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. May 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. Generally, no other employment is permitted unless that employer has filed a "concurrent" H-1B.  

J-1: Must engage in the activity described on 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 VISA Office.

Timing of Requests

H-1B: H-1Bs require that a Labor Condition Application, which certifies that the employer is paying the appropriate wage for the position in the area of employment, be approved by the U.S. Department of Labor and included with the H-1B petition. This process takes at least one week. The H-1B petition is then filed with U.S. Citizenship and Immigration Services (USCIS). Regular processing typically takes approximately 4 months. Premium processing is available for an additional fee (as of 2/26/2024, $2,085).

When planning a new hire, please provide the VISA Office at least 3 - 6 months' notice.

J-1: DS-2019 forms are completed internally by our office after validating the J-1 in the SEVIS database. While it does not usually involve filing a petition with USCIS, all supporting documentation is required before processing. Please provide the VISA Office with at least 90 days' notice.

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 that documentation:

1. Includes the scholar's name
2. Has been issued within the past 6-months
3. Is provided in English
4. Includes currency conversion, if not in U.S. dollars
5. Is issued on letterhead
6. Includes a signature

Duration

H-1B: Our office cannot process H-1B requests for more than three years. Requests for less than a year will be considered on a case-by-case basis. Extensions are available to the 6-year maximum stay. Extensions beyond the 6-year maximum may be available if the H-1B worker has spent time abroad which can be recaptured, if the H-1B worker filed a labor certification or immigrant petition before the end of the 5th year in H-1B status, or if the H-1B worker has an approved immigrant petition and is subject to per-country limitations which have resulted in immigrant visa backlogs.

J-1: Minimum stay is 21 days. Maximum stay is 60 months. Note there is no minimum stay for J-1 Short-Term Scholars.

Effects on H-4 or J-2 spouse

H-1B: Generally, H-4 dependents may not work in the U.S. However, if an H-1B worker has an approved immigrant petition, an H-4 spouse may apply for employment authorization by filing Form I-765 with USCIS. H-4s may change status to H-1B if they qualify. Foreign nationals are responsible not only for filing fees for the H-4 status, but also the attorney fees, if any.

J-1: J-2 spouses may apply to USCIS for employment authorization, but the salary cannot be considered as funding for J-1 activities.

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

H-1B: Procedures for applying for visas at U.S. consular posts abroad vary considerably by post and time of year, and can take anywhere from a few days to several months. The VISA Office recommends that applicants consult the State Department website for current wait times at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.

J-1: Procedures for applying for visas at U.S. consular posts abroad vary considerably by post and time of year, and can take anywhere from a few days to several months. The VISA Office recommends that applicants consult the State Department website for current wait times at https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.

Government Filing Fees

H-1B: Current USCIS filing fees are available at https://www.uscis.gov/forms/filing-fees.

USCIS and legal (if any) fees are charged to the department. FedEx costs are paid by the department.

There is also a fee that must be paid to obtain a visa at a U.S. consular post.

J-1: SEVIS fee and visa fees at U.S. consular post.

Special provisions

H-1B: No 212(e) requirement.

J-1: Two year home residence requirement (212(e)) may apply if the J-1 visa holder's field appears on their home country's Skills List, if their activities are directly funded by a government source, or the visitor is in the U.S. to complete a medical residence. Please note that a waiver must be obtained prior to applying for a change of status to an H-1B or permanent residence ("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 Visa Status for Your Candidate

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