Differences to Consider: J-1 vs. H-1B

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H-1B: Before You Sponsor
Differences to Consider: J-1 vs. H-1B
Notices of Intent to Hire H-1B Employees
H-1B Requirements
H-1B Timeline
H-1B Extension
H-1B: Changing Employers
H-1B Forms
H-1B Processing Fees
H-1B: Leaving UCI
Items to ConsiderJ-1 Exchange VisitorH-1B Specialty Occupation
PurposeEducational & cultural exchangeTemporary employment in a specialty occupation
Appointment Title EligibilitySee Academic Titles Eligible for SponsorshipMost academic titles, with salary from UCI at a wage that meets the higher of the prevailing wage or the actual wage
Cost/Fee ResponsibilityMinimal fees to pursue J status; J-1 Exchange Visitor or Department is responsible for all feesEmployer (UCI) is responsible for all fees except for H-4 dependents
DurationUp to 5 years in “Research Scholar” category; length is determined by J visitor categoryUp to 6 years; initial application is for no more than 3 years.
Processing TimeUp to 2-3 months; IC processing time is 15 business days with a complete request.Up to 5-6 months; IC processing is 2-3 months with a complete request.
Status Requirements• Visa document is issued by sponsoring institution (UCI)
• J-1 exchange visitor must participate in academic program objective and activities
• J-1 exchange visitors must comply with Department of State (DOS) and Department of Homeland Security (DHS) regulations.
• Mandatory health insurance requirements
• May be subject to Two Year Home Country Physical Presence requirement.
• 12 month/24 month bar may apply.		• Approval for H-1B status is required from USCIS
• Requires certification from Department of Labor (DOL)
• Changes in employment (i.e.: change in location, job duties, salary, etc.) require a new or amended petition.
• Minimum B.A./B.S. degree or PhD for postdoctoral positions
• Dual intention is permitted; H-1B may participate in employment and also have intentions to file immigrant visa application
Non-UCI EmploymentAllows occasional lectures, honoraria, short-term consultations as long as activity is related to program objective, and authorized by the IC.H-1B employee is only eligible to work for UCI. Occaisional speeches and lectures at other institutions may be possible, but no compensation is possible.
Dependents• J-2 status for spouse and children under 21
• May apply for work authorization (EAD)
• J-2 earnings may not be used to financially support J-1		• H-4 for spouse and children under 21
• Work authorization is limited and only allowed when primary H-1B is in the process of obtaining permanent residency.
TransfersTransfers to another institution may be possibleChange of employer requires filing of a new petition
Taxes in the U.S.J-1 Exchange Visitors may qualify for tax treaties and benefitsH-1B are taxed fully on worldwide income
On-Site RequirementMust be fully in-person or predominantly in person. Limited to hybrid work that includes at least 3 days onsite with only 1-2 days remote.