If You Need a J-1 Waiver
Generally, if you are in the US in J-1 immigration status, received financial support from your home country government or directly from a US government agency, are from a country or have a skill on the US Department of State's "skills list," or have completed any medical training in the US sponsored by ECFMG as an "alien physician," you must return to your home country for two years before you can change immigration status in the US from J-1 to H-1B, or become a permanent resident. This is known as the "two-year home residence requirement" or sometimes "212e."
The only way around this requirement is to request a waiver, which must be approved by both the US Department of State and US Citizenship and Immigration Services (USCIS) before an employer can file an H-1B work authorization petition on your behalf.
Interested Government Agency Waiver for J-1 Physicians Sponsored by ECFMG
If you are currently completing your medical training in the US in J-1 status sponsored by ECFMG, you are automatically subject to the 212e requirement. UAB/HSF will work with you to obtain an "interested government agency" (IGA) waiver of the two-year home residence requirement. We sponsor waivers through the Conrad/State 30 program (generally 4-8 per year), the Appalachian Regional Commission (ARC, unlimited and year-round), and the Southeast Crescent Regional Commission (unlimited and year-round, but for placement at physical work locations in Montgomery County ONLY). If you will be practicing in the field of primary care/family medicine, UAB/HSF can also sponsor waivers through the US Department of Health and Human Services (HHS).
All waiver applications are assembled, prepared, and filed by outside counsel — not the IFSIS office. IFSIS will work with your hiring department and outside counsel to identify the best waiver option for you according to timing and institutional need. Once a waiver program has been identified and you have signed an offer letter, you will work directly with outside counsel on the waiver process. IFSIS will work with you in parallel to collect documents needed for the H-1B process specifically and will file the UAB/HSF H-1B petitions for work authorization on your behalfafter the waiver is approved. We will provide a flowchart to help set expectations for the J-1 waiver process and invite you to a webinar on Zoom for questions specifically about the process. Physicians who are sponsored for a waiver will receive an email calendar invitation to the webinar in early March.
IGA waivers require physicians to commit to working in an underserved area or with an underserved medical population for a minimum of three years before applying to become a permanent resident. You cannot apply for more than one IGA waiver at the same time. Due to uncertain processing times with the various federal agencies, IFSIS strongly recommends that you extend your DS-2019 for boards by filing a request with ECFMG on their website to allow the waiver process the maximum time to conclude. Please consult your current institution's ECFMG Training Program Liaison (TPL) or ECFMG directly with questions about the DS-2019 extension process. IFSIS cannot assist.
If it appears that your waiver will not be approved in time to preserve the anticipated start date for your employment with UAB/HSF, and in consultation with your department about timelines, IFSIS can evaluate your CV for potential O-1 work authorization. O-1 sponsorship will be evaluated on a case-by-case basis and is not guaranteed. Read more about the O-1 process here: https://www.uab.edu/global/faculty-staff/international-faculty-staff/o-1-work-authorization.
Clinical Faculty Completing Third Year of J-1 Waiver Service Who Are Eligible for Permanent Residence
IFSIS strives to outline a permanent residence strategy for each clinical faculty member to be completed by the end of the third year of J-1 waiver service. This could be in the EB-2 PERM category (for those without a tenure-track appointment with UAB) or the EB-1B category (for those with a tenure-track appointment at UAB). IFSIS is acutely aware of the green card backlog in the EB-2 category for individuals born in China and India and welcomes questions about this policy. If your priority date will be current, a couple of months before completing your third year of J-1 waiver employment in H-1B status, begin planning to file your Form I-485 (personal application for permanent residence). You are not eligible to file a Form I-485 to apply for permanent residence unless you have BOTH an approved Form I-140 AND a current priority date in the Department of State's monthly visa bulletin. See the Permanent Residence section of our website athttps://www.uab.edu/global/faculty-staff/international-faculty-staff/permanent-residence for more information.
There are three important next steps to prepare for the permanent residence process:
- Review, obtain signatures, and be ready to email a waiver completion form to the federal agency that sponsored your J-1 waiver.
For waivers sponsored by the Delta Regional Authority (DRA), you will need to provide TWO forms downloadable from the DRA website here:
Completion Request Form: https://dra.gov/wp-content/uploads/2023/03/10._Physician_Compliance_Survey_Employee.pdf
Physician Compliance Closing Survey: https://dra.gov/wp-content/uploads/2023/03/11a._Physician_Compliance_Closing_Survey.pdf
If your J-1 waiver was sponsored by the Conrad State 30 program managed by the Alabama Office of Primary Care and Rural Health (formerly managed by the Alabama Department of Public Health), you will need to provide a waiver service completion form from the Conrad 30 website here: https://www.alabamapublichealth.gov/ruralhealth/assets/state-30-phys-status-rpt-07-10-2014-.2-fillable-form-.pdf
If your waiver was sponsored by the HHS, you do not need to complete any service or completion forms.
Please ask your department administrator the exact date of your three-year service (i.e., three years from the date you began working specifically for the waiver-sponsoring employer, which could be either UAB or HSF depending on your specific waiver situation).
Please consult outside counselfor all questions concerning waiver completion documents that must be submitted. Outside counsel must review all waiver service forms before you email them to the agency. Outside counsel handles all aspects of the waiver process. Please email outside counsel directly with questions about waiver forms. IFSIS cannot assist..
