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Hiring International Employees Sponsored by UAB/HSF

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. 

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 already 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 higher of either the wage paid to similarly-situated employees or the Department of Labor's prevailing wage. Researcher I, II, III, and IV titles at UAB are not eligible for H-1B sponsorship. Researcher V/Researcher Senior/Researcher Specialist are eligible.

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, how much H-1B time the employee has left, whether they hold a limited or full medical license, 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.

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 isss@uab.edu or hrmrecords@uab.edu for assistance with UAB employee I-9s and provideronboarding@uabmc.edu for assistance with HSF clinical faculty and resident/fellow I-9s. IFSIS does not manage the I-9 process. 

TN Work Authorization for Canadians and Mexicans

Overview:

DO NOT PROVIDE A SUPPORT LETTER TO ANYONE REQUESTING TN STATUS WITHOUT FIRST CONSULTING IFSIS. They do not "just need an offer letter" modified to fit whatever letter they received from a previous employer, and the UAB job offered must require a bachelor's degree at a minimum (e.g., Researcher I, II, III, and IV positions do NOT qualify). This immigration status is available to Canadian and Mexican citizens who will be working in a very narrow and specific set of jobs. 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.

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, despite the additional fees, given inconsistencies in port-of-entry adjudication by Customs and Border Protection officers. 

O-1 ‘Extraordinary Ability’ Work Authorization

Overview:

O-1 work authorization 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 ifsis@uab.edu for an evaluation of O-1 eligibility. O-1 status is initially valid for up to three years and can be renewed indefinitely in one-year increments. This is a very laborious and highly subjective process not to be used "lightly" merely because a J-1 waiver could not be secured timely or exhausted their six years of H-1B status before securing an approved I-140. USCIS is very aware when this category is being used as a "work around" for other immigration issues and will issue extreme requests for evidence in these instances. If your candidate did not receive a J-1 clinical waiver and is being sponsored for O-1 work authorization, they must EXIT the US, apply for an O-1 visa at a US embassy or consulate abroad, and re-enter the US in O-1 status before they can begin working, which can create additional uncertainty around a start date.

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, the department 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 similarly-situated employee/DOL prevailing wage criteria 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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