Critical Differences Between H-1B and J-1 Visas

Purpose of visa
Eligibility
Differences
Maximum length of stay
Requirements for obtaining visa
Extensions
Home residency requirement
Travel restrictions
Cost to obtain the immigration status
Who pays for visa processing
Who files the request for immigration status
Processing times
Can the procedure be expedited
Cost of expedited service
Authorized employer
Limit on obtaining status
Consequences of letting immigration status lapse
Work while waiting for a change in visa category
Visas for family members
Family members work authorization
Travel by family members travel
Apply for visas for family members
Federal taxes

There many significant differences between the H-1B visa and the J-1 visa for researchers, including professors. Depending on your circumstances, one or the other could be the better option for you.

Of all the potential advantages and disadvantages of these two visas, the most significant is the two-year home residency requirement sometimes imposed on J-1 visa holders.

Question	J-1	H-1B
Purpose of visa	Provide foreign nationals with exchange opportunities in research as well as access to cultural and general educational programs.	Dual intent visa: used for temporary employment visitors and for those who intend to apply for permanent residency
Eligibility	This category of visa is reserved for researchers, faculty and scholars, specialists and speakers, and students in exchange programs. All are in the U.S. on fixed terms. Researchers must be brought in for a specific purpose as defined by the sponsoring institution.	Reserved for specialty occupations (scholars and scientists) that require theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor. Requires a Ph.D.
Differences	Two-year home residency requirement is imposed if home country funds research or occupation is on skills list.	May be approved for J-1 visa researchers, professors or postdocs who have exhausted the three-year limit.
Maximum length of stay	Up to three years with possible six months extension.	Up to six years.
Requirements for obtaining visa	Academic and financial screening by the sponsoring institution confirmed by the issuance of the DS-2019.	Employer must demonstrate: -employer-employee relationship -position applied for is professional -requires B.A./B.S at minimum; Ph.D. for postdocs and/or special skills -salary paid must meet the prevailing wage -benefits are commensurate with other similar positions -initial intent to hire is temporary -must pay for return transportation home if employer terminates job.
Extensions	Yes, but the total stay cannot exceed three years.	Yes, but the total stay cannot exceed six years.
Home residency requirement	You may be required to live in your home country for two years if you have special skills needed by your country, or you used government funding for the program. Waiver of the two-year home residency requirement may be possible. See the information on J-1 waivers.	Not required.
Travel restrictions	Check with institution and/or immigration attorney.	Check with employer and/or immigration attorney.
Cost to obtain the immigration status	Many institutions charge a handling fee (approximately $200-$300) to process the DS-2019.	The U.S. government charges a filing fee of $130 for the processing of the I-129 petition. Many institutions charge a $1,000 handling fee or require payment of attorney fees.
Who pays for visa processing	The professor, researcher or postdoc or the institution.	The employer.
Who files the request for immigration status	The institution issues the DS-2019	The employer files the H-1B petition
Processing Times	The institution can take two weeks or several months to issue the DS-2019. The U.S. embassy may take another two months or more to issue the visa.	Employer can take up to three months to process the paperwork. The Immigration Service can take up to another six months. The U.S. embassy or consulate can take another two months to issue visa stamp.
Can the procedure be expedited?	No.	Yes, for the petition with the Immigration Service. No, for the visa stamp issuance.
Cost of Expedited Service	Not applicable.	$1,000 premium processing fee.
Authorized Employer	May receive compensation from the school or institution that issued the DS-2019. You may also engage in temporary work in another institution if the work is related to the program and if you receive advance permission. Compensation may include travel grants and reimbursements.	May only work for the H-1B employer in the specific position approved. You are not eligible for honorariums; however, in some cases they can be paid reimbursements.
Limit on obtaining status	No, however, the applicant has to remain off J status for at least one year before the next three-year period.	No, however, the applicant has to remain outside of the U.S. for at least one year before the next six-year period.
Consequences of letting immigration status lapse	Termination of participation in J-1 program. Visits to the U.S. in the future will be prohibited in varying degrees depending on length of unlawful presence. For example, if you are in unlawfully present for more than 180 days, you are prohibited from returning to the U.S. in any visa status for three years.	Must leave the U.S. and reapply for admission in proper status. Visits to the U.S. in the future will be prohibited in varying degrees depending on length of unlawful presence. For example, if you are in unlawfully present for more than 180 days, you are prohibited from returning to the U.S. in any visa status for three years.
Work while waiting for a change in visa category	You may continue in F-1 (student visa status) in an optional practical training (OPT) category for up to a year; however, you should apply at least six months in advance before OPT expires for change of status to J-1 or H-1B. Persons in J-1 status who are changing status to H-1B cannot start work until the application is approved. While a change in status is pending you cannot “volunteer” for work where you would normally be paid.	Cannot work until H1-B application is approved. You may remain in the country if petition is submitted before previous status ends. While a change in status is pending you cannot “volunteer” for work where you would normally be paid.
Visas for family members?	J-2 for spouse and children under 21.	H-4 for spouse and children under 21.
Family members work authorization	Family members on J-2 visas may apply for an Employment Authorization Document (EAD) for any type of employment. However, their earnings cannot substitute for the support of the J-1 visa holder.	No.
Travel by family members travel	Spouse and minor children may be admitted into the U.S. in J-2 classifications. Each family member has a SEVIS-issued DS-2019 form issued in his/her own name by the sponsoring organization. When traveling, it is recommended that you carry copies birth and marriage certificates to more easily demonstrate spouse and children relationships.	Yes. Family members will need H-4 visas and verification that the H-1B principal is in the U.S. working for the approved employer. When traveling it is recommended that you carry copies birth and marriage certificates to more easily demonstrate spouse and children relationships.
Apply for visas for family members	At a U.S. consulate or embassy.	At a U.S. consulate or embassy.
Federal taxes	Depends on tax treaty between home country and U.S. Most J-1 visa holders are considered residents of the U.S. for tax purposes if they meet the substantial presence test.	Depends on tax treaty between home country and U.S. Most H1-B visa holders are required to pay federal taxes and Social Security withholding.