UCLA Office of the Vice Chancellor for Research

Dear Colleagues:

After consultation with various campus offices and research into federal policy, campus guidance about charging immigration visa application fees, legal fees associated with those applications, and internal visa processing recharges to contracts and grants was issued in October 2003.  This update supersedes and replaces the 2003 guidance.

Visa Application Fees

Under Federal costing policies immigration visa application costs  (regular but not expedited) for scientific and technical personnel (including faculty, postdoctoral scholars, other researchers, and specialized staff) needed for the conduct of specific research projects can be charged as direct costs to those specific contract and grant-supported projects under certain circumstances.

Unless prohibited under sponsor policy, charges for immigration visa applications may be charged to contracts and grants when justified.  These charges must be reasonable, necessary for the performance of the particular sponsor project(s), and consistently charged to the fund source(s) that supports the immigrant’s salary.  The need to hire someone with a particular expertise (i.e., demonstrated scientific need) for whom relocation and immigration expenses are necessary, rather than hiring someone who is already legally qualified to work in the United States must be well justified and documented.  Thorough justification and documentation is particularly important as some sponsors, especially federal agencies, may take a stringent view of the need to incur these costs. 

Outside Legal Services

Federal guidelines indicate that legal services related to visa applications are allowable as direct costs as long as they conform to the institution’s general pattern and reflect the institution’s consistent practices. 

Legal fees incurred by outside counsel hired by the University Office of General Counsel (OGC) may be charged to University-controlled funds including most contracts and grants, either when the Dashew Center for International Studies and Scholars or the School of Medicine (SOM), Office of International Medical Licenses and Visas confirm eligibility for UCLA sponsorship and determine that outside counsel is warranted.

UCLA Internal Visa Review/Processing Recharges

Recharge rates for visa services approved by the campus Policy Committee on Sales and Service Activities (POSSE) for the Dashew Center and the School of Medicine , are allowable as direct costs.

Costs

Immigration visa costs and related legal fees are subject to the same principles as all other allowable costs.  If an employee’s effort is devoted entirely to one project, all costs can be charged to that project.  However, if effort will be spread across multiple projects, costs should be distributed across those projects in proportion to the effort.

All allowable immigration visa and related legal fees should be charged to object code 3545.

These costs are typically classified as relocation costs.  Based on federal regulations, when relocation costs incurred incident to recruitment of a new employee have been allowed, and the newly hired employee resigns for reasons within his/her control within 12 months after hire, the institution must refund or credit such relocation costs to the sponsor.

The October 2003 campus guidance that indicated that National Science Foundation regulations capped professional and consultant services (including legal fees) at a rate equivalent to the Executive Schedule Level IV Federal pay scale is no longer applicable.  The NSF recently eliminated the cap on consultant payments.

UCLA Process for Initiating a Visa Application Process and Determining the Need for Outside Legal Assistance

• School of Medicine departments should initiate the process by contacting Julie Zamoyski in the Office of Medical Licensing and Visas in the School of Medicine (x57050).  All other campus units should contact Sylvia Ottemoeller at the Dashew Center (x51650).
• If outside legal assistance is warranted, Dashew Center or SOM staff will determine the academic unit’s willingness and ability to cover the costs, and the availability of funds.  When the campus unit is prepared to cover the cost of outside legal counsel, a letter signed by the Chair and/or Dean outlining and justifying the request, along with confirmation of the eligibility for UCLA sponsorship from the Dashew Center or the SOM, is forwarded to Rosina Becerra, Associate Vice Chancellor – Academic Diversity, for review and approval.
• Under University of California policy, only the Office of General Counsel (OGC) can hire outside legal counsel.
• As appropriate, the Dashew Center or the School of Medicine Dean’s Office will oversee the process by which campus units obtain the approval of Associate Vice Chancellor Becerra for payments to outside counsel.  OGC will be notified of institutional approval, the selection of the legal firm that will provide the services, and information about the source of funds to be used.  The legal firm will be given permission to proceed by the Dashew Center or the School of Medicine Dean’s Office.  OGC will pay the attorney’s bill, and then recharge those costs to the account designated by the campus unit.

Questions about the agency guidelines or restrictions imposed on specific contracts or grants should be directed to the appropriate Contract and Grant Officer or Grant Analyst in the campus Office of Contract and Grant Administration, or the appropriate Industry Contract Officer in the Office of Intellectual Property, before costs are incurred. 

Specific questions about visas should be directed either to Sylvia Ottemoeller at x51650, or Julie Zamoyski at x57050.  Please contact Ann Pollack, Assistant Vice Chancellor – Research at x40387 or apollack@resadmin.ucla.edu if you have questions about this guidance.

Sincerely,

Roberto Peccei
Vice Chancellor for Research