International employees whose primary purpose in the US is not for a study (F-1) or exchange visitor program (J-1) and who do not have access to work authorization through independent means such as an EAD card need an employer to "sponsor" them for work authorization. Sponsorship requires the hiring department to pay fees and file a petition with US Citizenship and Immigration Services (USCIS, a branch of the Department of Homeland Security), supported by IFSIS. *Prospective hires in possession of a “work card” or “EAD” are discussed on the “Hiring International Employees with Work Authorization Independent of UAB/HSF” page.
The type of work authorization an employer can sponsor depends on a number of factors, including but not limited to the amount of time the prospective international hire has been in the US in H-1B status, minimum education required by the job offered, and passage of all three steps of the USMLE (if clinical). The most common types are outlined below.
H-1B Specialty Occupation Work Authorization
Overview:
H-1B work authorization is available to candidates who are offered a job in a "specialty occupation," which requires at least a bachelor’s degree in a related field as the minimum educational requirement. It does not matter simply that the candidate possesses a bachelor's (or higher) degree: the job itself must require a bachelor's degree at a minimum. The wage offered must meet or exceed the published wage determined by the Department of Labor (known as the "prevailing wage"). Researcher I, II, III, and IV titles at UAB are not eligible for H-1B sponsorship.
Employers can petition for up to six years of H-1B work authorization, in increments of up to three years. In other words, an employer can request H-1B status for one, two, or three years at a time depending on how long funding is expected, when the contract will be renewed, etc.
International employees who are the beneficiaries of an approved I-140 petition to begin the path to permanent residence are eligible for extensions of their underlying H-1B status beyond six years, if necessary, until a green card is issued. This is an important factor for international employees who were born in countries for which the Department of State has a very long "green card" backlog, such as India and China.
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Documents needed
There are two distinct regulatory phases in the H-1B petition process: first, obtaining a certified electronic Labor Condition Application (LCA) from the Department of Labor, and second preparing and mailing the petition on paper to USCIS in California. To begin the process, the department administrator must log in to the Edge database after receiving a welcome email, complete the HR questionnaire in the database and upload all required documents.
The information requested in Edge is critical to informing the DOL about the physical location(s) where the employee can be found working on a daily basis in the event of a site visit by the DOL, ICE I-9 auditors, and/or Homeland Security’s Fraud Detection and National Security unit (FDNS). IFSIS cannot begin the H-1B process until the department provides all information requested in the Edge database.
Every document and piece of information requested is necessary and relevant to IFSIS's ability to file an accurate and timely petition. Please provide complete information. Documents needed from the international employee will be requested separately in the Edge database.
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When can the employee begin working?
The actual Oracle start date depends on several factors, including a) whether the employee is currently outside the US and will need a visa appointment or b) is currently within the US and changing immigration status or coming to the institution from another employer. The earliest an H-1B petition can be filed is six months before the anticipated start date (if a new hire) or the expiration date (if an extension).
A minimum timeline for the entire H-1B process, depending on how quickly and accurately the necessary information is provided by both the department and the employee, is:
- 7 business days for the Department of Labor to electronically certify the LCA (cannot be expedited)
- 10 business days to finalize the H-1B forms and obtain necessary signatures
- 15 calendar days for USCIS adjudication with premium processing
- 3.5-5.5 months for USCIS adjudication without premium processing (NOTE: If the employee is currently in H-1B status with another employer and is “porting” that H-1B status to UAB/HSF, the employee can begin working with us as soon as USCIS receives the petition (we do not need to wait for an approval notice) and can work for up to 240 days while the petition is pending)
- 7-10 business days to receive the hard copy Approval Notice from USCIS via US Mail
Again, the above timeline is valid only to the extent IFSIS receives all information in a timely and complete manner. Depending on volume, it can easily take six weeks to two months to prepare the entire filing.
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How much will it cost?
A check request memo is included in the IFSIS packet you receive. H-1B anti-fraud and filing fees must be paid by the sponsoring department. As discussed below, you can ask the employee to pay the premium processing fee (except in the Heersink School of Medicine) under certain circumstances, if premium processing isn't required as a business necessity'.
