|J-1 Exchange Visitor||H-1B Specialty Occupation Worker|
|Government agencies involved||U.S. Department of State||
U.S. Citizenship and Immigration Services (USCIS) as part of U.S. Department of Homeland Security (DHS)
U.S. Department of Labor (DOL)
|Requirements||Bachelor's degree and specialized knowledge||Bachelor's degree in specialized field and any additional job requirements.|
|Caltech employment||Must engage in academic or research activities listed on DS-2019 immigration document at Caltech.||Must work at Caltech job listed on H petition.|
May do occasional and incidental employment with other employers as long as it is related to the field of study. Must be authorized by ISS.
No sustained employment with any other employer.
No employment with another employer unless that employer has filed a concurrent H petition.
No "honoraria" payments or outside consulting.
|Funding||Funding can come from a variety of sources, including self-funding.||
Must be on Caltech regular payroll.
U.S. Department of Labor Prevailing Wage requirements.
|Timing of paperwork||
J-1 DS2019s are completed in the ISS office. ISS can produce the DS-2019 in relatively short order once we have all the supporting documentation. Allow time for Divisional process.
Js may involve a petition to immigration for change of status cases.
H-1Bs involve ISS consultation with USCIS and USDOL. Estimate time: 2-5 months.
Premium processing is possible for an additional $1,440 fee to DHS, cutting processing to 15 business days. Allow time for divisional processes as well.
ISS produces the DS-2019 at no cost to the Divisions or to the individual. ISS covers all FedEx costs for the Divisions.
J-1 pays one-time SEVIS fee.
|ISS files the H-1B petitions with USCIS at no cost to the Divisions. The Division covers DHS fees (consult ISS for amounts.) The individual covers DHS fees for any dependents. ISS covers all FedEX costs for the Divisions.|
|Duration||Can be up to 5 years.||Can be up to 6 years, but each petition can be no more than 3 years.|
|Taxes||Scholars in J-1 status are more likely to be able to take advantage of significant tax benefits and tax treaties.||Scholars in H-1B status are more likely to be taxed fully on worldwide income, much like U.S citizens.|
|Dependents||J-2 dependents can apply for work authorization, but salary cannot be part of the funding for J-1 activities.||H-4 dependents are not eligible to receive work authorization. They may apply for their own status, if qualified.|
|Visa applications||J-1s must show ties to the home country. Security clearances are possible.||Security clearance possible, which can run several weeks.|
|Immigrant intent||Generally incompatible.||Dual-intent, may apply for permanent residency.|
|212e/Two year home residency requirement||
Two-year home residency requirement may apply if individual is from a country that wants her educated people back, is directly funded by a government source, or is in the U.S. to complete a medical residency. Please note that this requirement is a bar to a later H or permanent residency (green card).
J-1 scholars who are subject to this requirement may apply to have the requirement waived.
|No two-year home residency requirement. To be eligible for H-1B status, scholars must not have 212 (e), the two year home residency rule, pending.|
|Tenure, tenure track||Js can't be used for tenure-track or tenured positions.||Most appropriate. Typically involves immediate discussion of sponsorship for permanent residency (green card).|