copy of the Form I-9 and supporting documents, as well as mail the original, completed Form I-9 and copies of the identity documents via certified mail or FedEx, to Human Resources at USF.

Related Information

Definitions

Remote hire employee:  An employee hired by the University who does not physically work or reside near the USF main campus or additional campus locations.

Additional Contacts

N/A

Forms

Responsibilities

Please see Procedures section.

FAQ

Appendices

N/A

Policy Statement

In compliance with federal law, all employees of the University of San Francisco (the "University") must be citizens of the United States (U.S.), U.S. Nationals, Lawful Permanent Residents, Asylees, Refugees, or Temporary Residents under the 1986 amnesty program, or hold some other form of employment authorization. Prospective employees who cannot be classified within the aforementioned categories are Foreign Nationals and must apply for and obtain some form of authorization from U.S. immigration authorities in order to work at the University.

The University’s Visa Policy (the “Policy”) outlines the University’s support given to its current and prospective employees who are Foreign Nationals.

Reason for Policy

The federal government provides employment visa sponsorship provisions to help employers that cannot otherwise obtain needed business skills and abilities from the U.S. workforce. Positions that do not require a specialized skill set cannot receive visa sponsorship. Only positions requiring a minimum education of a bachelor’s degree or higher are eligible for visa sponsorship.

The process for sponsoring employment visas for Foreign Nationals is complex and sometimes lengthy. Success in obtaining approval for an employment visa is dependent upon the law, regulation, and procedures of the U.S. Citizenship and Immigration Services (USCIS). U.S. immigration laws are complex and change frequently. Thus, the University cannot guarantee the approval of a visa application (the “Visa Petition”). However, the University will support the application process for prospective employees who are Foreign Nationals as outlined in this Policy.

Furthermore, this Policy outlines the procedures to be followed should a University department (the “Sponsoring Department”) wish to employ a Foreign National, including instructions on obtaining the appropriate visas for such individuals.

Who Should Read this Policy

Current University employees with employment immigration visas, University visa candidates, managers who supervise current employees with visas, managers who may supervise visa candidates, members of the Leadership Team, Business Managers, and hiring managers. For assistance with J-1 Visas (Exchange Visitors) and F-1 Visas (Academic Students), please contact Associate Director Marcella DeProto at (415) 422-2193 or mjdeproto@usfca.edu in the Office of International Students and Scholars.

Policy Text

Human Resources is the initial point of contact for all employment visa sponsorships, except for those in the College of Arts and Sciences, and will coordinate all activities necessary for the submission of employment Visa Petitions to USCIS. Human Resources is also the liaison that coordinates between the Sponsoring Department, Visa Candidate, and the University’s immigration law firm. For assistance with employment visa sponsorships in the College of Arts and Sciences, please contact Brigid Torres at (415) 422-4895 or brtorres@usfca.edu.

Although it most frequently assists with H-1B and Permanent Workers Visa Petitions, Human Resources will consult with the University’s authorized immigration law firm regarding which Visa Petition is the most appropriate for each Visa Candidate. The following provides an outline for the sponsorship of H-1B and Permanent Workers visas, which are sponsored by the University most often.

H-1B Visa

The H-1B visa is a temporary, nonimmigrant visa that is signed and submitted by a U.S. employer on behalf of a Foreign National (i.e. the visa is employer-sponsored and employer-specific). Foreign Nationals cannot apply for an H-1B visa to allow them to work in the U.S., but rather, H1-B visas must be petitioned by employers for their entry. If Foreign Nationals are granted H-1B status, they are authorized to work only for the petitioning employer for up to six years (i.e. two cycles of three years). Sometimes the H1-B status period can be extended under certain circumstances.

The Department of Labor considers the costs related to filing an H-1B Visa Petition to be a business expense of the employer. As such, the Sponsoring Department at the University must pay the attorney fees as well as filing fees associated with an H-1B Visa Petition. The Foreign Worker shall not be required to pay any part of such fees or costs, either directly or through reimbursement.

