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, IFSIS will send you an H-1B sponsorship packet for completion. USCIS generally needs about 4-6 months to approve an H-1B petition, and it can take another month or longer for the postdoc to obtain an H-1B visa at a US embassy or consulate abroad if this will be their first time coming to the US in H-1B status.
Postdocs who are already in the US in H-1B status and will be transferring to UAB from another institution 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 seventh month, the department must pay an additional $2805 premium processing fee to USCIS for adjudication within 15 business days to avoid a gap in employment.
J-1 Postdocs Nearing the End of the Fifth Year of Training Who Need H-1B Sponsorship to Remain at UAB
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 for these postdocs until they obtain 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 a J-1 Immigration Advisor in ISSS to obtain a timely extension of their DS-2019 before the 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 the EB-1B and EB-2 PERM employer-sponsored paths to permanent residence. A postdoc who wishes to begin the US permanent residence process while still in training and before holding a Researcher V/Researcher Senior/Researcher Specialist or faculty position has 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 postdoc. 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, the PI can contact IFSIS to discuss EB-1B sponsorship.