H-1B vs. J-1 Visas

Visas are circumstance dependent and vary depending on the needs of the student or professional. For more information, consult the individual visa pages or email visa@case.edu.

Case Western Reserve University Employment

H-1B: Job and location specific. Must ONLY work at the job listed on the H-1B petition. This includes working from home under the university's hybrid work program. Any changes in job duties or titles must be discussed with our office BEFORE they take place. No other employment is permitted unless that employer has filed a "concurrent" H-1B. No honoraria payments are permitted. No outside consulting. 

J-1: Must engage in the activity described on his/her paperwork (Form DS-2019). May engage in occasional other employment as long as it is related to the field of study and is pre-approved by the Office of Immigration and Human Resource Services (IHRS).

Timing of Requests

H-1B Status: H-1Bs require consultation with the Department of Labor and U.S. Citizenship and Immigration Service (USCIS). Currently, this process is taking about 8 months.

When planning a new hire, please allow at least 90 days for departmental processes.

Premium Processing is generally available, however, it requires an additional fee of $2500.  Premium processing a petition typically cuts the process timeline down to between 15 days and one month.

J-1: DS-2019 forms are completed internally by our office after validating the J-1 in the Department of Labor's SEVIS database. While it does not involve a petition to USCIS, all supporting documentation is required before processing. Please allow 90 days for departmental processes.

Funding

H-1B: Must be on CWRU payroll.

J-1: Funding may come from a variety of sources, including self-funding. Please see the mandatory minimums a J-1 Scholar must show to establish adequate financial support.

**Applicants must provide proof of funding. Proof of funding can include job offer letters, fellowship offer letters, bank statements, etc.  The Department of State recommends this proof include the following:

1. The scholar's name
2. Issued within the past 6-months
3. Provided in English
4. Includes currency conversion, if not in U.S. dollars
5. Issued on letterhead
6. Signature

Duration

H-1B: Due to USCIS processing times and delays, our office cannot process H-1B requests for less than 1 year. Maximum stay is 6 years but each petition can be filed for no more than 3 years. The appointee must be physically present in the US when the H-1B extension is filed.

J-1: Minimum stay is 21 days. The minimum does not apply to J-1 Short-Term Scholars. Maximum stay is 60 months.

Effects on H-4 or J-2 spouse

H-1B: Generally, H-4 dependents may not apply for work authorization. H-4s may change status to H-1B if they qualify. Foreign nationals are responsible not only for filing fees for the H-4 visas, but also the attorneys' fees.

J-1: J-2 dependents may apply to USCIS for an employment authorization document (EAD) but the salary cannot be part of the funding for J-1 activities.

Timing of Visa Acquisition at U.S. Consulate or Embassy

H-1B: Security checks currently running on all changes of status and all visa applicants. These can run several weeks.

J-1: Security checks currently running on all changes of status and all visa applicants. These can run several weeks.

Government Filing Fees

H-1B: Below are the latest government fees.

All fees are charged to the department. FedEx costs are paid by the department.

J-1: No fees involved for the first 60 months, other than SEVIS and visa fees at U.S. Embassy or Consulate.

Special provisions

H-1B: No 212(e) requirement.

J-1: Two year home residency requirement (212(e)) may apply if the J-1 is from a country that wants her educated people to return, is directly funded by a government source, or is in the U.S. to complete a medical residency. Please note that a waiver must be obtained prior to applying for a change of status to an H-1B or permanent residency ("green card").

Tenure/ tenure track

H-1B: Must fill a position that carries a CWRU staff title. May fill a tenure-track position.

J-1: May not fill a position that carries a CWRU staff title. May not fill a tenure-track position.

Selecting the Appropriate Status (Visa) for Your Candidate

There are many significant differences between H-1B status and the J-1 status including funding, duration, intent and spouse work authorization. The most appropriate status will be determined on a case-by-case basis. Please contact our office at 216-368-6964 with questions or concerns.