When filing an H-1B Visa Petition, the Sponsoring Department must attest that it is paying the Required Wage Rate to ensure that the wage offered to the Foreign National does not fall below Prevailing or Actual wage guidelines.

If the Visa Candidate is not eligible for an H-1B visa but qualifies for another temporary, nonimmigrant visa, the Sponsoring Department will pay the attorney and filing fees associated with the other nonimmigrant visa application as required by the Department of Labor.

Visa Candidates can be asked to pay for legal fees that pertain to visas for their family member(s). Visa Candidates can also be asked to pay premium processing fees only if they wish to expedite the process and if the delay is not caused by a lack of planning on the part of the Sponsoring Department.

If Foreign Workers are terminated before the end of their period of authorized admission in H-1B status, the Sponsoring Department must inform Human Resources immediately. Human Resources will work with the University’s immigration law firm to revoke the H-1B visa. The Sponsoring Department is liable for the reasonable costs of return transportation, including a return plane ticket, of Foreign Workers to their last place of foreign residence. Neither the Sponsoring Department nor the University is liable for the costs of return transportation of foreign workers’ family members or belongings. The University is not obligated for costs of return transportation if the employment is terminated by the Foreign Worker.

H-1B Foreign Workers must be paid their regular salaries even during periods when the employer does not have work for them. Therefore, the University’s adjunct faculty are ineligible for H1-B visa sponsorship.

Permanent Workers Visa

The University may, but is under no obligation to, sponsor Foreign Workers for legal permanent residence in the U.S. The decision to provide University support for an application for permanent residence will be made on a case-by-case basis.

Foreign Workers may obtain permanent residence (i.e. a green card) through a Permanent Workers Visa if all USCIS requirements are met. At the University, candidates will only be eligible for sponsorship of a Permanent Workers Visa if they have been employed at the University for at least two consecutive years. USCIS requires that a specific period of recruitment on designated recruitment platforms be made to prove that the University made an effort to test the labor market to fill the position with a minimally qualified U.S. worker but was unsuccessful. Specifically, the University can file a Permanent Workers Visa Petition with USCIS upon showing that it satisfied labor certification requirements (i.e. PERM), including skills and education verification and recruitment.

In collaboration with the Sponsoring Department and the University’s immigration law firm, Human Resources will create the job posting on platforms designated by USCIS. Any University costs incurred above the allowance shall be paid in full by the Sponsoring Department.

All applicants who meet the job requirements stated in the recruitment text of the job posting must be interviewed. The Sponsoring Department is responsible for interviewing all qualified candidates. Under U.S. law, it is not permitted to reject U.S. workers who are capable of acquiring the skills necessary to perform the job within a reasonable period of on-the-job training. The Sponsoring Department must submit their interview notes to Human Resources for review by the University’s immigration law firm. If qualified applicants are not selected, the interview notes must state clearly why they were was not offered the position.

The Sponsoring Departments should contact Human Resources several months in advance of the candidate’s start date to allow for enough time to gather the required paperwork and to prepare the Permanent Workers Visa Petition to be submitted to USCIS. After filing for a Permanent Workers Visa Petition, it takes anywhere from three months to a year (or more) to receive a response from USCIS, not including the time it takes to gather the necessary information from the candidates. Other factors, such as the political relationship between the U.S. and the candidate’s country of origin, may lengthen the Permanent Workers Visa Petition process.

As required by federal regulation, the University’s immigration law firm attorney’s fees and costs directly associated with the filing of a PERM Labor Certification Application as part of the permanent residency process shall also be paid by the Sponsoring Department, and the candidate shall not be required to pay any part of such fees or costs, either directly or through reimbursement. It is recommended that the Sponsoring Department pay for the I-140 Visa Petition (i.e. the University’s Permanent Workers Visa Petition for current Foreign Workers who have been employed at the University for at least two years). Finally, it is also recommended that the Sponsoring Department pay for the I-485 application (i.e. Foreign Workers’ application for permanent residence-green card application), which may include an application for advance parole, allowing them to leave the country, and employment authorization, allowing them to work while waiting.

