Visas are circumstance dependent and vary depending on the needs of the student or professional. For more information, consult the individual visa pages.
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.
|Positions/Titles||Must be filling a position that carries a Case Western staff title.||Cannot be filling a position that carries a Case Western staff title.|
|Timing of Request||Request must reach our office 90 days in advance of anticipated start date||Request must reach our office 90 days in advance of anticipated start date|
|Funding||Must be on Case Western Reserve payroll||Can be funded by our institution; home institution; home government, U.S. government; self-sponsored or a combination of these sources.|
|Duration of Appointments||Up to 3 years per filing; maximum of 6 years.||1 year per filing; maximum of 5 years|
|Government Filing Fees||$960 for first filing; $460 for subsequent filings. Must be paid by the department. Plus applicable visa fees.||SEVIS fee ($180) and applicable visa fees.|
|Premium Processing Available||Yes.||No.|
|Intent||Dual intent||Requires individual to have non-immigrant intent. Individual may be subject to INA 212(e) two-year home residency rule.|
|Spouse and Dependents||Spouse and children under 21 are permitted to accompany the employee by obtaining H-4 dependent status and visa. Employment authorization generally not available.||Spouse and children under 21 are permitted to accompany the employee by obtaining J-2 dependent status and visa. Employment authorization available for spouse.|
Case Western Reserve University Employment
H-1B: Job and location specific. Must ONLY work at the job listed on the H-1B petition. 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 Director of 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 $1,410. 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.
H-1B: Must be on CWRU payroll.
J-1: Funding may come from a variety of sources, including self-funding.
H-1B: Minimum stay is 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.
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
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.
H-1B: Please contact IHRS for latest government fees. FedEx costs are paid by the department.
J-1: No fees involved for the first 60 months.
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.