Out-of-State Domestic (U.S.) Work Arrangement Processes

Last Updated: July 16, 2024

 

With the changing needs of a diverse workforce, we recognize that units may need to hire and retain employees who will live and work within the U.S., but outside the state of Arizona.

However, the complexities and costs of complying with state and local laws and tax requirements are increasing. To continue to ensure we remain committed to our Arizona community and land-grant mission, requests for out-of-state work arrangements must meet the institutional guidelines on this page.

Subject to Request Process

Work location is outside of Arizona, or the hiring unit is willing to consider candidates who work outside of Arizona, AND EITHER:

  • The arrangement will last more than 8 weeks consecutive or cumulative within a calendar year, OR
  • The entirety of the employment arrangement will take place solely outside of Arizona (e.g. limited-term adjuncts)

Employees on University-Sponsored Visas 
Arizona employees on university-sponsored visas must receive additional approval from International Faculty and Scholars for any work arrangements outside of Arizona, regardless of the time the employee will be working outside of Arizona.

Not Subject to Request Process

The following scenarios are not subject to the review process:

  • Student worker or graduate assistants/associates.
  • University of Arizona Global Campus employees.
  • Employees who periodically travel on university-affiliated business but conduct most work in Arizona.
  • Travel out of state for sabbatical approved leave, or vacation.

Employees Working Outside the US

  • International arrangements have a different review and approval process. Visit the International Employment page.
  • University of Arizona Global Campus remain subject to the international arrangement review and approval process.

Request Process

If you receive a request for an out-of-state domestic work arrangement from a current employee or are considering recruiting someone located outside of the state of Arizona, you must follow this process before initiating an arrangement.

Determine if the potential out-of-state work arrangement requires the process approval defined on this page.

Supervisors should first obtain approval from their college or division leadership. As part of this process, units must work closely with Human Resources to ensure requests are reviewed and aligned with staffing plans.  

New Staffing Plan Process
Units must work closely with Human Resources to ensure requests are reviewed and aligned with staffing plan budgets that were approved by the Office of Budget and Planning.

Supervisors should first obtain approval from their college or division leadership. Once received, they should submit a request memo to their respective SVP.

The memo request should include as much information as possible to demonstrate the suitability for the arrangement, including the employee's name, title, department, and specific expertise, as well as the business rationale for the proposed arrangement and the expected length of time outside the state.

The SVP will review the request to determine if the arrangement aligns with the University's business needs and mission.

Once SVP approval has been obtained, submit the Out-of-State and International Employment Form to initiate the required compliance review, focusing on key compensation, payroll, and visa requirements.

You must await the compliance review results before you may move forward. The compliance review may reveal necessary changes, including adjustments to compensation level or exemption status, which could affect time-reporting requirements or budgets.

Submit Notification

For approved out-of-state domestic work arrangements, unit business offices must ensure that the employee’s business address in UAccess reflects the approved out-of-state location. Failure to maintain an accurate business address throughout employment can negatively affect exemption status, compensation, taxation, benefits leave, etc. Failure to maintain an accurate business address throughout employment can negatively affect exemption status, compensation, taxation, benefits, leave, and other aspects of the employment arrangement.

New Hire Addresses
For a new employee working outside of Arizona at the time of hire, the business address should be added during the New Hire Transaction Process.

Current Employee Addresses
For current employees moving outside of Arizona, the business address should be updated on the first day of work from the approved work location. If the unit receives notice that an employee has updated their out-of-state business address or intends to move outside of Arizona, you must ensure that the new location has been approved through the out-of-state request process.

Employees can update their own business address in UAccess through the following pathway:
UAccess > Employer/Manager Self-Service > UA Employee Main Homepage > Personal Information > Employee Details > Edit Business Address

Designated business managers or unit HR representatives with "MSS Personal Information - HR Department Approval" permission can also submit the business address change through an MSS Personal Information transaction.

The pathway to process a business address change in UAccess:
UAccess > Employee/Manager Self Service > Request MSS Transactions > People > Personal Info Change Request > Enter the emplid > Create a new request > Edit Address or Add Address Type of BUSN.

Review the Out-of-State Business Address Quick Reference for more information.

Job Postings

New job postings for work arrangements outside of Arizona may not be posted until you’ve received approval from your SVP and obtained the compliance review results.

In addition, all job postings for work arrangements outside of Arizona must include one of these location designations:

Outside Arizona

If the job posting/requisition has a designated location outside of Arizona, units should use the “Outside Arizona” designation and must provide details of the exact location in the address field.

TBD

If the job posting/requisition location is yet to be determined but may be outside of Arizona, units should use the “TBD” designation and include the following language in the Position Highlights: “Candidates working anywhere in the U.S. may be considered for a remote assignment." 

Job Posting Application Deadlines

Colorado legislation requires that job postings include an application review date. Positions expected to be based in Colorado or that have the possibility of being based in Colorado, such as a TBD-designated location, must contain the following language in bold within the 'Special Instructions to Applicants' section of the requisition:

"The application window is anticipated to close [insert date]."

If the application deadline needs to be updated, you can email talent@arizona.edu for support.

Colorado requires that the application deadline be kept up-to-date while the position is advertised. 

 

Offer Letters

Offer letters should not contain information regarding work location. You should communicate the terms of the out-of-state arrangement separately. Please be clear that arrangements are not guaranteed terms or conditions of employment and are subject to change for reasons such as, but not limited to, employee performance, needs of the team or unit, updated regulations and guideline revisions.

When you create an offer letter in the Talent Offer Letter Builder, you will be asked to include the location associated with the requisition. This location will not populate in your offer letter but will be used for data collection purposes.

Please Note: If a posting with a work location marked as “Arizona” receives an out-of-state candidate, and the hiring department wants to consider offering an out-of-state work arrangement, please follow the steps in the Request Process before initiating any offer.

Frequently Asked Questions

Arrangements made prior to June 29, 2023 that previously received Division of Human Resources approval may have a defined approval end date of one year or less from the arrangement start date. Units may now disregard this end date in cases where SVP approval did not specify a corresponding end date.

Arrangements remain subject to any end dates as provided by SVPs during approval.

No. The rules for international employment have not been changed at this time. Due to the complexity and cost of complying with country-specific laws and unique tax requirements, individual employees should not work from another country unless necessary for their position and role. However, out-of-state work arrangements related to strategic University partnerships, such as Arizona International microcampuses, are supported.

Recruitment and hiring decisions for student workers and graduate assistants are not managed by the Division of Human Resources. Individuals in these roles are expected to be working from the state of Arizona. In the exceptional cases when a student worker or graduate assistant/associate is working and living outside of Arizona, responsible units need to ensure accurate reporting of work location addresses.

The University does not currently have an Out-of-State Employment Agreement; however, the University's existing Flexible Work Agreement Template is available.

Do you need more assistance?

Connect with the Out-of-State Employment Team
Email: HR-outsideazwork@arizona.edu