2. Review the I-485 Checklist carefully and assemble documents necessary for your personal green card application.
Email
3. Request a Form I-485 Supplement J from
Please email
Waiver for J-1 Research Scholars or Others Funded by Their Home Government
If you are currently in J-1 Research Scholar, Short-Term Scholar, Professor, Specialist, or other relevant J-1 category, you will need to consult the initial Form DS-2019 stamped by a US Consular Officer at your J-1 visa interview and the physical J-1 visa stamp placed into your passport to see if either or both of them are marked "subject to 212," "two-year home residency applies," or "Section 212e applies." If so, or if there is conflicting information between the DS-2019 and the visa, you have two options:
- write to the Department of State and request an advisory opinion asking them to clarify whether you are, in fact, subject to the two-year home residence requirement, or
- assume that USCIS will rely on the document indicating that you aresubject to 212e, cut your losses, and begin the process of applying for a "no objection" waiver of this requirement.
The no-objection waiver process requires you to obtain a letter from your home country government, submit it to the US Department of State, and wait for USCIS approval of the waiver. More information can be found on the Department of State website. IFSIS cannot assist with no-objection waiver applications, since they do not require express employer sponsorship and are a matter between you, your home country, and the US Department of State.
J-1 Immigration Advisors with the UAB Office of International Student and Scholar Services (
Other Types of Waivers
Some individuals will qualify for a waiver of the 212e requirement based on hardship to a US citizen or permanent resident spouse or child (a "hardship" waiver) or a credible fear of persecution if you had to return to your home country (a "persecution" waiver). IFSIS cannot assist with hardship and persecution waiver applications, since they do not require express employer sponsorship and are purely personal matters between you, your family, your home country, and the US Department of State. IFSIS strongly recommends that you consult your own immigration attorney to strategize about your chances of success in either of these two waiver categories.
Faculty and Staff FAQs
Immigration
- What is the difference between my “visa type” and my immigration status?
Visa
This is the stamp placed in your passport by the US embassy or consulate. This is simply a document that allows you to travel to the US. It does not allow you to work in the US.
At the airport or a land border crossing, a US Customs and Border Protection (CBP) immigration inspector will examine your visa stamp and your USCIS Form I-797 approval notice and will permit or deny your admission into the US.
Your visa can expire while you are in the US as long as you maintain valid immigration status.
You will need a valid visa if you intend to travel and re-enter the US and do not currently have a visa stamp matching your work authorization type (H-1B, O-1, E-3, etc.).
Immigration Status
Your immigration status is stated on your USCIS Form I-797 approval notice. The approval notice and your electronic Form I-94 allow you to remain in the US and work for a specific employer.
Your I-94 governs how long you can remain in the US. Your Form I-797 approval notice governs which employer you can work for and for how long. These are the documents that allow you to work.
See AlsoNational Visa Center (NVC) Processing Time: NVC Timeframes and How to Check NVC Case StatusUnderstanding the Timeline: How Long Does It Take to Get Green Card After Advance Parole?How long does it take for card approval after PD becomes current (EB1C - India) Immigration forums for visa, green card, visitors insurance, OCI and moreEfficient E-Filing & Expert Tips for H-1B PetitionsYour immigration status can change while you are in the US (from F-1 to H-1B, J-1 to O-1, etc.), and different immigration statuses have different rules. You are authorized to work only for the employer that sponsored your work authorization in a specific immigration status.
- Can employees in H-1B, O-1, TN, or E-3 immigration status enroll in classes or pursue a degree?
Yes! You can enroll either full-time or part-time (there are no immigration-based restrictions), but you must check with your supervisor first and ensure that your studies do not interfere with your ability to work full-time for UAB/HSF. You do not need to file any documents with USCIS or request any documents from IFSIS to enroll in classes. Please email UAB International Admissions at
This email address is being protected from spambots. You need JavaScript enabled to view it. for questions about enrolling in UAB programs. - I tried to enroll in classes at UAB, but BlazerNET says I have an immigration hold. What do I do?
Email
This email address is being protected from spambots. You need JavaScript enabled to view it. and attach a copy of your current valid immigration document (e.g., H-1B/O-1/E-3 approval notice, valid I-94 from most recent US entry, and/or valid DS-2019 (if you are a resident, fellow, or postdoc in J-1 status). - I have an advance parole card and would prefer not to have to apply for an H-1B visa again when I travel. Can I just return to the US using my card?
Yes, but you will no longer have H-1B status and the department will have to pay new USCIS filing fees to “reactivate” your underlying H-1B status. While employers are not strictly required to do this, it is university practice to keep employees’ underlying H-1B status active until a green card is received. UAB departments/divisions are not required to support reactivating H-1B status, so you and your supervisor must discuss whether you are comfortable remaining in the US after you return on advance parole solely as an adjustment of status applicant without underlying H-1B. In the (extremely unlikely) event your green card is ultimately denied, you would have to depart the US immediately if your underlying H-1B status was not still valid (and at that point UAB would then have to file an H-1B petition to bring you back).
- When can I apply for permanent residence?
If you seek permanent residence sponsorship in a category that requires express employer sponsorship, such as EB-1B or via the PERM process, your supervisor must contact
This email address is being protected from spambots. You need JavaScript enabled to view it. or attend weekly IFSIS Office Hours on Tuesday to discuss. Please review the extensive information on our website and bring any additional questions to Office Hours—details are provided in the weekly IFSIS e-newsletter.If you are clinical faculty who has received a J-1 waiver, you will not be able to file your personal green card application (Form I-485) until after you have completed your three years of J-1 waiver service. However, the process of securing an approved Form I-140 from your employer to get you on the green card path can begin prior to the end of your third year of waiver service, with department approval. Please consult the IFSIS permanent residence webpage for details.
