Employment Visa (H-1B or E-3) Policy Exception Request for Postdoctoral Scholars

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STOP! Before You Complete This Request Form:

  • Postdoc MUST meet at least one of the seven eligibility reasons listed on this form or IS NOT eligible for this policy exception.


  • Request forms with randomly selected eligibility reason(s) not based in fact or submitted without required documentation supporting the selected reason(s) will be declined.


  • Filing of an I-140 petition or a National Interest Waiver petition IS NOT an accepted eligibility reason for this policy exception.

Need to edit a pending request form?

  • Do NOT submit a new request form
  • Send an email to tjwilson@stanford.edu for an "update request" and specify the data fields you wish to edit.
  • You will receive an email with a link to edit your previously submitted request form.

Requesting Department Information

Select
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(Name of person completing this form)

Enter the email address of other Admin(s), or Faculty, who wish to receive smart sheet alerts on this request

Postdoc Status*

Is the requested visa for an Incoming or Current Postdoc?

All 8 digits as displayed on postdoc web form

(one leading zero and seven digits)

In the space below (or upload a separate sheet if more space is needed), provide a statement supporting the request for a new appointment with an H-1B or E-3 visa.


Supporting documentation should include the search process and evidence of the absence of other suitable candidates who do not require an H-1B or E-3 visa.

Requested Visa Information

What visa status are you requesting?

Type of Request*

Is this request for a new visa, extension of a current visa, or a transfer of a current visa from another institution?

Requested Employment Visa Status*

The requested visa start date must allow for the processing times of all internal and external approving offices (typically 4-6 months).

The requested visa end date must match the appointment end date.

Select
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  • Select all funding types with an active pay line
  • For incoming postdocs, select "New appt (no active GFS pay line)"
Select
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  • Active stipend / outside funding pay line(s) in GFS must end or be converted to salary prior to the employment visa start date.
  • Be mindful of Payroll entry deadlines to ensure there is no gap in pay during a funding transition.


TO AVOID AN AUTOMATIC DECLINE OF THIS FORM:

  • Confirm in the Salary Attestation checkbox that the transition from stipend / outside funding pay line(s) to salary will be entered in GFS effective on or before the employment visa start date.
  • In the date field below, enter the date that the GFS stipend / outside funding pay line(s) will end.
  • No date overlap is permitted for stipend / outside funding to be paid after the employment visa start date
  • Enter the annual salary amount that will be paid during the employment visa validity period (should match or exceed current GFS pay line total(s)),


  • 6th training year requires a higher minimum annual salary.

Enter the name of the funding source for the salary payments that will be paid during the employment visa validity period.

  • I confirm that all funding paid to this postdoc while in employment visa status will be paid as Salary.


  • No stipend, fellowship, or outside funding pay lines will be active in GFS after the employment visa start date.

Current Visa Status

Current Visa Status*
  • Postdocs are expected to maximize the time remaining on their DS-2019 or other visa status.
  • Request to transition to H-1B visa should be submitted no earlier than 6 months prior to the DS-2019 or other visa end date.
  • Postdocs are expected to maximize the time remaining on their F1 OPT EAD/STEM EAD card (this does not apply to J-2 or H-4 with EAD card).
  • Request to transition to H-1B (or E-3) visa should be submitted no earlier than 6 months prior to the F1 OPT EAD/STEM EAD card end date.
Has Postdoc Obtained a J-1 Waiver?

If yes, please upload a PDF copy of the Waiver in the File Upload section below.

What is the end date of current H-1B, E-3?

Reason for Request (Eligibility Criteria for this Visa Policy Exception)

  • Postdoc MUST meet at least one of the seven eligibility reasons listed below or is not eligible for this policy exception.


  • Select all reasons that apply and complete the highlighted action steps listed under each selected reason.


If this reason is checked, DO NOT check any other reasons below


  • Upload a PDF copy of the current visa document (I-797 Approval Notice)


  • Requires OPA approval
  • University processing fee does not apply
  • Upload a PDF copy of the Australian passport


  • Requires OPA approval
  • University processing fee does not apply


  • Upload a PDF copy of the I-485 receipt
  • I-140 or National Interest Waiver receipt are not accepted substitutes


  • Requires OPA approval
  • University processing fee does not apply


  • Upload a PDF copy of the marriage certificate


  • Requires OPA approval
  • University processing fee does not apply

Postdoc received doctoral degree in the U.S. in F1 visa status and is currently completing the last 6 months of optional practical training (OPT)


  • Upload a PDF copy of the EAD card or STEM EAD card


  • Requires OPA approval
  • Incurs $900 university processing fee (PTA required below)



IMPORTANT:

  • Postdocs are expected to maximize the time remaining on their F1 OPT EAD/STEM EAD card.
  • Request to transition to H-1B visa should be submitted no more than 6 months before the EAD/STEM EAD card end date.
  • Request to transition to H-1B visa 6 months or more before the expiration of the EAD/STEM EAD card requires selection of both this Reason 4 and Reason 6c below.


