Threshold Immigration Status Decision
The strongly recommended and preferred path to bring a postdoc to UAB for the first time from overseas is via the J-1 Exchange Visitor program managed by UAB's Office of International Student and Scholar Services (ISSS),
If H-1B Sponsorship Will Initially Be Offered
If your postdoc is already in the US in H-1B status at another institution, or if, after strategy discussions with ISSS and assessment of department budget and long-term needs, you will be sponsoring the postdoc from abroad for H-1B work authorization here at UAB, please follow the H-1B hiring instructions on our website here. An IFSIS H-1B Immigration Advisor will send you the packet that must be completed before we can file an H-1B work authorization petition with USCIS. There will be a $960 USCIS filing fee and a potential additional $2,805 USCIS premium processing fee to obtain a decision within fifteen business days. All sponsoring departments in the HSOM MUST pay the additional $2805 premium processing fee per the Dean's policy.
Sponsoring departments in other schools may also be required to pay the $2805 premium processing fee to ensure a certain start date for their postdoc a) if the postdoc is coming to the US from abroad for the first time and/or b) if the department does not contact IFSIS early enough and provide documents to IFSIS in a timely manner--without premium processing, USCIS generally needs about four months to approve an H-1B petition, and it can take another month or longer for the postdoc to obtain the H-1B visa.
If your postdoc is already in the US in H-1B status and will be transferring to UAB from another institution, they can begin working for UAB as soon as USCIS receives UAB's H-1B petition and do not have to wait for a USCIS approval notice. They can work for up to 240 days while the petition is pending. If the petition is not approved by the end of the fifth month, IFSIS will require the department to pay the $2805 premium processing fee. Even if your postdoc is already in the US in H-1B status, if the hiring department is in the HSOM, the department still MUST pay the $2805 premium processing fee per the Dean's policy.
If Your J-1 Postdoc Is Nearing the End of Their Fifth Year of Training and Will Need H-1B Sponsorship
As a threshold matter, if your postdoc has completed their postdoc training, you will need to promote them to at least the Researcher V/Researcher Senior/Researcher Specialist position (or a faculty position) in order for them to be eligible for H-1B sponsorship at UAB.
The US Department of State indicates on the Form DS-2019 issued to all J-1 visa holders whether or not they are subject to the two-year home residence requirement [a box will be ticked concerning Section 212(e), and/or the postdoc's physical visa stamp will bear a notation reading "Subject to 212(e)"]. IFSIS cannot file an H-1B petition for continued work authorization after five years in J-1 status until a postdoc subject to 212(e) obtains a no-objection waiver from USCIS. This is a purely personal process between the postdoc, their home government, and the US Department of State. Neither ISSS nor IFSIS is involved. It is the postdoc's responsibility to keep an eye on their five-year timeline, stay in touch with their J-1 Immigration Advisor in ISSS to obtain a timely extension of their DS-2019 before their no-objection waiver is issued, and begin the waiver process early enough (at least a year in advance) to secure the waiver in time for IFSIS to be able to file an H-1B petition. The no-objection waiver process is transparent and well-trodden ground in immigration, and neither ISSS nor IFSIS is responsible for ensuring that a postdoc takes the appropriate steps, as the no-objection waiver process is not employer-sponsored. Many postdocs successfully obtain waivers on their own every year, and others may choose to retain their own attorney for assistance with the process if desired.
Postdocs who do not timely obtain a no-objection waiver before the DS-2019 expires must come off payroll while waiting for an H-1B petition to be approved. They cannot have access to university systems or labs and cannot "volunteer" to continue performing their work in the interim. If waiver issuance and subsequent H-1B approval will take longer than their 30-day J-1 "grace period" to remain in the US after the DS-2019 expires, then they may need to return to their home country and wait abroad until the waiver is issued, the H-1B petition is approved, and they obtain a new H-1B visa abroad to re-enter the US. IFSIS has no control over the J-1 waiver timeline. J-1 postdocs are responsible for completing the waiver process in a timely manner.
Permanent Residence Options for Postdocs
Postdoctoral positions are not considered "permanent" research positions by USCIS and therefore are not eligible for two typical employer-sponsored paths to permanent residence that IFSIS/UAB supports (EB-1B and EB-2 PERM). If a postdoc wishes to begin the US permanent residence process while still in training and before they hold a Researcher V/Researcher Senior/Researcher Specialist or faculty position, there are two options: EB-1A "Extraordinary Ability" and EB-2 NIW "National Interest Waiver." Neither of these paths require an employer to sponsor (i.e., complete USCIS forms or pay USCIS fees) the process--both can be self-sponsored by the postdocs themselves. Because these paths are not employer-sponsored, IFSIS does not support these processes in-house. The postdoc will need to retain an attorney of their choice to assist with the EB-1A or EB-2 NIW processes. After a postdoc obtains a Researcher V, Scientist I, or faculty position at UAB, IFSIS will be more than happy to discuss EB-1B or EB-2 PERM sponsorship with the PI.