- Can I hire an outside attorney to assist me with immigration issues?
An outside attorney can assemble and file an I-140 petition for you only in specific non-employment-based permanent residence categories, such as the EB-1A and EB-2 national interest waiver categories. They can represent you personally in these matters, but cannot represent UAB or HSF.
If you would like to use an outside attorney to help you gather evidence for an EB-1B petition (which MUST be sponsored directly by UAB), the attorney is welcome to prepare support letters. However, the attorney cannot draft Forms I-140 and/or I-907 for signature. IFSIS will prepare those forms and will assist with obtaining a check for USCIS filing fees. Additionally, your attorney MUST send all evidence and support letters collected in hard copy to the IFSIS office for review. IFSIS will add the USCIS forms and checks to the petition, review for completion and accuracy, and file the petition directly with USCIS. Your attorney cannot file the EB-1B petition directly with USCIS and cannot represent UAB by using Form G-28 (your attorney will know what this means). IFSIS must review and file all EB-1B petitions sponsored by UAB.
- Does the visa stamp in my passport need to be valid during my stay in the US?
No, the visa stamp in your passport is only your permission to enter the US. Your USCIS Form I-797 approval notice and most recent Form I-94 are your permission to remain in the US and work for a specific employer through a specific date. See above, question 1 ("What is the difference between my “visa type” and my immigration status?").
- When will IFSIS begin the process of extending my work authorization?
The earliest IFSIS can begin preparing an extension petition is six months before the expiration date on your current Form I-797 approval notice. Your department administrator will receive an automatic reminder from our LawLogix Edge database at the six-month mark, and IFSIS will follow up later with you directly when it is time for you to upload documents to the Edge portal. Extension petitions are rarely filed more than 2-3 months in advance of expiration. Please do not email IFSIS for continual updates. You and your department administrator will receive an automated email when IFSIS files the extension petition.
- What happens if my child is born in the US?
Your child will be a US citizen and receive all benefits and privileges afforded to US citizens. No petitions or paperwork need to be filed with USCIS if you have a US citizen child.
- What visa/immigration status will my spouse and children born outside the US need?
H-1B employees’ dependents will hold H-4 status, and O-1 employees’ dependents will hold O-3 status. If your spouse receives a job offer that qualifies for H-1B or O-1 status in its own right, then an employer can file a petition with USCIS for your spouse to obtain separate work authorization as an H-1B or O-1 employee.
Remember the distinction between a visa and immigration status in question 1, above. If your dependents are already inside the US in another immigration status (such as F-2, J-2, etc.), they will file their own personal applications to change status to H-4 or O-3 based on UAB/HSF’s H-1B or O-1 petition for you. IFSIS can provide a helpful checklist, and your dependents can file their applications online. However, IFSIS cannot advise on how to complete and file Form I-539 applications for dependents.
If your dependents are outside of the US and will be coming to the US for the first time along with you, or if they have recently changed immigration status and need to travel outside the US, they can complete Form DS-160 online and complete a visa application by presenting a copy of your official H-1B or O-3 approval notice at their visa interview (or uploaded to embassy/consulate website). Your dependents will need a US visa stamp that matches their current immigration status if they change status within the US and then travel abroad.
See the Dependents section of our website.
- My dependent’s I-539 application to change or extend immigration status is taking forever. What can they do?
Your dependent can always leave the US and apply for a new visa abroad based on your USCIS Form I-797 approval notice. You will not receive a refund from USCIS if your dependent leaves the US while their I-539 application is pending. It is sometimes faster for a dependent to travel abroad and re-enter the US on a new visa to obtain a new immigration status than it is to wait inside the US for USCIS to approve the I-539 application. IFSIS cannot advise on dependent travel and I-539 issues and encourages you to consult your own immigration attorney with any family-based immigration questions.
- How do I apply for a US Social Security number (SSN)?
Employers can generally assign a temporary, employer-specific ID number that will allow you to be entered into various HR and onboarding systems for up to 90 days while you wait for an official SSN.
However, you MUST follow the steps below and apply for an official SSN as soon as possible after entering the US. It usually takes about 30 days for the card to arrive at your home address via US Mail. When the card arrives, you MUST notify your HR administrator so that important steps can be taken in Oracle and with your Form I-9.
Due to COVID, the Birmingham Social Security Administration (SSA) office has suspended drop-in/walk-in visits except for limited, "dire need" appointments. You cannot just go to the SSA office. Please follow the steps listed below.
- Call the SSA at (866) 592-3734 to speak to an SSA officer.
- Inform the officer that you are international employee and need to apply for an SSN.
- Inform the officer what type of immigration status you have (i.e., H-1B, O-1, E-3, TN, etc.).
- Inform the officer what type of immigration documents you can provide (i.e., Form I-797 approval notice for H-1B/O-1/E-3/TN, valid passport, Form I-94).
- Provide the officer with your contact information as requested.
- Wait 24-48 hours for the officer to contact you with the time and date for your in-person appointment. If the officer does not contact you within 24-48 hours, call again and repeat the same process listed above.
On the day of your confirmed in-person appointment, take the relevant documents listed above to the Social Security Administration (SSA) office, located at:
Social Security Administration
1200 Rev. Abraham Woods Jr. Blvd. North
Birmingham, AL 35285The office is open from 9:00 a.m. to 4:00 p.m. Monday, Tuesday, Thursday, and Friday and from 9:00 a.m. until noon on Wednesday. The parking entrance is on 12th Street. When you arrive, take a number from the computer in the lobby and wait for your number to appear on a screen in the waiting room. Bring your documents to the window number on the screen to speak to an SSA officer, who will review and return your documents.
