H-1B vs. J-1 Exchange Visitor

H-1B vs. J-1 Exchange Visitor Status

The J-1 Exchange Visitor Program [Research Scholar or Professor categories] should be used to bring in 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."

	H-1B	J-1 Exchange Visitor
Two Year Home Residency Requirement	No	Yes
Dual Intent	Yes	No
LCA Required	Yes	No
Duration	6 Years but maybe be able to extend	5 Year Maximum
Needs USCIS Approval	Yes	No
Fees Required	Yes	No
Work Authorization for Dependents	No*	Yes*

H-1B has Dual Intent which means it is acceptable to file for a green card while holding H-1B status. J-1 status has "Non-Immigrant Intent" which means that the Exchange Visitor is expected to return home upon completion of program objective. It is difficult to apply for a green card while holding J-1 status
J-1s do not require an LCA, unlike the H-1B. ISSS does not need to prove that Temple University is paying the higher of the Prevailing and Actual Wage for J-1s
Issuing a DS-2019 is faster than waiting for an H-1B Approval Notice from USCIS. 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. An Exchange Visitor may apply for a J-1 visa stamp at a US Consulate Abroad immediately upon receiving Form DS-2019 from ISSS
It is much easier for J-2 Dependents to obtain work permission from USCIS. H-4 Dependents cannot apply for work permission until the H-1B has submitted an application for US Permanent Residency (green card) to USCIS

International Student and Scholar Services

H-1B vs. J-1 Exchange Visitor