Initial H-1B H-1B Extension HSF and Valley Petitions $500 USCIS anti-fraud fee $460 USCIS Form I-129 filing fee USCIS filing fees, plus additional $750 IFSIS processing fee (billed to HSF Accounting Unit quarterly) $460 USCIS Form I-129 filing fee $2,500 USCIS Form I-907 Premium Processing fee $2,500 USCIS Form I-907 Premium Processing fee Total: $3,460 Total: $2,960 Premium processing requires USCIS to adjudicate (i.e., approve, deny, or issue a request for evidence on) a petition within 15 calendar days. Per HSOM policy, HSOM hiring departments/divisions must pay the $2,500 premium processing fee. In other UAB schools, the department can discuss with the employee about who pays the premium processing fee under certain circumstances if premium processing isn't required as a business necessity'.
After the H-1B Petition is Filed and/or Approved:
IFSIS is responsible solely for filing the USCIS petition necessary to secure H-1B work authorization and does not play a role in subsequent HR and onboarding processes such as creating or amending ACT documents, ensuring I-9 completion, arranging housing, or ensuring that international employees attended Discover UAB or any departmental orientation sessions or trainings. When we receive a document essential to an HR process, such as a USCIS approval notice (for initial H-1B petitions) or receipt notice (for extension petitions) via US Mail, we immediately email it to the international employee and administrator from our Welcome Client database, along with explicit instructions for the international employee to take vital next steps with a different office that manages I-9 completion. IFSIS does not manage any part of the I-9 process. Please contact
TN Work Authorization for Canadians and Mexicans
Overview:
This immigration status is available only for certain Canadian and Mexican citizens. Please see this list for qualifying occupations. TN status is initially valid for up to three years and can be renewed indefinitely in one-year increments. PLEASE NOTE: physicians with patient care/clinical contact responsibilities are not eligible for TN status. Only physicians whose primary effort will be devoted to teaching and/or research can enter in TN status. Please contact IFSIS for an assessment.
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Documents needed
- Offer letter from UAB
- Description of job duties/research project
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When can the employee begin working?
Canadian citizens can present their UAB offer letter and a cover letter from IFSIS at any US port of entry and enter the US same-day without UAB having to file a formal petition with USCIS beforehand. They do not need a USCIS approval notice, an appointment at a US consulate or embassy in Canada, or an actual visa sticker in their passport.
Mexican citizens must apply for a TN visa at a US embassy or consulate in Mexico and receive approval before entering the US. Visa appointment wait times can be checked here.
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How much will it cost?
Nothing for the initial filing, unless you decide to reimburse the employee for the cost of any visa application fees after approval from UAB Financial Affairs. There are no USCIS filing fees associated with obtaining TN work authorization. When it is time to extend the employee’s TN work authorization, the department must pay the USCIS filing fee for Form I-129 (currently $460).
If you are hiring a Canadian TN and want to reduce the risk of denial at the US port of entry, you can also pay the filing fees to submit a petition with USCIS using Form I-129. Once approved, your employee can present the TN Approval Notice, along with proof of Canadian citizenship, at the port of entry. IFSIS strongly recommends obtaining a USCIS approval notice beforehand given inconsistencies in port-of-entry adjudication by Customs and Border Protection officers.
O-1 ‘Extraordinary Ability’ Work Authorization
Overview:
The O-1 visa category is reserved for individuals who are at the top of their field as evidenced by nationally- and internationally-recognized awards, publications, participation on review boards, membership in organizations requiring significant achievement, and employment in essential capacities for prestigious institutions, among other things. Please email the candidate's CV to
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Documents needed
- UAB/HSF offer letter or contract
- Check for $460 (current USCIS filing fee for Form I-129) and additional check for $2,500 (current USCIS filing fee for premium processing to get decision within 15 calendar days—must be paid by HSOM departments)
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When can the employee begin working?