If your application is accepted, it will take approximately three weeks to receive your Social Security card in the mail. If your application is rejected, ask for a supervisor. If a supervisor is unavailable, call IFSIS at (205) 934-3328 and ask the SSA officer to speak with a member of IFSIS staff. The SSA officer will not be able to tell you your Social Security number that day. You must wait for the paper card to arrive in the mail.
During non-COVID operations, you would need to gather the following documents and take them in person to the Social Security office in downtown Birmingham (address above):
- Do my dependents born outside the US also need a Social Security number (SSN)?
Only if they will be employed in the US. As of July 2022, H-4 spouses cannot obtain US work authorization unless the primary H-1B beneficiary has an approved Form I-140 placing them on the path to permanent residence. See above, question 3 ("When can I apply for permanent residence?").
Instead of an SSN, your dependents can apply for an ITIN for tax purposes so that you can “claim” them as dependents and take a deduction for US tax purposes with the IRS. If you have additional questions, please make an appointment with UAB's International Payment Compliance Specialist' and read the information on the IRS web page How do I apply for an ITIN? Your dependent generally must take the same relevant documents outlined above for an SSN application, but instead tell the SSA officer that they need to apply for an “ITIN for tax purposes” instead of an SSN and therefore need a “Social Security denial letter” confirming that they are not eligible for US work authorization.
IFSIS cannot advise on SSN applications. Please direct questions concerning the SSN application process to UAB's International Payment Compliance Specialist by emailing
This email address is being protected from spambots. You need JavaScript enabled to view it. .' - Can my dependents volunteer in the US?
“Volunteering” generally encompasses only activities like helping at a local animal rescue shelter, serving at a local food pantry, or picking vegetables for the farmers market (charitable activities for a non-profit organization). Your dependents cannot “volunteer” to do lab work or participate in UAB activities for which a US worker would otherwise be paid. UAB's Office of International Education must pre-approve any volunteer appointment at UAB. Your department administrator should contact
This email address is being protected from spambots. You need JavaScript enabled to view it. . for pre-approval before allowing any volunteer appointments or activities. - How do I apply for an Alabama driver license?
Please wait until you have received your SSN (see above, question 10, "How do I apply for a US Social Security number (SSN)?") before applying for an Alabama driver license. To learn how to apply and what documents to bring, please visit the Alabama Law Enforcement Agency (ALEA) website and carefully review the list of documents required to apply. The office is located at:
The office is located at:
908 Bankhead Highway
Birmingham, AL 35204Phone: (205) 252-7445
Hours: Open Monday through Friday from 8:00 to 11:00 a.m. AND 1:00 to 4:00 p,m,
If your dependents are not eligible for their own Social Security number (SSN) because they do not have US work authorization, they must obtain a “proof of denial” letter from the Social Security Administration in order to apply for a driver license or state non-driver ID. See question 11, above.
- Can I work part-time for another employer, accept money for speaking at conferences, receive consulting fees from a pharmaceutical or biotech company, or participate in a clinical trial for compensation?
H-1B, O-1, E-3, and TN employees are authorization to accept compensation ONLY from the employer named on their USCIS approval notice. If you wish to work for another employer, that employer must file its own, separate petition with USCIS on your behalf before you can begin working for them.
IFSIS cannot advise on the immigration or tax consequences of accepting money from entities other than UAB/HSF. If you have questions about accepting money for speaking, consulting, clinical trials, etc. please consult your own, personal immigration attorney and/or a licensed tax professional.
- I am considering a promotion, but I am about to file my I-485 application (or my I-485 application is already pending). Should I take the promotion?
The decision is entirely up to you. IFSIS cannot predict how or if any given job change will affect the I-485 process. Generally, there is no issue with the I-485 when the underlying job duties/area of research remains demonstrably the same as the job for which the I-140 was approved. It generally does not matter if you just change labs, change PIs, or receive a standard salary increase. Remember, USCIS will require your employer to provide a Form I-485 Supplement J verifying that you still intend to take the job approved in your I-140. IFSIS cannot advise further on this matter. Please feel free to consult an immigration attorney if you have additional questions.
UAB Procedures
- I am clinical faculty employed by both UAB and HSF. Why did I receive two emails telling me to complete Form I-9, and why do I have two USCIS receipt/approval notices?
You will receive two separate pay slips each month (one from UAB, another from HSF) and are employed by two separate entities with different tax IDs. Therefore, UAB and HSF each filed their own, separate work authorization petition for you so that you can be paid by both entities. You can use either USCIS approval notice to apply for a visa if you need a new visa stamp after traveling internationally (IFSIS recommends using the approval notice for the employer that pays the majority of your salary, but you can use either one).
You must pay attention to BOTH emails, complete Form I-9 TWICE with HSF Human Resources, and timely pick up BOTH sets of USCIS documents as instructed in the approval emails you receive from the LawLogix Edge database.
- I need to travel internationally. What documents do I need to bring?
It depends on whether you will need to apply for a new visa stamp before re-entering the US, or whether you already have a valid US visa stamp matching your current immigration status. Please review the IFSIS travel website.
- What is an ACT document?
