Advantages of H-1B status include the
following:
- While temporary, it allows a maximum period
of stay of 6 years, whereas J-1 visiting professors
and researchers are allowed no more than 5 years total.
- An H-1B alien may apply for adjustment of status to
permanent resident or for change of status to another
nonimmigrant classification, whereas some J-1 aliens
are prohibited from such changes because of the 2-year
home-country physical presence requirement of Sec.
212(e) of the Act. [See Sec. 9.3.13.]
- The Department of State and USCIS make a further distinction between
the H-1B alien who comes specifically to perform services
and the J-1 exchange visitor who comes as a participant
in an exchange visitor program designed to "promote
interchange of persons, knowledge, and skills, and
the interchange of developments in the field of education,
the arts and sciences," in such a way as to promote
"mutual understanding between the people of the United
States and the people of other countries." [22 CFR
514.1]. The individual in J-1 exchange status
is encouraged to depart the United States upon completion
of his/her objective. More importantly, the J-1 Visa Category has Non-Immigrant intent, making it very difficult to apply for a green card while in J status.
Advantages
of J-1 status include the following:
- J-1 status does not require an LCA, unlike the H-1B.
- Obtaining H-1B status takes more processing time than
is required for J-1 status.
- USCIS must approve a petition for H-1B classification
before an alien may apply for a visa, and supporting
documentation must be collected and submitted with
the petition. However, an alien may apply for J-1
status immediately upon receiving Form DS-2019 from
the program sponsor.
- A fee is required for an H petition and for extension
of stay in H status.
To
summarize, the J-1 Exchange Visitor category should
be used to employ individuals who will "promote interchange
of persons, knowledge, and skills, and the interchange
of developments in the field of education, the arts
and sciences," While it is not explicitly stated in
the regulations, it is understood that the only way
there can be an "interchange of knowledge" is for
the Exchange Visitor to depart the United States upon
completion of his/her program and return to "share"
the knowledge/expertise s/he obtained while in exchange
visitor status. The H-1b employment visa is simply
a visa category, which allows Temple University to
hire non-immigrants who will "perform[s] services
in a specialty occupation."