If the employee is coming to the US from abroad for the first time, or changing status within the US from another immigration status to O-1, we must wait for the hard copy original USCIS approval notice to arrive in the mail so that Form I-9 can be completed. If the employee is already in the US working for another employer in O-1 status, the employee can start with UAB/HSF as soon as USCIS receives the petition(s) filed by IFSIS. That depends on how long it takes the employee to collect all necessary recommendation letters and supporting evidence, plus a week or so for IFSIS to draft the evidentiary summary letter and circulate for HR signature.
If you are hiring a dually-appointed clinical faculty member paid by both UAB and HSF, and it is their first time working for us/initial petition, the physician can complete Form I-9 for the first employer with the first USCIS approval notice but must wait for the second USCIS approval notice for the second/concurrent petition to arrive in the mail before completing Form I-9 for the second/concurrent employer. IFSIS liaises with Provider Onboarding to provide the approval notices as soon as they are available. The physician cannot complete Form I-9 solely on the basis of a USCIS receipt notice for the second/concurrent petition (as is possible with H-1B petitions). The second/concurrent USCIS approval notice must be in-hand.
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How much will it cost?
- Initial O-1 petition for new hire or change of status: $460 USCIS filing fee for up to three years
- Extension O-1 petition for current employee: $460 each year after the end of the first three-year period
- $2,500 for premium processing any petition to obtain a decision from USCIS within 15 calendar days
E-3 Work Authorization for Australians
This category is essentially an "H-1B for Australians" and applies to a specific allotment of 10,000 work authorization visas exclusively for Australian citizens. Employers do not have to file a petition with USCIS for initial E-3 status if the employee is currently located outside the US. However, you still must work with IFSIS to file an LCA with the Department of Labor outlining the minimum education and experience requirements, location, and wage. E-3 positions must meet the DOL's prevailing wage thresholds just like H-1B petitions. Work authorization in this category can be requested in increments of up to two years at a time and renewed indefinitely. Employers are required to file extension and change of status petitions with USCIS for Australians who are currently inside the US in E-3 or another immigration status.
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Documents needed
For initial entry into the US with E-3 work authorization:
- Certified LCA
- Signed offer letter from UAB/HSF
- Education evaluation for immigration purposes, confirming employee's international degree is the equivalent of at least a bachelor's degree in a field related to the position offered.
For extension to existing, or change of status within the US to, E-3 work authorization:
- All of the above, plus
- E-3 Extension Packet from IFSIS
- Checks for $460 USCIS filing fee and $2,500 USCIS premium processing fee (if required/desired)
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When can the employee begin working?
If the employee is coming to the US from abroad for the first time, no petition with USCIS is needed. The employee must schedule a visa appointment in their home country, obtain a visa, enter the US, and provide HR with a Form I-94 Arrival/Departure record in order to complete Section 2 of Form I-9 and begin working for the institution.
If the employee is already within the US and changing from another immigration status to E-3, UAB/HSF must file a petition with USCIS and wait for the hard copy original USCIS approval notice to arrive in the mail so that Form I-9 can be completed. If the employee is already in the US working for another employer and already holds E-3 status, UAB/HSF must also file a petition with USCIS to obtain work authorization with us. The employee can start working with UAB/HSF as soon as USCIS approves the change of employer petition(s) mails the official, hard copy approval notice to our office.
Timing in the latter two scenarios depends on how long it takes the employee to provide all supporting documentation, plus seven days for the Department of Labor to certify the LCA, another week or so for IFSIS to assemble the final petition and obtain institutional signature, and then however long USCIS needs to adjudicate the petition. USCIS processing times fluctuate but generally hover around 5-7 months. E-3 petitions can be premium processed with USCIS for an adjudication within 15 days for an additional $2,500 fee.
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How much will it cost?
- Initial E-3 application from abroad: Employers are not statutorily required to pay any visa application or issuance fees the employee incurs, and there are no USCIS filing fees associated with an initial E-3 application when the employee is entering the US from abroad for the first time.
- Change of status or extension within the US: Current USCIS filing fee is $460. E-3 extension and change of status petitions are eligible for premium processing to obtain a decision from USCIS within 15 calendar days for an additional $2,500 fee.