An ACT document is a process in the Oracle Human Resources database that records information for UAB, such as your date of hire, immigration status, work authorization expiration date, salary, and other details. Your department administrator must submit various ACT documents to complete your hiring process and must update Oracle when you change immigration status. After you complete your Form I-9 as a new hire, your ACT document will continue its routing process, and once the ACT document is approved, you will have access to UAB email, Payroll, and other systems. Please direct all questions about ACT documents and the hiring/onboarding process to your department administrator, as IFSIS is not involved with Oracle.
- How do I create a BlazerID?
Once your ACT document is complete, it will generate an employee ID number, which you can use to create your BlazerID. Please consult your department administrator about this process, as IFSIS cannot assist with creating BlazerIDs.
- I am being promoted to a new position. Does my department need to amend my current H-1B petition?
It depends. H-1B petitions need to be amended only when there is a "material change," such as a salary increase of more than 10%, a substantial change in your job duties, and/or a change in your physical work location outside of Jefferson County. Also, your H-1B petition will need to be amended if you are changing from a postdoc position to a Researcher, Scientist, or Instructor position or from a resident/fellow position to an Instructor or Assistant Professor position. IFSIS will coordinate the amendment process with your department administrator and will let you know if we need any information. The amended petition must be filed with USCIS before the material change goes into effect.
- I'm a physician and have been offered an opportunity to moonlight. Can I do it?
Possibly. You first must submit a signed contract for moonlighting to your administrator, and you may also need to complete an external activity form. Your administrator can provide more information.
If you are in H-1B status, you must email
This email address is being protected from spambots. You need JavaScript enabled to view it. so that we can take the appropriate steps, including posting new notices for ten days at your moonlighting locations before you can begin working, if in the same metro area as approved on the current LCA filed on your behalf; we must file an amended petition with USCIS at your department's expense if the moonlighting location will be outside the county/metro area approved on the current LCA.If you are a resident or fellow in J-1 status: ECFMG expressly forbids moonlighting unless it can be objectively demonstrated that the additional work comprises an integral and required part of your codified training program. Moonlighting is not authorized simply for additional work done outside of what is required for the training program. ECFMG’s statement is here: https://www.ecfmg.org/evsp/evspemot.pdf. It is extremely unlikely that moonlighting would ever be authorized for a J-1 physician.
- My extension wasn't premium processed, and I want to travel for personal reasons to visit family and friends, attend a wedding, or get married. Will UAB pay the premium processing fee for me?
UAB departments are responsible for premium processing fees for extension petitions generally only when it is a business necessity in order to guarantee your continued work authorization by a certain date. Premium processing is not always required as a business expense. If you wish to have the extension petition premium processed for your personal international travel needs/wishes, be prepared to pay the $2,500 fee yourself in certain circ*mstances. IFSIS will not recommend that departments pay the premium processing fee for purely personal, non-business related travel matters.
Life in the US
You will encounter several institutional, state, and federal bureaucracies throughout your time at UAB. Please see below for pointers on navigating the most commone ones. IFSIS cannot assist with the processes described below but has provided contact information and relevant websites wherever possible to guide your inquiry.
Completing Form I-9 to Begin Working
UAB employees will receive an initial email from the Perfect Compliance/Guardian system asking you to log in and complete Section 1 of Form I-9 online. This can be done well in advance of your start date. However, you will generally not be able to complete Section 2 of Form I-9 until the USCIS approval (or receipt) notice for your work authorization is received. You will receive instructions on the I-9 process in the automated approval emails generated by the IFSIS LawLogix Edge database after the institution's work authorization petition on your behalf is approved. Please follow the instructions there to book an appointment with UAB's International Payment Compliance Specialist to pick up your government documents and complete Section 2 of I-9.
If you are dually-appointed by both UAB and HSF, you will need to complete two separate I-9s: one for UAB and the other for HSF.You will receive instructions on the I-9 process in the automated approval emails generated by the IFSIS LawLogix Edge database after the institution's work authorization petition on your behalf is approved. Please follow the instructions there to book an appointment with
Please do not email IFSIS to inquire about the I-9 process. We do not process I-9s. Direct all I-9 questions to
Applying for an Alabama Driver License
The location with staff most familiar with international documents for non-US citizens is theALEA Driver License Officelocated at 908 Bankhead Highway. You could also try the Shelby County office. Schedule an appointment online here first: https://alabamadl.alea.gov/_/#2under "Plan Your Visit" and choose either Foreign National New or Foreign National Renewal/Replacement. Appointments are not generally scheduled after 3:00 PM. Alabama allows a 60-day grace period for driving on out-of-state, international, or expired licenses. Take your USCIS Form I-797 Notice of Approval or Notice of Receipt, your most recent Form I-94, and any other relevant documents after reviewing the information to the license office at any time 30 days before or no later than 60 days after your license expires in order to renew it. The license office staff will expect to see an immigration document proving your authorization to remain in the US for at least 160 days. Do not try to renew your license by using an H-1B approval notice or I-94 that will expire within 160 days. It is more efficient to wait until your H-1B extension approval notice is available before renewing your license. Please review the Alabama Department of Public Safety website carefully and contact the license office directly with any questions. IFSIS cannot assist with driver license applications, the road test, or any other driver license matters.