Procedures

Should a University’s hiring department wish to hire a Foreign National for an open position, it will act as a Sponsoring Department for the Visa Petition. The Sponsoring Department must decide if it wants to hire a Foreign National prior to starting the interview process for an open position. The coordinator from the Sponsoring Department should gather the following information to start the Visa Petition process:

• Written approval (via email to humanresources@usfca.edu) from the Vice President of the Sponsoring Department who must approve the visa sponsorship and agree to the payment of fees associated
• Job description and title of open position for which Visa Candidate is applying; job descriptions for staff positions must be graded by Human Resources, which takes about 3-5 days, and must be posted for the appropriate amount of time
• Visa Candidate’s potential start date for the open position
• Salary offered to Visa Candidate, which must meet the Department of Labor's Prevailing Wage determination; if the salary offered does not meet the government’s minimum salary requirement, an adjustment to the salary offered must be made
• Visa Candidate’s resume, which must include education history
• Visa Candidate’s current visa status, if any, and expiration date
• Visa Candidate’s current residence location
• Visa Candidate’s status in a Union(s)
• Identify if the Visa Petition is for the Visa Candidate only or if the Visa Candidate’s family member(s) require assistance with obtaining visas as well; the University is not obligated to pay fees associated with obtaining visas for family members

Once the aforementioned information has been gathered, the coordinator of the Sponsoring Department should contact Human Resources to request the sponsorship of a Visa Candidate. The coordinator must be available to support Human Resources and the Visa Candidate throughout the entire Visa Petition process, and the Visa Candidate must reply promptly to all requests for information needed in order to complete the Visa Petition.

Employment offers to Foreign Nationals from the University are contingent upon the approval of the Visa Petition by USCIS. The approval date of the visa will also need to take place by the agreed upon start date in order for the employment offer to be valid.

For more information about the specific procedures for the H1-B and Permanent Workers visas, please reference the Policy Text section of this Policy.

Extensions and Renewals of Nonimmigrant Visa Status

Some Foreign Workers at the University who are in Nonimmigrant Visa status may require an extension of their visa. In order to ensure the timely filing of an extension, it is the responsibility of the Foreign Worker at the University who holds the current visa and the Sponsoring Department to inform Human Resources of the need for an extension no less than six months prior to the visa’s expiration date.

Authorization

The University has no legal obligation to sponsor an employment visa. The University supports only Visa Petitions that it authorizes. Visa Petitions submitted without the approval of Human Resources are not binding. Privately-retained attorneys do not have authority to represent the University in these matters unless authorized by Human Resources on behalf of the University. All immigration documents filed by or on behalf of the University must be approved by Human Resources. Because a Visa Petition is signed and filed in the name of the University of San Francisco, the University must be assured of the professional competence and integrity of any attorney representing the University. Therefore, the University has the right to require the Sponsoring Department and the Visa Candidate to work with a lawyer/law firm of its choice. Ultimately, employment offers to Foreign Nationals from the University are contingent upon the approval of the visa by USCIS.

This Policy shall be in effect until it is changed, modified, revised, amended or terminated. The University may change, modify, revise, amend, or terminate this Policy at any time, for any reason, with or without prior notice.

The University’s agreement or willingness to sponsor any Foreign National for a temporary visa classification or for legal permanent residence is not a contract of employment and does not supersede any of the University’s policies, agreements, or handbooks relating to employment. In addition, any statement made by the University or any of its faculty or staff in support of any immigration-related application or petition shall not supersede or be a part of any employment-related evaluation, including evaluations for tenure, promotion, pay increases or new appointments.

