Postdoctoral scholars requesting H-1B visa status must receive an approved policy exception from OPA. Requests for H-1B visa status for postdocs are reviewed monthly by a university review board. In the absence of compelling circumstances that support an H-1B request, the scholar is expected to be in J-1 visa status.
Can a postdoctoral scholar get a H-1B visa from Berkeley?
While most postdoctoral scholars are sponsored in J-1 Research Scholar status, the Berkeley campus, through the Berkeley International Office (BIO), will support applications from departments for postdoctoral scholars for H-1B visas if the request for H-1B is approved at the Deans level or Vice Chancellor for Research.
Can a postdoc apply for H-1B status on bio?
Academic units making requests for H-1B status for a postdoc should be mindful of the resource implications (and the legal burden) involved in petitions for an H-1B status, both on the department and on BIO. Employing departments must have the approval from the cognizant Dean to forward an H-1B request to BIO.
Can a postdoc bring a spouse on a J-1 visa?
Important: If a postdoc is bringing a spouse who intends to also be a postdoc, encourage them to each pursue their own J-1 visa to avoid problems when a J-2 spouse wishes to work as a postdoc. Sponsoring departments originate a J-1 request online (aka a DS-2019 request).
Can international students become postdocs in the US?
International postdocs are sponsored on J-1 visas. Prospective postdocs in the U.S. on student visas may be appointed as postdocs for the period of their EAD card validity during their post-completion F-1 OPT.
Are postdocs eligible for H-1B?
Postdoctoral scholars requesting H-1B visa status must receive an approved policy exception from OPA. Requests for H-1B visa status for postdocs are reviewed monthly by a university review board. In the absence of compelling circumstances that support an H-1B request, the scholar is expected to be in J-1 visa status.
Can a postdoc apply for green card?
Answer, If you are a PhD, PhD student, or a Postdoc, you can apply for a U.S. Green Card on your own, even without an U.S. employer sponsorship.
What Visa are postdocs on?
J-1 exchange visaThe most common types of visas for incoming postdoc employees are the J-1 exchange visa, the H1-B employee visa, or the OPT extension on the F-1 visa for postdocs who were graduate student in the United States and can continue on their student visa for the practical training period.
Can I stay in USA after postdoc?
Postdoc research is also one way for foreign nationals to satisfy their degree commitments while being able to remain in the United States. According to the National Foundation for American Policy, postdocs assist in critical research and also help drive innovation in our country.
Which is better j1 or H1B?
The H-1B visa offers the following advantages over a J-1 visa: H-1B status lasts for three years and can be extended for three more years. If you remain in the U.S. and work for the entire six years, you will be eligible to apply for a green card. The H-1B visa allows you to stay in the U.S. for longer than a J-1 visa.
Do US universities sponsor H1B?
Most universities in the U.S. do not have to adhere to H1B cap restrictions which mean that they can offer as many H1B visa sponsorships as they would like. This makes acquiring a job at a U.S. university a viable choice for anyone interested in working for a research or academic institution.
Can I do Fellowship on H1B visa?
It is also possible to apply for a fellowship with an H1b visa provided that the program lasts three years or less.
Can spouse of postdoc work in USA?
To expand on Brian Borchers comment: Under US immigration law, which hasn't been significantly updated since the 1960s, your spouse will not automatically have permission to work in the US. If they wish to work, they need separate permission, which may be hard to obtain.
How can I change my J-1 visa to H-1B?
How to Apply for a J1 to H1B Change of StatusFind an H1B Sponsor. Your H1B visa is dependent on a job offer from an employer who is willing to be your sponsor. ... Employer Submits Labor Conditions Approval (LCA) ... Employer Submits Form I-129. ... Applicant Completes Application at a US Embassy or Consulate.
Can researchers get green card?
Green Card Based on National Interest Waiver (EB2-NIW) As a result, a researcher can apply without a labor certification or employment offer from U.S employers. However, filling out this particular waiver requires an applicant to have either an advanced degree or outstanding ability in a scholarly field.
How many citation is needed for green card?
To summarize, the National Interest Waiver petition is an excellent choice for published post doc Researchers with a PhD, 5 or more publications and 10 or more citations to obtain permanent residence in the United States.
Can I extend my J-1 visa?