PROBLEMS WITH THE SAVE SYSTEM: If you recently held F-1 status and were/are currently employed pursuant to OPT or STEM OPT, there is a decent chance that you will not be able to obtain an Alabama driver license until after the expiration date of your OPT/STEM OPT card. IFSIS has received multiple reports of glitches in the federal SAVE system that the Alabama Department of Public Safety uses to verify immigration status and eligibility for driver licenses. There is no "fix" for this glitch at the moment. Be prepared for a significant delay obtaining a driver license if you are changing status from F-1 to H-1B and your OPT card hasn't expired yet--even if the H-1B petition has been approved. This glitch can also occur if you have recently changed your immigration status from F-1 or J-1 to H-1B or received an extension of your H-1B status. Follow the steps below to help resolve SAVE issues between you and the license office. IFSIS will not be able to assist. The license office will not accept letters from IFSIS, your supervisor, or anyone else explaining your authorization to be in the US. The systems must be able to verify your immigration status internally based solely on official government documents. You must continue following up with the license office until the SAVE system has updated so that the office can issue your license.
If the license office official says they cannot issue a license on the day you apply, they will issue you a SAVE ticket/number. This number kicks off an effort to resolve system discrepancies on your case between the local and federal systems.Only get one SAVE ticket – do NOT get a second ticket. Getting a second ticket on a second visit to the license office lengthens the time it takes to fix the problem and complicates the process. Each ticket is resolved sequentially. Only one SAVE case number is necessary. Regularly check the SAVE system using your number. It will eventually say “returned to agency,” which means that your current immigration status has been verified. The license office should be able to issue your license at that point.
Applying for a Social Security Number
To apply for a Social Security number, please take your offer letter from UAB/HSF, your Form I-94, Form SS-5, and your passport to the Birmingham Social Security Administration building at 1200 Rev. Abraham Woods Jr. Blvd., Birmingham, AL 35285. Please email UAB's International Payment Compliance Specialist at
Updating Your Residential Address with USCIS When You Move
You must update USCIS with your new residential address within 10 days of any move. Do this by filing Form AR-11 online. Please also update your address in Oracle HR & Finance by logging in through UAB Admin Systems so that you continue to receive important mail from UAB. If you have any questions about how to update your address in Oracle, please contact your department administrator directly.
Applying for an Alabama Medical License and the Credentialing Process
The UAB Medical and Dental Staff Office (MDSO) processes the paperwork necessary for you to obtain permission to work as a physician in UAB and HSF clinical spaces. This process runs in parallel with the immigration process to the extent possible, but at the very least IFSIS must have proof that you have applied for an Alabama medical license before we can file a work authorization petition on your behalf. If you are coming to the US for the first time, you will not be able to receive an Alabama medical license until you arrive here and obtain a Social Security number. This is an Alabama rule, not a UAB, USCIS, or IFSIS rule. Please email the MDSO directly with any questions, as IFSIS is not involved in the licensing and credentialing processes:
Applying for Health Insurance and Other Employment Benefits
Employees generally have 30 days from their official date of hire to enroll in health insurance and other benefits. IFSIS is not involved in this process and cannot assist. If you are employed exclusively by UAB, or are dually-appointed clinical faculty and have questions specifically about UAB-provided benefits, email
Permanent Residence
UAB and affiliates routinely sponsor qualifying researchers, faculty, and clinical faculty for permanent residence. Depending on your CV, whether you have a tenure-track offer, and the department’s needs, you could be sponsored in either the EB-1B or EB-2/3 PERM category. Conversations about sponsorship are initially held between IFSIS and the sponsoring department, and IFSIS will not move forward without email confirmation of departmental support for permanent residence. IFSIS and the department will discuss the timing and category and determine a permanent residence strategy based on institutional need and prioritization. There is no minimum amount of time you have to be employed with UAB before the permanent residence process can begin--it depends entirely on when your supervisor is ready to move forward with the process for you.
The extensive information presented here has been developed over years of experience, is tailored to UAB/HSF processes, and will answer the vast majority of common questions. If you still have questions after reviewing this page, please drop in to IFSIS Office Hours on Zoom, held every Tuesday and Friday from 2-4 PM. During that time, the Executive Director will answer specific questions about the permanent residence process that are not answered elsewhere on this page. The link to Zoom office hours is listed in the weekly e-newsletter sent to all H-1B employees. Check your UAB/UABMC email. Zoom participants are admitted one at a time, so no one else will be present during your particular discussion.
What is a Form I-140, and why/when do I need one?
USCIS Form I-140 is essentially the employer's part of the permanent residence process. It secures you a place in line to become eligible to file your own separate, personal application for permanent residence via a different USCIS form, Form I-485. I-140s can be approved in different "preference categories." At UAB/HSF, these include the EB-1B (outstanding professor or researcher) and EB-2 (advanced degree professional) categories. An approved Form I-140 is not a green card. An approved I-140 does not, by itself, confer work authorization. An approved I-140 merely sets aside a green card for you at a future date. After your employer receives an approved Form I-140 on your behalf (unless you are waiting to complete three years of J-1 waiver service), you will be eligible to apply for permanent residence based on the "priority date" chart in the Department of State's monthly visa bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html. For employees born anywhere except India or China, the priority date is "current" in all I-140 preference categories, meaning that you can begin assembling materials to file your permanent residence applications immediately. Employees born in India or China who have an I-140 approved in a preference category other than EB-1 (such as EB-2) will not be eligible to file their permanent residence applications for many years based on the current backlog in the Department of State's visa bulletin in this category. However, any employee with an approved I-140 is eligible for continued extensions of their underlying H-1B work authorization beyond six years until a green card is finally received.
IFSIS processes permanent residence sponsorship requests in the order received and prioritizes requests for employees with the fewest years left in H-1B status. IFSIS cannot proceed with permanent residence sponsorship without written (email) support from your supervisor. Generally, IFSIS focuses exclusively on H-1B petitions from February through July and files prevailing wage requests to support EB-2 PERMs after the Department of Labor publishes its new wages every July 1. If you have questions, please review the extensive information below FIRST, then attend IFSIS Office Hours any Tuesday on Zoom between 3-5 PM. The link is provided in the weekly e-newsletter.
