U.S. Immigration Policy
Purpose: To ensure compliance with U.S. Federal regulations governing the employment of non-U.S. citizens. This policy applies to all U.S. employees who are not U.S. citizens regardless of their employment status.
- Intuitive Surgical may employ or make offers of employment to non-U.S. citizens only when U.S. citizens of equal training, experience, and competence for the position are not available. Such a determination is made following a documented search and evaluation process in accordance with the Intuitive Surgical Recruitment Policy.
- Employment of non-U.S. citizens will only be authorized under the provisions of this policy and only when conditions and visa requirements established by Federal law are assured and documented.
- Under no circumstances may any employee of Intuitive Surgical knowingly employ, or contract employment with, an individual who does not possess valid employment authorization.
- No aspect of this policy shall be used as a basis for discrimination against any individual or group because of race, sex, age, color, religion, national origin, disability, or veteran status. Nor will this policy be the basis for circumventing equal employment opportunity laws, policies, and standard employment procedures.
- Intuitive Surgical requires employees to be represented by the company’s immigration attorney for all employment based immigration matters.
Nonimmigrant Visa Program:
- Any offer of employment to a non-U.S. citizen under a nonimmigrant visa program is subject to the terms and conditions of that specific program’s authorization.
- Intuitive Surgical may authorize the company’s immigration attorney to represent Intuitive Surgical in any nonimmigrant visa petition or application proceeding.
- Intuitive Surgical is responsible for the cost associated with nonimmigrant visa petitions and applications for the individual to whom an offer for employment is being made.
- Intuitive Surgical will pay all costs associated with securing nonimmigrant visa derivative status for the immediate family members of individuals to whom an offer of employment is being made or of existing employees for whom the company is filing an extension or change of status petition for employment purposes. This includes all related disbursement costs, such as government filing fees, credentials evaluations, translations, legal fees, among others.
Permanent Residence Program:
- Intuitive Surgical may pursue permanent residence for employees who have been employed for at least six (6) to twelve (12) months and who are in good standing with the company. If there is a legal reason that the company should pursue permanent residence on the employee’s behalf sooner, the company may accelerate the application process for permanent residence. This determination would be made atthe time of the employee’s hire.
- Intuitive Surgical may authorize the company’s immigration attorney to represent the company throughout all phases of the permanent residence process.
- Intuitive Surgical will pay all costs associated with obtaining employment-based permanent residence on behalf of employees and their dependents. This includes all related disbursement costs, such as government filing fees, advertising costs, legal fees, among others.
Potential tax obligations may arise for individuals who relinquish their U.S. Permanent Residence or terminate their U.S. citizenship. U.S. legislation introduced in 2008, imposes an exit tax charge on such individuals who meet specific qualifying criteria. Advance planning and seeking the advice of a tax expert is your personal responsibility. Intuitive Surgical takes no responsibility for the impact of Section 877, 877A, or 2801 as a result of sponsoring or assisting in the application for permanent residency status of any individual.