-
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. To begin the process, the department administrator must log in to the LawLogix database after receiving a welcome email, complete the HR questionnaire in the database and upload all required documents.
The information requested in LawLogix 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 LawLogix database.
-
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 business days minus intervening federal holidays 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 time of year and IFSIS workflow, it can easily take 2-3 months to prepare the entire filing.
-
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.
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 $789.95 IFSIS processing fee (billed to HSF Accounting Unit quarterly) $460 USCIS Form I-129 filing fee $2,805 USCIS Form I-907 Premium Processing fee $2,805 USCIS Form I-907 Premium Processing fee Total: $3,765 Total: $3,265 Premium processing requires USCIS to adjudicate (i.e., approve, deny, or issue a request for evidence on) a petition within 15 business days minus intervening federal holidays. Per HSOM policy, HSOM hiring departments/divisions must pay the $2,805 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.
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.
-
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. To begin the process, the department administrator must log in to the LawLogix database after receiving a welcome email, complete the HR questionnaire in the database and upload all required documents.
The information requested in LawLogix 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 LawLogix database.
-
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 business days minus intervening federal holidays 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 time of year and IFSIS workflow, it can easily take 2-3 months to prepare the entire filing.
-
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.
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 $789.95 IFSIS processing fee (billed to HSF Accounting Unit quarterly) $460 USCIS Form I-129 filing fee $2,805 USCIS Form I-907 Premium Processing fee $2,805 USCIS Form I-907 Premium Processing fee Total: $3,765 Total: $3,265 Premium processing requires USCIS to adjudicate (i.e., approve, deny, or issue a request for evidence on) a petition within 15 business days minus intervening federal holidays. Per HSOM policy, HSOM hiring departments/divisions must pay the $2,805 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:
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.
-
Documents needed
- Offer letter from UAB
- Description of job duties/research project
-
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.
-
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, 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
-
Documents needed
- UAB/HSF offer letter or contract
- IFSIS packet
-
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.
-
How much will it cost?
- Initial O-1 petition for new hire or change of status: $530 USCIS filing fee for up to three years
- Extension O-1 petition for current employee: $530 each year after the end of the first three-year period
- $2,805 premium processing fee to obtain USCIS adjudication within 15 business days minus intervening federal holidays
- Additional $530 and $2805 fees for the concurrent O-1 petition if clinical faculty member who will be dually-appointed
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.
-
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 $2,805 USCIS premium processing fee for adjudication within 15 business days minus federal holidays (if required/desired)
-
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 within 15 business days minus federal holidays for an additional $2,805 fee (MANDATORY in HSOM).
-
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 business days minus federal holidays for an additional $2805 fee (MANDATORY in HSOM).
ACT Documents
All non-citizen ACT documents are routed through the Oracle workflow of UAB's International Payment Compliance Specialist, who analyzes whether an international tax determination is needed. Questions about the ACT document approval workflow should be directed to
No SSN Yet? DO NOT PUSH THE START DATE. Request a Temporary ID for Oracle Purposes.
If your international employee has just arrived in the US for the first time, or has been in the US for a while but never had a job before, they will likely need a temporary ID assigned by Financial Affairs so that you can create an ACT document. Please visit https://www.uab.edu/financialaffairs/forms/trainee-determination-checklist, complete the form there, and submit it along with requested attachments directly to
Form I-9 Completion
IFSIS plays no role in the I-9 process. All new employees--US or international--receive an initial email from the Perfect Compliance (Guardian) system during the Taleo process or from the Guardian POC from their unit with instructions to complete Section 1 of Form I-9. International employees will not be able to complete Section 2 of Form I-9 until USCIS issues the necessary employment authorization document (approval notice for new hires or those who changed immigration status, receipt notice for extensions, EAD card, etc.). International employees receive emails from the Welcome Client/LawLogix database when the necessary work authorization document arrives in the mail containing explicit instructions about how to schedule an appointment to pick up their document and complete Section 2 of Form I-9 with the appropriate UAB or HSF office.