Violations

Foreign Nationals/Foreign Workers

All Foreign Nationals must obtain permission to work legally in the United States. Each employment category for admission has different requirements, conditions and authorized periods of stay. If approved, Foreign Workers must adhere to the terms of their applications or petitions for admission and visa. Any violation can result in removal or denial of re-entry into the United States. All Foreign Workers must complete the Form I-9 hiring paperwork upon USCIS’s authorization of their visa. If Foreign Nationals’ employment visas are denied by the USCIS, they cannot provide documentation demonstrating eligibility for employment in the U.S., and therefore, employment offers made to the candidates by the University will be withdrawn.

In the event that the Foreign Worker has concealed or misrepresented any aspect of their immigration or work history, or is inadmissible or removable under federal immigration law, the University reserves the right to withhold sponsorship or support for the foreign worker and/or to request the withdrawal of any pending Petition or the revocation of any approved Petition.

Employers

Employers who violate the law (e.g. hiring Foreign Nationals without visas, employing Foreign Workers with expired visas, etc.) will be subject to civil fines, criminal penalties (when there is a pattern or practice of violations), debarment from government contracts, a court order requiring the payment of back pay to the individual discriminated against, and/or a court order requiring the employer to hire the individual discriminated against.

Related Information

Definitions

Visit the U.S. Citizenship and Immigration Services’ Glossary web page for a detailed list of words and definitions relevant to this policy.

Additional Contacts

N/A

Forms

N/A

Responsibilities

Please refer to the Policy Text and Procedures sections.

FAQ

N/A

Appendices

N/A

Policy Statement

The maximum number of work hours per week authorized for the University’s part-time employees, including adjunct faculty and part-time staff, is limited to the hours caps set forth in this Policy. These hours caps have been established in order to maximize the University’s financial resources and are in alignment with the University’s collective bargaining agreements and industry best practices. Additionally, this Policy covers the University’s procedures for reporting hours worked by part-time employees to be in compliance with the Affordable Care Act (ACA).

Departments are not permitted to deviate from the provisions of this Policy, including hours caps, unless an exception is approved in advance of the assignment.

Reason for Policy

This Policy includes the standards governing part-time employee assignments. The Policy complies with wage and hour laws administered by the U.S. Department of Labor and the State of California. It also complies with the Internal Revenue Code and applicable Treasury Regulations published in response to the Affordable Care Act (ACA).

Who Should Read this Policy

Members of the Leadership Team, any University employee who is hired to perform services on a part-time basis, and the supervisors and Business Managers who supervise such employees.

This Policy does not apply to part-time, temporary employees hired through the University’s external employment agency, HR Options. Such individuals, although working on behalf of the University, are employees of HR Options and are subject to the employment policies of that agency. An individual may not be employed simultaneously by HR Options and the University unless approved as an exception to this Policy. Refer to Hiring Temporary Staff at USF for more information.

Policy Text

Maximum hours caps for part-time employees differ depending on their primary job classification as follows:

• PHP Adjunct Faculty: Preferred Hiring Pool (PHP) adjunct faculty assignments are capped at 29.75 hours per week. The hours cap is based on 8 units for teaching, including preparation, grading, and office hours, and 9.75 hours for non-teaching duties such as syllabi development and tutoring.
• Non-PHP Adjunct Faculty: Non-PHP adjunct faculty assignments are capped at 27.5 hours per week. The hours cap is based on 8 units for teaching, including preparation, grading, and office hours, and 7.5 hours for non-teaching duties such as syllabi development and tutoring.
• Staff: Part-time staff assignments are capped at 27 hours per week (i.e., a 72% time FTE). The hours cap applies to both Fair Labor Standards Act (FLSA) exempt and non-exempt staff employees who have part-time assignments.

If a part-time employee has more than one job with the University, the combined assignments may not exceed the maximum hours cap for the employee’s classification.

The maximum number of hours that University student employees may be scheduled to work per week is subject to separate hours caps. Refer to the Student Employment Policy for more information.