There are special extensions available for professors and research scholars who are on the J-1 visa program. After the initial three-month maximum duration period, eligible individuals can extend their stay for an added six months to complete their designated research or program.
Is it easy to get green card after PhD?
Getting a PhD green card is certainly not going to be easy – and in most cases, it can be a time-consuming process. Still, with the help of a lawyer and by gathering the right documentation, you should be able to legalize your stay in the US by making use of your PhD or research.
Can researchers get green card?
Green Card Based on National Interest Waiver (EB2-NIW) As a result, a researcher can apply without a labor certification or employment offer from U.S employers. However, filling out this particular waiver requires an applicant to have either an advanced degree or outstanding ability in a scholarly field.
Does PhD qualify for EB1?
With a PhD degree, you can file self-petition for U.S. Green Card in EB1 Extraordinary Ability category (EB-1A), or in EB2 National Interest Wavier (EB2-NIW), without U.S. employer to sponsor your Green Card application in these categories.
How can j1 visa get green card?
J-1 Waiver to Green Card Process. Technically, J-1 visa holders are not eligible for the U.S. green card. In order to obtain a J-1 visa, you need to demonstrate that you have ties to your home country (such as family or assets) and that you fully intend to return once your J-1 stint has ended.
What is a postdoctoral scholar?
The postdoctoral scholar is responsible for verifying to his or her sponsoring unit (School, department, or research entity) that the terms of their fellowship award do not preclude employee status or stipulate that the award is "not for services rendered." This can be accomplished by providing a copy of the award letter. The postdoctoral scholar must also provide the sponsoring unit with a signed statement approving the withholding of income and FICA tax from his or her monthly pay. Postdoctoral scholars whose fellowships are paid directly to them must arrange with the funding agency to make payment to UCB instead.
Does UC Berkeley pay for postdoctoral fellowships?
The fellowship award is made to UC Berkeley, not directly to the postdoctoral scholar, and payment to the postdoc is made through the UCB payroll system.
Does Berkeley have a J-1?
While most postdoctoral scholars are sponsored in J-1 Research Scholar status, the Berke ley campus, through the Berkeley International Office (BIO), will support applications from departments for postdoctoral scholars for H-1B visas if the request for H-1B is approved at the Deans level or Vice Chancellor for Research.
Who is responsible for initiating and following through with H-1B petitions?
H-1B Process: Departments are responsible for initiating and following through with H-1B petitions.
What is evidence of the respective policy exception criteria above?
Evidence of the respective policy exception criteria above, such as a copy of H1B Approval Notice, copy of the I-485 receipt; marriage certificate to US citizen/PR; or EAD/STEM EAD card for the OPT period;
How are USCIS processing fees paid?
Processing fees are paid via department PTA. This fee neither determines nor predicts the outcome of the petition with USCIS, nor approval at the US embassy abroad, nor is it refunded if the scholar declines the postdoc offer.
Does Pavir need to be added to SEVIS?
All postdocs working at PAVIR need to have PAVIR added as a 2nd Site of Activity to their SEVIS records upon arrival to campus (this will need to be done through a J workflow request by the sponsoring Stanford department). A new DS-2019 form will be processed reflecting that this Site of Activity has been added.
Can a J-2 spouse work as a postdoc?
Important: If a postdoc is bringing a spouse who intends to also be a postdoc, encourage them to each pursue their own J-1 visa to avoid problems when a J-2 spouse wishes to work as a postdoc.
Where to find PAVIR's name on DS-2019?
PAVIR's name should be mentioned in the "Description of Program" field on the DS-2019 Initial (or Transfer) request.
Is a postdoc pending?
The postdoc has pending United States permanent residence as evidenced by an I-485 document (submit copy of I-485; I-140 receipt is NOT an accepted substitute); or
Green Cards for Postdoctoral Researcher Scholars: Easier to Obtain a Green Card on H-1B than on J-1?
Many postdocs working in the US as research scholars are here on the J-1 visa. The J-1 visa is a temporary visa classification, and it actually does not allow for dual intent.
A few other points for postdocs or research scholars considering permanent residence to consider
Sometimes J-1 visa holders are subject to a two year home residency requirement (212 (e)). There are J-1/212 (e) waivers available, but you should make sure that you have obtained the waiver or satisfied the requirement before filing the I-485 application for adjustment of status.
Overview
The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.
Key News
On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.
