Visas are circumstance dependent and vary depending on the needs of the student or professional. For more information, consult the individual visa pages.
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. Please see the mandatory minimums a J-1 Scholar must show to establish adequate financial support.
|Category||Per Month||Per Year|
|J-2 Child||+$250 per child||+$3000 per child|
**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:
- The scholar's name
- Issued within the past 6-months
- Provided in English
- Includes currency conversion, if not in U.S. dollars
- Issued on letterhead
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.
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.
|H-1B Base Fee||$460||Every H-1B filing.|
|H-1B Fraud Prevention Fee||$500||For first H-1B and H-1B transfers|
|H-1B Premium Processing Fee||$1410||*See IHRS.|
All checks should be made payable to: U.S. Department of Homeland Security (Supplier ID: 0000035312). For further assistance in making check requests, see: How to Request Checks for Visa Requests.
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.
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.
|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 ($220 as of 06/24/2019) 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.|