Additional Pay

Any compensation received by a part-time employee in excess of their regular pay (i.e., the pay related to the employee’s primary job) is subject to the requirements contained in the Additional Pay Policy. Additional pay includes, but is not limited to, pay for non-teaching activities, out-of-classification assignments, work performed for another department, and stipends related to honorariums and certain non-earnings payments. Refer to the Additional Pay Policy for more information.

The hours of work, if any, associated with additional pay may not exceed the maximum hours cap for the employee’s classification when the hours are combined with the hours required for the employee to perform their primary job.

Procedures

Authorization

A request to exceed the maximum hours caps included in this Policy may be approved when necessitated by extenuating circumstances such as a temporary reduction in a department’s staffing or for other business reasons (e.g., a special project). For an adjunct faculty member, the request must be submitted in advance to the Provost and Vice President for Academic Affairs and the Associate Vice President, Human Resources, for their review and approval. For a part-time staff member, the request must be submitted in advance to the department’s Vice President and the Associate Vice President, Human Resources.

A request for an exception to this Policy must document the reasons necessitating the exception. If an exception is granted, the employee’s department may be assessed a higher fringe benefits rate on the wages paid to the employee.

Calculation of Teaching Hours

The number of work hours associated with an adjunct faculty member’s teaching assignment must be calculated by the department when the position is established in USF’s human capital management (HCM) system. For ACA reporting requirements only, the basis for calculating the hours of service per week is 2.5 hours for each unit taught (2.25 hours per unit for classroom teaching, including preparation and grading, plus .25 hours per unit for office hours). For example, 8 units of teaching is equivalent to 20 hours of work per week, per semester.

Any hours related to non-teaching activities or other additional pay must then be added to the adjunct’s teaching hours to determine the total hours per week required for the part-time assignment.

Reporting of Hours Worked

To comply with ACA reporting requirements, some employees must report their hours worked. Adjunct faculty with no additional pay assignments do not need to report their hours worked. The following reporting procedures apply to adjunct faculty with additional pay assignments and part-time staff, who must report their hours worked:

• Adjunct Faculty: Adjunct faculty must report actual hours worked when completing their timesheets for each additional pay assignment paid within that pay period. Hours reported do not affect pay and are used only for the collection of hours for ACA reporting requirements.
• Non-Exempt Staff: Part-time, non-exempt staff must report their total hours worked, in accordance with existing policy, when completing their timesheets.

Managers and supervisors are responsible for ensuring that an employee’s assignments do not cause the individual to exceed the hours cap for their position.

Documentation of Hours

The expected number of work hours for all adjunct faculty with additional pay assignments and part-time staff must be entered on the Electronic Personnel Action Form (EPAF) originated for the assignment. The total hours entered for the assignment must not exceed the maximum hours cap applicable to the position. The agreed to hours for the position should also be documented in the employee’s assignment letter or in other information provided to the employee describing the services to be performed.

Violations

A violation of any portion of this Policy may result in disciplinary action, up to and including termination of employment.

Related Information

Definitions

Additional Contacts

Forms

Responsibilities

Department/Business Manager

• Ensures that the total hours associated with a part-time assignment are recorded on the EPAF in accordance with this Policy.
• Ensures the part-time employees hired by the department do not work in excess of the maximum hours caps established for their positions.
• Ensures that part-time employees report their hours worked in compliance with this Policy.

Associate Vice President, Human Resources

• Reviews all departmental requests for an exception to the maximum hours caps set forth in this Policy.

Provost and Vice President for Academic Affairs

• Reviews departmental requests for an exception to the maximum hours caps applicable to adjunct faculty.

Vice President

• Reviews departmental requests for an exception to the maximum hours caps applicable to part-time staff.

President, Vice Presidents, Vice Provosts, and Deans

• Ensure that part-time employees working in their divisions are in compliance with this Policy.

FAQ

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Appendices

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