Which employment-based route is possible for me?
Non-Clinical Faculty, Scientists, Researcher V, and certain IT professionals
Individuals in these job roles can qualify for either the EB-1B or EB PERM routes depending on experience and achievement. EB-1B status is available to outstanding professors and researchers (and is not available for postdocs, which are still considered to be in a temporary/training role). If you satisfy the evidentiary requirements for EB-1B sponsorship, your employer can bypass the lengthy PERM labor certification process and you can become eligible to file your personal I-485 green card application much sooner. USCIS review of EB-1B petitions is highly subjective, and the petition requires a substantial amount of supporting evidence. Please refer to the document at the green button below for a detailed description of the EB-1B path to permanent residence, including time, cost, and evidence necessary. While a sponsoring employer (UAB) is required for the EB-1B process, success depends on your individual achievements.
Non-Clinical Faculty and Researchers EB-1B Factsheet (PDF) →
If your CV does not qualify for EB-1B at the time your department wishes to begin the permanent residence process, then IFSIS will work with your department to begin the EB-2 PERM route. Faculty offered positions at the Instructor level or above can qualify for permanent residence sponsorship in the EB-2 PERM category. If the recruitment that resulted in your hire meets Department of Labor criteria for EB-2 sponsorship, UAB can use a process referred to as “Special Handling.” If not, UAB may need to re-recruit for your position to test the US labor market and determine whether there are any more highly-qualified US workers available for the position. Employees who hold a job requiring at least a master’s degree as a minimum can also qualify for an I-140 immigrant worker petition in the EB-2 PERM category. This category requires UAB to file a request for a prevailing wage determination and conduct recruitment before filing the PERM. A flow chart describing the PERM process can be found here. The PERM process can take 12-14 months (Department of Labor processing times fluctuate and cannot be expedited), and all costs must be paid by the department. The employee cannot pay any costs necessary for the PERM process.
PERM flow chart non-clinical (PDF) →
Clinical faculty
Clinical faculty with a tenure-track appointment at UAB are eligible for either the EB-1B category or the EB-2 PERM category. Please refer to the document below for a detailed description of the EB-1B path to permanent residence, including time, cost, and evidence necessary. You are welcome to hire an attorney to help collect the necessary support letters and other evidence for an EB-1B petition. However, no attorney can submit a USCIS Form G-28 to represent UAB and affiliates, and no attorney can draft USCIS Forms I-140 or I-907 for UAB or affiliate signature.All materials gathered for an EB-1B petition must be submitted to and reviewed by IFSIS, which will prepare the USCIS forms, collect filing fee checks, obtain proper signatures, and ship the petition to USCIS via UPS or FedEx. If you or your attorney have any questions after reviewing the Factsheet below, please email
Clinical Faculty EB-1B Factsheet (PDF) →
Clinical faculty without a tenure-track offer from UAB, including clinical faculty who are appointed 100% with HSF, are not eligible for the EB-1B category and will be sponsored in the EB-2 PERM category. A flow chart describing the PERM process for physicians can be found here. HSF will be the employer sponsor of your EB-2 PERM.
PERM flow chart Clinical Faculty (PDF) →
What Do I Need to Do First/Next?
If you are in a role eligible for potential EB-1B sponsorship (i.e., if you are not in a postdoc or IT roleor if you have a tenure-track appointment at UAB):
- Review the Factsheet applicable to your situation above.
- Revise your CV to include every possibly relevant category of evidence described on the Factsheet.
- Email your revised CV to This email address is being protected from spambots. You need JavaScript enabled to view it. and request an EB-1B review.
- Bring additional questions to an IFSIS Zoom Office Hours session with our team on Tuesday or Friday afternoons. Links are provided in the weekly Journeyse-newsletter sent to all H-1B employees.
- IFSIS will begin the EB-1B process for you after securing written (email) confirmation of support from your supervisor.
If you are in a role eligible only for EB-2 PERM sponsorship (i.e., if you are in an IT or administrative position or are clinical faculty without a tenure-track appointment at UAB):
- Review the PERM flowchart relevant to you above to become familiar with the various steps and timing involved with the Department of Labor piece of the EB-2 PERM process.
- Discuss sponsorship with your supervisor. IFSIS will begin the PERM process for you after receiving written (email) confirmation of departmental/supervisor support at
This email address is being protected from spambots. You need JavaScript enabled to view it. . - IFSIS will work with your department to begin the PERM process and will let you know if we need any information from you directly at this time. It will likely be several months before we need anything from you individually.
Permanent Residence Paths Not Requiring Employer Sponsorship
The EB-1B and EB-2 PERM permanent residence routes require express employer sponsorship and support in form of filing documents with the Departments of Labor and Homeland Security and (in the PERM scenario) paying recruitment advertising fees. However, you may qualify for permanent residence in a number of other paths that do not require involvement by your employer or the Department of Labor. These include the EB-2 physician national interest waiver (EB-2 PNIW), national interest waiver (EB-2 NIW), and EB-1Acategories. Please feel free to pursue these routes on your own, or in consultation with an immigration attorney of your choosing. An EB-2 PNIW/NIW petition can be premium processed for a decision from USCIS within 45 days. Only oneapproved Form I-140 (in any eligibility category) is necessary to extend your underlying H-1B work authorization with UAB/HSF beyond six years, if that is an issue, and only one approved I-140 is necessary to establish a priority date for you to become eligible to file Form I-485 and apply for permanent residence. IFSIS does not and cannot advise on these routes, since they are not employer-sponsored. Information about the criteria for these routes can be found on the USCIS website.