  • Upload a PDF copy of the J-1 waiver approval notice
  • Upload a PDF copy of the most recent DS-2019
  • Upload a PDF copy of the postdoc's updated CV
  • Complete the Faculty Sponsor Statement below


  • Requires H-1B Review Board approval
  • incurs $900 university processing fee (PTA required below)

Select at least one checkbox (a or b) or enter an explanation (c) below


  • Upload a PDF copy of the most recent DS-2019 showing 5 years in J-1 status


  • Requires OPA approval
  • University processing fee does not apply



IMPORTANT:

  • Postdocs are expected to maximize the time remaining on their DS-2019.
  • Request to transition to H-1B visa should be submitted no more than 6 months before the DS-2019 end date.
  • Request to transition to H-1B visa 6 months or more before the exhaustion date of the DS-2019 requires selection of both this Reason 6a and Reason 6c below.

Postdoc has or had a previous J-1 or J-2 visa within the past two years and is currently ineligible for a new J-1


  • Upload a PDF copy of the previous DS-2019
  • Upload a PDF copy of the postdoc's updated CV
  • Complete the Faculty Sponsor Statement below


  • Requires H-1B Review Board approval
  • University processing fee does not apply
  • In the space below (or upload a separate sheet if more space is needed), explain the postdoc's ineligibility for J-1 visa status (or need for an early transition hardship claim)
  • Upload PDF copies of document(s) that support the explanation (or early transition hardship claim)
  • Upload a PDF copy of the postdoc's updated CV
  • Complete the Faculty Sponsor Statement below


  • Requires H-1B Review Board approval
  • incurs $900 university processing fee (PTA required below)
  • Upload a PDF copy of the offer letter from the other institution
  • salary and other sensitive information can be redacted
  • Upload a PDF copy of the postdoc's updated CV
  • Complete the Faculty Sponsor Statement below


  • Requires H-1B Review Board approval
  • Incurs $900 university processing fee (PTA required below)

Upload ONLY supporting documents specified under selected reason(s) above

Drag and drop files here or

Enter proper PTA format (7 digits-3 digits-5 letters)

In the text box below, please provide answers to the 4 questions shown.

Please include additional comments to:

  • Explain any part of this request that is not self-explanatory
  • Provide any other important details about this request

Faculty Sponsor Statement

In the spaces below (10 lines max for each, or upload a separate sheet if more space is needed), provide detailed responses to all questions to explain why it is in Stanford University's compelling interest to support this employment visa policy exception request. _____________________________________________


Does the Faculty Sponsor provide this information to you?


Feel free to copy and paste the typed questions below into an email to the Faculty Sponsor. Then copy and paste the Faculty's responses in the corresponding text boxes below.


  • Describe the postdoc's unique skills and contribution to the lab/research project.


  • Describe any significant hardship on the progress of the research if the (incoming) postdoc declined Stanford's offer or left the current appointment. Provide facts that support any assertion that the work of the lab would suffer if this request is not approved.


  • Provide the job description for this postdoc position and explain how it differs from a staff position. Include: text of the job description, explanation of how this postdoc position differs from a staff position, and why a staff position is not recommended at this time.


  • Describe the mentoring and training components of this postdoc position. Provide a brief summary of mentoring and training to date, and planned future mentoring and training. Examples may include components of the IDP, lab/research training, classes, workshops, grant writing, professional development activities, conferences, presentations, publications in preparation, etc.


  • Optional: Other information or circumstances that will inform the Review Board of the merits of this request.

Provide facts that support any assertion that the work of the lab would suffer if this request is not approved.

Include in this response:


  • the text of the job description
  • explanation how this postdoc position differs from a staff position
  • why a staff position is not recommended at this time

Provide a brief summary of mentoring and training to date, and planned future mentoring and training.


Examples may include components of the IDP, lab/research training, classes, workshops, grant writing, professional development activities, conferences, presentations, publications in preparation, etc.


  • Faculty Sponsor confirms that this request is made based on the needs of his/her research project and that a sufficient search for qualified candidates for this postdoctoral position was conducted as described in the Incoming Postdoc Support Statement.
  • Faculty Sponsor is committed to appoint the postdoc conterminously with the validity dates of the employment visa.
  • Faculty Sponsor will support the postdoc as a full-time salaried appointee receiving wages on university payroll throughout the period of the employment visa status.
  • Faculty Sponsor understands that the postdoc is not eligible to apply for nor receive fellowship support from Stanford or outside sources (no stipend or outside funding permitted).
  • In the case of early termination of the postdoc appointment, Faculty Sponsor understands he/she is responsible for paying postdoc's airfare home immediately upon ending the appointment.
  • Faculty Sponsor understands that he/she may not ask the postdoc to pay the fees associated with filing this petition with the Office of Postdoctoral Affairs or with USCIS if prohibited by law, university policy, or if it results in a reduction of the postdoc's funding to a level below Stanford's required minimum level of support.


Postdoc Admin: type your name in the text box below to attest that you have advised the Faculty Sponsor of the above responsibilities with Stanford University sponsorship of an employment visa for this postdoc.

If local departmental or school policy requires Faculty Sponsor sign-off on the responsibilities noted in the Attestation section above, please enter the Faculty Sponsor email address here to trigger a workflow approval request to him/her.

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