Options for Post Docs

F-1 and J-1 students studying in the U.S. have a unique opportunity to gain practical work experience and/or training in their field of study. This is called Optional Practical Training (OPT) for F-1 students and Academic Training (AT) for J-1 students. To benefit from this opportunity, an international student does not need to change their nonimmigrant status. Instead, the student must work with their international office to ensure eligibility. There are specific timelines for applying. Therefore, international students should work closely with the international office of the school they are graduating from to apply as soon as they are able.

OPT and AT are excellent ways to potentially open doors to future employment opportunities in the U.S. after graduation. It allows many new graduates to explore different career paths within their field and with different employers without needing to switch to a new nonimmigrant status. This flexibility is beneficial for both the employer and employee especially if a job or employer is not a good fit initially.

IFSS recommends F-1 and J-1 students use this opportunity for their first year of employment (if the employment is appropriate) at the UW to provide an additional year of employment authorization.

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. This approach supports the University’s mission while energizing the University, scholars, faculty, researchers, and other team members through exposure to diverse perspectives, new ways of thinking, and novel approaches to problem-solving. The J-1 offers more flexibility with fewer restrictions.

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.
• Dependent spouses of J-1s (known as J-2s) can apply for work authorization with USCIS.
• Changing worksites is easier.
• J-1s can apply for Permanent Residency! Federal law does not prohibit J-1s from filing an application for permanent residency, if they are eligible.
• Effective December 9, 2024, many J-1 scholars are no longer required to fulfill the 2-year home residency requirement. Click here to read about the update from the U.S. Department of State. For those who remain subject, this requirement can still be waived. J-1 scholars who are subject to the home residency requirement must successfully waive this requirement or provide documentation of having been physically in their home country for at least two years before transitioning to H-1B status or permanent residency.

Be aware, effective July 1, 2023, the U.S. Department of State announced that J-1s can work remotely 40% of the time only. This means a full-time J-1 can work remotely two days in a five-day work week.

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).

Some of the limitations of H-1B status include:

• It can take several months to prepare and obtain the necessary approvals. For more details about the process and timing, please see our H-1B Overview page.
• It is more expensive, with costs ranging from $960 to $3,765. The hiring unit is required to pay these fees.
• H-1Bs are employee, employer, employment, and worksite specific. Transferring an H-1B to a new job or new employer, even within th UW, often requires another H-1B petition to  be filed with USCIS. Making changes to someone’s job (FTE, duties) or changing a worksite may also require another H-1B petition to be filed with USCIS before the changes can begin.

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. However, J-1 Research Scholar status is still the UW’s recommended status for post-degree trainee titles.

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.