Options for Post Docs

J-1 Research Scholar status is the UW’s recommended status for post degree trainee titles. The J-1 program allows individuals to conduct research, receive on-the-job training in their field of study, and build professional networks.

Advantages of J-1 status include:

• Individuals can obtain up to five years of work authorization in the U.S.
• There is no cost to the university.
• The university is not required to pay a minimum wage, in comparison to H-1B status.
• Sources of funding for the J-1 program can vary (i.e. self-financed, UW payroll, home government funding, etc.).
• An excellent strategy to extend the amount of work authorization in the U.S. if permanent residency (aka “green card” or “PR”) is a future goal.

The H-1B status is complex in nature, and obligates the University to stricter legal requirements, governmental oversight, and potential sanctions from the U.S. Department of Labor (DOL) for even minor violations. It requires extensive processing of paperwork that includes a prevailing wage evaluation, a certified Labor Condition Application from the DOL, and an approved H-1B petition from the United States Citizenship and Immigration Services (USCIS). It can take several months to obtain the necessary approvals. It is also more expensive with costs ranging from $960 to $3,765. The hiring unit is required to pay these fees.

The University may use the H-1B classification for some Postdegree Trainees that meet DOL and USCIS requirements when the position and the prospective employee meet the H-1B requirements. For more details about the process and timing, please see our H-1B Overview page.

It is UW’s recommendation to offer individuals with Postdegree Trainee titles J-1 status. However, we recognize that other statuses may be more appropriate in limited cases.

In limited situations, the J-1 status may not be in the University’s or employee’s interest. IFSS will advise on a case-by-case basis. Generally, those situations include, but are not limited to:

1. The employee will perform work that involves patient contact.
2. The employee transferring to the UW and is currently in H-1B or another status that can be transferred.
3. The employee is/was a prior J-1 scholar who was subject to the 2-year home residency requirement and that residency requirement was already waived.
4. The employee was denied a J-1 in the past. Provide a copy of the visa denial.
5. The employee can provide documentation that they filed a permanent residency (PR; aka, “green card”) application with USCIS. A USCIS receipt or approval notice from that filing is required. A contract with an attorney with a future intention of filing for PR is not sufficient.

If one of the situations above apply, or if there is another unique situation, please contact IFSS for further discussion, guidance, and/or alternate sponsorship options, if appropriate.

DOL regulations require that to be eligible for H-1B status, an individual must be classified as an employee, and, as an employee, must pay all applicable taxes (income tax via Form W-2 and FICA). When a foreign national’s funding source is a fellowship, rather than a grant, there is no employer-employee relationship between the UW and the foreign national. Instead, the employer-employee relationship is between the funding agency (ex: NIH, NSF, AHA) and the foreign national. There is income, but no work requirement with the University (rather, the work is for the funding agency but performed at the University). Therefore, it is called a “non-service” appointment. Per the UW’s policy, the following HR titles are examples of non-service appointments:

While the federal regulations prohibit the UW from sponsoring H-1B status for individuals who hold non-service appointments (because no employer/employee relationship exists), the UW can still offer J-1 status for these individuals. The employee can provide other work authorization that is appropriate as well (i.e. EAD card, etc.). If you are an employee starting a postdoctoral training period (maybe on OPT) and you anticipate applying for fellowships, this is another great reason to be in J-1 status during your training period rather than H-1B status.

Misclassifying a non-service appointment (such as Postdoctoral Fellow) as a service appointment (Research Associate) exposes UW–Madison and the individuals involved to possible immigration fraud, significant adverse tax consequences (unnecessary FICA tax payments totaling 15% of the amount paid), unintended financial aid, benefit, or immigration eligibility implications now and in the future. The UW Policy regarding non-service appointments, offers more information and clarification.

If you have questions regarding this as it relates to titles or appointment processes, please contact the Human Resources (HR) representative for the hiring unit. For questions relating to the immigration requirements or processes, please email ifss@wisc.edu.