Dually-appointed clinical faculty (and all clinical providers, such as Residents and Fellows) must email
"Visa Types" (more correctly, "immigration statuses") in Oracle
Non-citizens can have many types of work authorization (often incorrectly but colloquially called "visas"). A visa stamp in someone's passport never confers work authorization and never determines how long someone can remain in the US. A visa is basically a travel document that simply allows someone to request entry into the United States at an airport or land border. Please never use the start or end date of someone's visa as an indication of US work authorization, and do not put the visa's end date in Oracle. USCIS does NOT accept visas as an acceptable document for I-9 verification. View acceptable documents.
Individuals with US work authorization will have a separate document specifically conferring work authorization (usually a USCIS approval notice Form I-797 or an EAD "work card").
To complete an ACT document for a non-citizen appointment in Oracle, go to the "Person Data" tab, “Employment” sub-tab and click in the “Visa Type” drop-down field.
Please refer to the chart below to a) select what type of work authorization (incorrectly referred to in Oracle as a "Visa Type") the person has, and b) how to determine the end date of the person's work authorization (incorrectly labeled in Oracle as "Work Visa Expiration Date"). NEVER ENTER THE EXPIRATION DATE OF SOMEONE'S VISA STAMP IN THEIR PASSPORT, OR THE EXPIRATION DATE OF THE PASSPORT ITSELF. Neither of these dates have any meaning whatsoever for someone's "work authorization" in the US.
| Oracle “Visa Type” Option | Immigration Status/Work Authorization Description | What is the “Work Visa Expiration Date”? |
|---|---|---|
|
B-1 |
Visitor for business (cannot be paid salary or hold any type of appointment, can receive honorarium with appropriate documentation) |
Enter the date of their last expected affiliation with UAB/reason to be on campus; email |
|
B-2 |
Visitor for tourism (cannot be paid salary or hold any type of appointment, can receive honorarium with appropriate documentation) |
Enter the date of their last expected affiliation with UAB/reason to be on campus; email |
|
EAC |
This stands for “Employment Authorization Card,” more commonly called EAD (“Employment Authorization Document”). Several US immigration statuses use EADs as evidence of US work authorization. Individuals with the following immigration statuses must provide an EAD in order to be employed at UAB:
|
Enter the date in the “Card Expires” field in the bottom-left-hand corner of the EAD card; email |
|
F-1 |
Full-Time Student (can work on-campus up to 20 hours per week on the basis of their Form I-20 while still in school; if they have graduated, see “EAC” above re: OPT and STEM OPT employment). |
Enter the “Program End Date” located in the center of the third box (Program of Study section) of the Form I-20; email |
|
H-1 |
Temporary Non-immigrant Worker (Employee) |
Enter the end date listed in the “Valid to” line in the top right corner of employee's Form I-797, Notice of Action (USCIS approval notice); email |
|
J-1 |
Exchange Visitor (can work pursuant to Form DS-2019); if a former student who has graduated, can work with special annotation on Form DS-2019 called “Academic Training” |
Enter the “To” date found in Box 3 of Form DS-2019 (the “Form Covers Period” section); email |
|
O-1 |
Individual of Extraordinary Ability in the Arts or Sciences (Employee) |
Enter the end date listed in the “Valid to” line in the top right corner of their Form I-797, Notice of Action (USCIS approval notice) Or, if extension relying solely on receipt notice for 240 days: add one year from current expiration date; email |
| OUTUSA | Working, volunteering, or otherwise affiliated with UAB solely while OUTSIDE the United States | Enter the end anticipated end date of the affiliation with the university as stated on the individual's offer or appointment letter (NOT 31DEC4712) |
|
PR |
Permanent Resident (must have actual green card in hand) |
Enter 31DEC4712, since this is perpetual work authorization |
|
TN |
Treaty National under NAFTA (Canada and Mexico) |
Enter the end date listed in the “Valid from” section in the top right corner of their Form I-797, Notice of Action (USCIS approval notice), or the end date of their Form I-94; email |
|
USCZ |
US Citizen (do NOT use for permanent residents/green card holders) |
N/A |
|
VWB |
Visa Waiver Business (cannot be paid salary or hold any type of appointment, can receive honorarium with appropriate documentation) |
