J-1 Versus H-1B In Summarium
Before we dig in further, let’s explain the J versus H visa categories. Both are non-immigrant categories designed for individuals who wish to enter the US, complete their tasks, and return to their home countries. Nonimmigrant categories with the J designation refer to Exchange Visitors approved for work- and study-based visitor programs. The H designation refers to those who plan on living and working in the US outside of academics.
Both can apply to an institution of higher education learning. As an academic scholar, one may petition for a J-1 or an H-1B, depending on one’s goals. The J-1 Exchange Visitor visa is for individuals who promote the interchange of people, knowledge, and skills in education, arts, and sciences. To be able to exchange knowledge, the visa holder must return to their home country to share the knowledge and information they gained while in the US as a J-1 visitor.
On the other hand, the H-1B visa holder has no such expectations required of them. They enter the US to work in their specialty occupation, which could be in the university setting. But once their visa term is up, they return home without any further requirements.
Benefits of J-1 Versus H-1B
Both visas are temporary. Under an H-1B, the beneficiary can live and work in the US for a maximum period of six years. J-1 professors and researchers have a limit of five years.
H-1B holders also have the added benefit of a dual intent status. During their stay, they can choose to file an Application for Permanent Resident (green card) Form I-140. Once this is submitted, they do not have to leave the country and return home unless their petition is denied, provided their employer requests yearly H-1B work extension permissions until the Permanent Resident status is official.
The J-1 status makes this petition difficult as it includes a requirement for the holder to return home for two years before applying for a new visa.
Under an H-1B, the individual is expected to work full-time in the position that is recorded on the visa approval. The J-1 exchange visitor does not have this work requirement. They are in the country to exchange knowledge and skills between international entities.
Obtaining an H-1B is challenging, as the beneficiary must have a job offer and go through the PERM process to get a Labor Condition Approval. Jobs that do not qualify as cap-exempt also must wait for the random lottery process and an October 1 Fiscal Year start date. J-1 visa holders do not have this delay, and the sponsors aren’t required to prove that they pay the higher of the Prevailing and Actual Wage, as the H-1B sponsors must.
H-1B visa holders cannot enter the US until USCIS has approved their petition. Individuals can apply for J-1 stamps immediately after receiving Form DS-2019.
While the J-1 visa is easier to obtain, the H-1B category often is preferred due to its benefits of a longer stay, dual-intent possibility, and higher prevailing wage requirements.
If you’re debating between applying for a J-1 or H-1B visa, our experts at Visa2US can explain the pros and cons of each and assist you in making your final decision. This choice can affect your future significantly, and it should not be made lightly. Call or reach out to our skilled immigration attorneys today.