J-1 and H-1B Comparison

J-1 Exchange Visitor

• Purpose: foster the exchange of ideas, research, and mutual enrichment between the United States and other countries.  
• Minimum eligibility requirements: vary based on the specific J-1 category.  
• Must demonstrate strong ties to home country, showing intent to return after completing the J-1 program. 

H-1B Temporary Specialty Worker

• Nonimmigrant status for visitors coming to the U.S. to work for an employer by performing specific services. 
• Position requires bachelor's degree or higher in a specialized field. Scholar must hold a bachelor’s degree in a field related to the position. 
• The position should clearly relate to the scholar’s education and experience. 

J-1 Exchange Visitor

• Varies based on category: 
  • Short-term: Up to 6 months 
  • Research Scholar: Up to 5 years 
  • Professor: Up to 5 years 
  • Student Intern: Up to 1 year 

H-1B Temporary Specialty Worker

Scholars may hold H-1B status for up to 6 years, which can be requested in 3-year increments. 

J-1 Exchange Visitor

• $657 Initial Application ISEO Fee
• $437 Rush Fee (If Applicable) 
• $437 Extension Application ISEO Fee
• $220 USCIS I-901 SEVIS Fee 
• Visa Fees, U.S. Department of State. Visa fee/reciprocity fees vary by country. See U.S. Department of State’s website to see fee amounts by country. 
  • Fees can be paid by the scholar or by the hiring department; Exception: departments must pay fees for Postdocs 
  • Visa fees are the responsibility of the scholar 
  • Fees paid via credit card will incur a 14% fee 

H-1B Temporary Specialty Worker

• $3,126 ISEO Processing Fee 
• $876 ISEO Rush Fee (If applicable) 
• $460 USCIS I-129 Fee 
• $500 Fraud Detection and Protection (Initial and transfer/port cases only) 
• $2,805 USCIS Premium Processing 
  • By law, these fees must be covered by hiring department for the scholar  
  • The cost of H-4 dependents applications is generally on the scholar, unless prior arrangements were made with the department 
  • Visa fees are the responsibility of the scholar 

J-1 Exchange Visitor

• Funding sources are flexible and can include UC San Diego, grants, other organizations, or personal funding. 
• J-1 scholars must meet a minimum funding requirement of $2,400 per month, which can be met by a single funding source, or a combination. 
• ISEO will process and issue the DS-2019 in-house. 
• J-1 requests typically take 15 business days to process, or 5 business days with the additional RUSH fee, to issue the Form DS-2019. 

H-1B Temporary Specialty Worker

• H-1B Specialty Workers must be compensated solely by UC San Diego as a salaried employee, with income and payroll taxes withheld. 
• H-1B scholars must receive a minimum salary, depending on the appointment and location in which they will be working. 
• H-1B Petitions are prepared in-house and sent to USCIS for review and approval. 
• ISEO's standard processing time is 2 months; however, it is important to consider additional mailing and USCIS processing times. USCIS can take 7 to 10 months to process the petition unless the Premium Processing fee is paid, which reduces the time with USCIS to 15 business days. 

J-1 Exchange Visitor

• J-2 dependents can apply for work authorization.  

H-1B Temporary Specialty Worker

• Most H-4 dependents do not qualify for work authorization, with limited exceptions: see USCIS’s website. 

J-1 Exchange Visitor

• Some J-1 scholars are subject to the 212(e) two-year home country requirement. 
• Scholars in J-1 status will remain classified as nonresident aliens for tax purposes for an extended period, allowing them to avoid paying payroll taxes and income tax on worldwide income. 
• J-1 Exchange Visitors may be subject to a 12- or 24-month bar on repeat participation in J-1 programs.

H-1B Temporary Specialty Worker

• To be eligible for H-1B status, scholars who are subject to 212(e) must have either fulfilled the 212(e) requirement or obtained a waiver. 
• Scholars in H-1B status are typically taxed as US citizens on worldwide income. 
• If UC San Diego terminates an H-1B scholar prior to the employment authorization end date on the I-797, the department must offer to cover the reasonable cost of return airfare to their home country (for the H-1B scholar only, not for dependents).

