Hosting and Hiring Units J-1 vs H-1 Chart

J-1 vs H-1 Chart

J-1 Exchange VisitorH-1B Temporary Worker
For visiting scholars, visiting professors and researchers and short-term visitors. Not for tenured or tenured-track positions.Employment not required.For professional employment. Must be full-time per university policy.
Five year maximum for research scholar and professor category. Six-month maximum for short-term scholars.Six-year maximum.
May or may not be on payroll. Can use personal funds.Must be on payroll and meet wage requirements. Status ends if employment ends.
Two-year home residence requirement in some cases limits future visa options.No two-year requirement.
Usually not benefits eligible at U of I.Benefits eligible if position qualifies.
Can transfer to other J sponsor for similar activity within 5-year limit.Change of sponsor or position requires new H application, but portability allows new to employment to begin before new H is approved in change of sponsor cases.
Dependents in J-2 status can work with USCIS permission.H-4 dependents may be eligible to work with USCIS permission under limited circumstances.
J program managed by US State Department. USCIS not involved when new J-1 comes from abroad or when extending.All H-1B applications must be approved by USCIS.
Simple. One form needed to obtain status abroad or extend status.Time-consuming applications. Prevailing wage assessment, Labor Condition Application and 10-day posting required.
No premium processing option.Premium (expedited) processing an option for a fee.
Lead time: 2-3 months. More time needed if already in U.S. and applying for a change of status.Lead time: 9 months or more, with possible options to expedite.
Numerous regulations for J-1s: specific insurance requirements, cross-cultural activity.Employer must pay return transportation if employment ends early.
J visa applicant must have permanent address abroad, demonstrate strong ties to home country and have no plans to immigrate.Dual Intent allows H-1 to apply for green card. No ties to home country required.
J-1 sometimes not an option if individual has finished another J program within last 12 months.H-1B not an option if individual has two-year home residence requirement due to previous J-1 status.
Two-year bar on repeat participation as a Research Scholar or Professor after any amount of time.One year bar on new H status after 6 years. Must be outside U.S.
No annual limit.Annual limit (H-1 cap) not applicable to universities.
International Student and Scholar Services
International Studies Building
910 S. Fifth St., M/C 417
Champaign, IL 61820
217-333-1303
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