Enter the date of their last expected affiliation with UAB/reason to be on campus; email |
|
VWT |
Visa Waiver Tourism (cannot be paid salary or hold any type of appointment, can receive honorarium with appropriate documentation) |
Enter the date of their last expected affiliation with UAB/reason to be on campus; email |
|
WB1 |
Canadian Walkover for Business (cannot be paid salary or hold any type of appointment, can receive honorarium with appropriate documentation) |
Enter the date of their last expected affiliation with UAB/reason to be on campus; email |
|
WB2 |
Canadian Walkover for Tourism (cannot be paid salary or hold any type of appointment, can receive honorarium with appropriate documentation) |
Enter the date of their last expected affiliation with UAB/reason to be on campus; email |
|
XX |
Granted asylum in the US (can be employed on the basis of asylum approval or can present an asylum-based EAD) |
Enter the date in the “Card Expires” field in the bottom-left-hand corner of the person’s EAD card or email |
***Note: someone who enters the US to attend a conference or speak on the basis of the ESTA visa waiver program for certain countries does NOT have US work authorization. These individuals can receive an honorarium with appropriate documentation, but CANNOT be employed. Oracle does not have an option for ESTA; please select VWT for these individuals to assist with data review.
Oracle Tips for Volunteer, Out of US, Independent Contractor, and Consultant/Requisition Appointments
The “Work Visa Expiration Date” for anyone in these roles needs to be the end date of their anticipated affiliation with UAB--never the expiration date on a visa stamp in their passport, never the expiration date of the passport itself, and never the date 31DEC4712. Visa stamps and international passports never confer work authorization or the right to remain in the US and should not be treated as any sort of "Work Visa," and the 31DEC4712 date is reserved ONLY for individuals who hold a green card. Consult the offer/appointment/contract letter provided to the individual to find the end of the anticipated relationship with UAB, and ask the supervisor or faculty member who invited the individual to campus if you cannot tell from the letter.
Example 1: Bob is coming from Jupiter to speak at a UAB conference on interplanetary currency exchanges. He has an invitation letter stating that he will be on campus on June 7, 2025 and shows you a B visitor visa stamp in his passport valid through December 31, 2027. Enter "B-1" in the "Work Visa" field in Oracle and 07JUN2025 in the "Work Visa Expiration Date" field in Oracle. It doesn't matter how long his visa or passport are valid--his relationship with UAB will last only for one day, and he needs to appear on an Oracle expiration report after that day accordingly.
Example 2: Dr. Health is 100% funded/employed by HSF but needs a 60 Volunteer appointment to access UAB systems, libraries, and clinical spaces. She presents you with an H-1B approval notice valid through June 30, 2030 and has every intention of finishing her career with HSF/UAB and never leaving. Enter "H-1B" in the "Work Visa" field in Oracle and 30JUN2030 in the "Work Visa Expiration Date" field in Oracle. It doesn't matter how long she intends to remain affiliated with HSF/UAB--her immigration document is valid only through June 2030, and a new, valid immigration document will need to be provided then (and her Oracle record updated!) to continue the Volunteer appointment.
Example 3: Patty Postdoc will be working for UAB in Zambia and will never set foot on campus here in Birmingham. However, she visited New York in 2018 and submits a copy of a B visitor visa valid through October 31, 2028 with her new hire paperwork. Enter "OUTUSA" in the "Work Visa" field in Oracle (because she will be working exclusively outside the US) and the approximate end date on her postdoc appointment letter in the "Work Visa Expiration Date" field in Oracle. No immigration document is relevant here because she will not be working inside the US. Still, the "Work Visa Expiration Date" needs to reflect the anticipated end date of her relationship with the university.
Example 4: Dr. Teacher has been appointed to teach medical students in Tuscaloosa, but accreditation requires her to have a faculty appointment with UAB as well. She provides an H-1B approval notice valid through May 31, 2026 and a passport that expires in June 2032. Enter "H-1B" in the "Work Visa" field in Oracle and 31MAY2026 in the "Work Visa Expiration Date" field in Oracle.