J-1 Exchange Visitor

• J-1 scholars may qualify (with prior ISEO approval) to receive payment for incidental, short-term contractual work defined as “occasional lectures and consultations.”  

H-1B Temporary Specialty Worker

• H-1B work authorization is employer- and job-specific. A Scholar in H-1B status may not work outside of UC San Diego or receive compensation from other companies. 
• Occasional lectures are permissible as long as no compensation is received.  

J-1 Exchange Visitor

• Remote work from a residence in the U.S.
  • The Department of State has indicated that Exchange Visitors, if working remotely (from a U.S. residence) must limit this work to 40% of their effort (e.g., 2 out of 5 days a week). In short, this means that the U.S. Dept of State will expect that you are on campus or wherever your nonresidential worksite is for at least three of five days a week.  Anything less than this would not align with requirements of the Exchange Visitor program and could jeopardize your legal status in the U.S. Exchange Visitors working remotely (from a U.S. residence) must report their remote address to ISEO.
• Remote work from outside the U.S.
  • This would need to be first approved by the department HR as not all positions allow for remote work from outside the U.S.
  • J-1 Research Scholars who will be out of the country for more than 30 days for business/research, or for more than 60 days for personal travel, should notify the International Services and Engagement Office (ISEO). J-1 scholars can notify ISEO by submitting a J-1 Leave of Absence Request Form. For extended absences of three months or more, J-2 dependents should accompany the J-1 principal. Please make sure to submit this request before the leave begins as this request cannot be back dated. After receiving the Leave of Absence Request, ISEO staff will input the leave information into the J-1 scholar's SEVIS immigration record to alert immigration officials that the scholar will be outside the U.S. for a duration of time but their J-1 program will remain active. When submitting the request form, confirmation emails will be sent to the department administrator and the scholar's supervisor or PI
  • J-1 Short-Term Scholars and J-1 Student Interns are not eligible for a J-1 Leave of Absence. If you are in one of these categories and will be outside the U.S. for a longer duration of time, you can contact ischolars@ucsd.edu with any questions.

H-1B Temporary Specialty Worker

• Remote work from a residence in the U.S.
  • This would need to be first approved by the department HR as not all positions allow for remote work.
  • For the H-1B remote work may be permitted but requires listing the address on the Labor Condition Application (LCA) and H-1B request submitted to USCIS. Any changes in worksite after the H-1B is submitted to USCIS, will require review by an ISEO advisor (prior to starting to work from the new location) to confirm if the change would require an amendment H-1B request submission to USCIS or merely ISEO updating the department of labor of the modification. 
• Remote work from outside the U.S.
  • This would need to be first approved by the department HR as not all positions allow for remote work from outside the U.S.
  • ISEO would need to be notified to review the specific situation to ensure there is no impact to the H-1B status or a future immigration benefit.

J-1 Exchange Visitor

• Extensions within maximum allowed J-1 time are less expensive and need at least 15 business days to be processed 
• Starting in J-1 status and later transitioning to H-1B status gives scholars an additional five years (under the research scholar category) to achieve significant accomplishments, build extensive documentation supporting academic excellence, and potentially secure a position at UC San Diego that may be sponsored for Permanent Residency. 
• Due to the exchange purpose of the J-1 status, we do not recommend applying for permanent residency while in this status. 

H-1B Temporary Specialty Worker

• Extensions have similar costs to initial H-1B requests, and require a minimum processing time of 2-3 months, with 6-7 months recommended 
• The H-1B visa allows for dual intent, making it the most appropriate status for those applying for permanent residency. 
• Except for tenure-track or tenured faculty positions, scholars with long-term plans to apply for Permanent Residency may find that bypassing J-1 status and going directly to H-1B does not provide sufficient time to accumulate achievements, gain recognition, or secure appropriate job offers. As a result, they may not receive institutional support when applying for Permanent Residency.