University Policy
Title
University of North Carolina at Chapel Hill Policy on Sponsorship for Postdoctoral Research Associates
Introduction
Purpose
The University of North Carolina at Chapel Hill ("UNC-Chapel Hill" or "University") is committed to maintaining a world-class research program of which Postdoctoral Research Associates play an integral part. International Postdoctoral Research Associates require work authorization and, therefore, may need University sponsorship. University sponsorship is determined by evaluating the compliance burden, available resources, and alignment of the appointment with the appropriate nonimmigrant option. In order to facilitate the successful onboarding of International Postdoctoral Research Associates, the Office of the Vice Provost for Global Affairs (OVPGA) has adopted this sponsorship policy.
Scope
This Policy applies to all units of the University of North Carolina at Chapel Hill.
Policy
Effective December 1, 2023, all foreign nationals who require University-sponsored work authorization for a Postdoctoral Research Associate appointment must come to UNC-Chapel Hill in J-1 Exchange Visitor status. Hosting Units can initiate and submit a New J-1 Exchange Visitor Request in the ISSS Portal.
While the expectation is that an international Postdoctoral Research Associate will be invited to campus under J-1 status, we recognize that H-1B status may be appropriate in certain circumstances, for example immigration-related reasons, compensation level, or exceptional qualifications, assuming all H-1B requirements are met. If a Hosting Unit has a strong basis for requesting an exception to this policy and would like an H-1B to be pursued for an international Postdoctoral Research Associate, the Hosting Unit must initiate the required process for requesting an exception and review. Given the resource implications, compliance responsibilities, and regulatory burden, the Hosting Unit must have approval from their leadership to move forward prior to submitting such request to International Student and Scholar Services (ISSS). Ample lead time is critical as H-1B processing involves multiple government agencies.
Specifically, the Hosting Unit must submit a Pre-Review Request in the ISSS Portal and provide documenting evidence for ISSS review no later than 6 months prior to the proposed start date. Once submitted, the Hosting Unit will receive an email confirmation of receipt of the request. Upon completion of ISSS Review, the Hosting Unit will receive an email with the decision. Up-to-date ISSS processing times for reviewing complete requests are available in the ISSS Portal.
UNC-Chapel Hill does not support O-1 visas for Postdoctoral Research Associates, given that this is a training appointment, and preparing an O-1 petition to meet the high evidentiary standard requires a disproportionate amount of resources.
Governing Principles and Rationale
The J-1 Exchange Visitor Program is an ideal fit for postdoctoral appointments due to their temporary and training-focused nature. Postdoctoral positions are typically short-term, training opportunities aimed at enhancing expertise in a specific field. The J-1 program accommodates this by providing a platform for international scholars to engage in practical training and gain experience in the U.S. Moreover, both programs emphasize academic collaboration and research advancements, promoting networking and global connections. The J-1 program aligns with the goals of postdocs to expose scholars to diverse academic environments and cultural experiences, enriching their professional and personal development. Additionally, appointments at U.S. Embassies and Consulates for J-1 visas are prioritized, making the wait time less than for other categories, such as H-1B.
The University may use the H-1B classification for specific appointments that meet U.S. Department of Labor (DOL) and United States Citizenship and Immigration Services (USCIS) requirements and if the prospective employee meets the qualifications. The H-1B visa is complex in nature, and obligates the University to strict legal requirements, governmental oversight, and potential sanctions by the U.S. government for even minor violations. H-1B visas require extensive processing of paperwork that includes Prevailing and Actual Wage determinations, a certified Labor Condition Application from the DOL, and an H-1B petition to USCIS. Approvals for H-1B visas can take several months to be processed. Work authorization pursuant to H-1B status is strictly limited, and any proposed change to the terms and conditions of an H-1B requires compliance steps to be completed, which may include having to file an amended H-1B petition with fees to USCIS.
Conclusion: Given the resource implications, compliance responsibilities, and the regulatory burden placed on the Hosting Unit and the University, it may not be prudent or realistic to expect the University to apply for H-1B status for all international Postdoctoral Research Associates who desire this action, nor expect that petitions would be made through any available method regardless of risk or cost. To make the best use of finite resources (staff and financial), as well as to protect the University from unwanted audits or actions by federal agencies involved in the process, the University must decide for whom it will petition for H-1B status and for whom it will not do so, as well as under what conditions and through which methods that support would be made available. This allows the University to concentrate its resources on securing H-1B's for faculty and permanent research appointments while protecting its reputation and avoiding unnecessary legal difficulties.
Exceptions
Exceptions will be granted by the Vice Provost for Global Affairs only in compelling circumstances, after an application for an exception, with supporting documentation, has been thoroughly reviewed. Such circumstances where an exception request may be reviewed include:
- Postdoctoral Research Associate is currently in a valid H-1B status
- Postdoctoral Research Associate has an application for adjustment of status to U.S. permanent residence pending
- Postdoctoral Research Associate is currently married to a U.S. citizen or a U.S. permanent resident
- Postdoctoral Research Associate is ineligible for J-1 status because:
- J-1 Research Scholar is nearing exhaustion of the five-year limit in 6 months or less
- Postdoctoral Research Associate is subject to the J-1 24-month repeat participation bar
- Other compelling reason
Related Requirements
External Regulations and Consequences
Contact Information
Policy Contact
Title: Director of International Student and Scholar Services (ISSS)
Name: Ioana Costant
Address: Fedex Global Education Center, Rm 2004, UNC-Chapel Hill, CB# 5240, Chapel Hill, NC 27599-5240
Phone: 919-962-5661
Email: isss@unc.edu
Web: ISSS website