Differences Between H1 and J1 Status
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 admitted for up to 5 years.If someone holding an H-1B has had a combination of a Labor Certification and/or an I-140 (Application for Permanent Resident or "green card") pending for 365 days or more ISSS can request yearly extensions of H-1B work permission until s/he adjusts to Permanent Resident
- 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
- The Department of State and USCIS make a 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]
- J-1 status has "Non-Immigrant Intent" which means that the individual in J-1 exchange status is encouraged to depart the United States upon completion of his/her objective.H-1B status, however, has "Dual Intent" which means that the H-1B could have a green card application pending and still reenter the US in H-1B status.This is not true for those in J-1 status
- Department may request Premium Processing for an H-1B Petition for a $1225 fee. There is no way to Premium Process a Change of Status to J-1 Exchange Visitor
Advantages of J-1 status include the following:
- J-1 status does not require an LCA, unlike the H-1B; therefore ISSS does not need to prove that Temple University is paying the higher of the Prevailing and Actual Wage
- 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. However, an alien may apply for a J-1 visa stamp at a US Consulate Abroad immediately upon receiving Form DS-2019 from our office
- A fee is required for an H petition and for extension of stay in H status. There are no application or Anti-Fraud fees associated with the J-1