Policy on use of outside attorneys
Institutional procedure requires IFSIS to review all employment-based petitions prior to filing with USCIS. You are welcome to hire an attorney to help collect the necessary support letters; however, no attorney can submit a USCIS Form G-28 to represent UAB or affiliates, and no attorney can draft USCIS Forms I-140 or I-907 for UAB or affiliate signature in the EB-1A, EB-2 NIW, or EB-2 PNIW categories. Again, these categories are individual, not employment-based, and no attorney can represent UAB or affiliates in the preparation of these categories of petitions. Please direct any questions (from you or your attorney) to
Family Members
Spouses and unmarried children under the age of 21 are eligible for dependent immigration status based on you as the primary immigration beneficiary. H-1B dependents hold H-4 status, O-1 dependents hold O-3 status, TN dependents hold TD status, and E-3 dependents hold E-3D status.
Coming to the US for the first time
If your dependents are outside the US, they do not need to file any application with USCIS and do not need their own USCIS approval notices in order to apply for their first visa to enter the US. However, they must complete and submit Form DS-160, and pay the necessary visa fees. Your dependents can then enter the US with their own visa and a copy of your USCIS approval notice. They will also need to provide marriage/birth certificates (with English translation). It is also helpful if you provide them with copies of your three most recent pay statements, and they must follow any special embassy- or consulate-specific instructions listed on the embassy/consulate website where they will apply for the visa. Please consult the embassy/consulate website for details.
Extending or changing status from inside the US
If your dependents are already inside the US, they must file an application with USCIS in order to change or extend their current immigration status. Your spouse must complete and file Form I-539, and your spouse must complete and sign (in black ink) a Form I-539A for all non-US citizen children age 14 or younger. Your non-US citizen child(ren) over the age of 14 should sign their own Form I-539A (in black ink). IFSIS will include dependent applications that you complete and provide to us when we file the institution's work authorization petition on your behalf as a courtesy, but IFSIS is not responsible for the content or accuracy of the information provided on dependent forms.
The current USCIS filing fee for a Form I-539 dependent application is $370. There is no separate filing fee for Form I-539A for children. USCIS accepts checks or money orders payable to “US Department of Homeland Security.” Do not use any other abbreviations. You can also file these applications online through the USCIS website's I-539 page.
Once the forms are accepted by USCIS, your dependents will receive a notice from USCIS at your home address. USCIS does not apply the premium processing rule to dependent applications filed with the primary petition. Do not expect your dependents’ applications to be approved within 15 calendar days, even if your own work authorization petition was premium processed. You can check USCIS processing times at the California Service Center online at any time.
Dependent Visa Application
Sometimes your dependent may need to apply for an H-4 visa at a different time than you apply for an H-1B visa. The Department of State has a complete copy of the H-1B petition filed on your behalf in its PIMS database, including Form I-129. IFSIS does not provide additional copies of Form I-129 or copies of the H-1B petition filed on your behalf.
For dependent visa applications, IFSIS recommends the following:
- Copy of Form I-797, USCIS Approval Notice for spouse’s most recent H-4 application
- Copy of USCIS receipt notice for any pending H-4 extension application your spouse has filed
- Copy of Form I-797, USCIS Approval Notice for your H-1B petition
- Copy of LCA (DOL Form ETA-9089) provided by IFSIS when you picked up your H-1B approval notice
- Spouse’s valid passport
- Your offer letter from UAB
- Your three most recent UAB pay statements printed from your Oracle Self-Service page (if concurrently employed with HSF, please also bring your three most recent HSF pay statements downloaded from the Lawson system) showing that you are financially supporting your dependent
- Marriage certificate
If you believe additional documents are required for your dependent's H-4 visa application, please email
Dependent Work Authorization
Generally, dependents are not allowed to work in the US and are ineligible for a Social Security Number (SSN). However, they can obtain an Individual Taxpayer Identification Number (ITIN) for health insurance and tax purposes. For information on applying for an ITIN, please book an appointment with our International Payment Compliance Specialist.
The one exception is for H-4 spouses: if, and ONLY if, you have an approved I-140 (such as for an EB-1B, EB-2, or EB-3 application filed by your employer), your H-4 spouse can file an application for an EAD card online at the USCIS website here: https://www.uscis.gov/i-765.
Driving in Alabama
Dependents can apply for an Alabama driver license. Your dependent does not need a letter from IFSIS in order to apply for a driver license. If your dependent is not employed, your dependent must obtain a “proof of denial” letter from the Social Security Administration in order to apply for a driver license or state ID. Your dependent should bring the following documents:
- Valid passport
- Most recent Form I-94
- USCIS approval notice (if your dependent changed or extended status inside the US)
- Original paper Social Security Card (not a copy), if employed
- “Proof of denial letter” if unemployed (see above)
- Credit/debit card or cash for driver license fee (currently $36.25)
- Cash or money order for the road test (currently $5)
- Birth certificate (not required, but helpful)
Studying and English Language Enrichment
Dependents can enroll in classes either part-time or full-time. For questions about in-state tuition, please visit and follow the instructions. UAB also offers English language classes through the English Language Programs and tutoring via the Learning Resource Center. More information is available athttps://www.uab.edu/global/english-language-programs. ISSS (
