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J-1 & H-1 Compared

J-1 Status:  Exchange Visitors

The "J" designation of non-immigrant status is quite broad.  It is the "exchange visitor" category, and within it fall numerous subcategories, such as scholar, professor, specialist, student intern, and student.  Hosting departments may find that the J category is most appropriate for many of the international scholars they invite, particularly those who are here for a relatively short period of time and/or who may be supported by sources other than university employment.  There are, however, some important restrictions related to J status and its various categories, which departments should consider when determining the best immigration status for their visitors to pursue.  For example, the J status may not be used for employees in a tenure track position, and if the visitor is funded by government sources (either their own or of the United States), he or she may be subject to a mandatory 2 years of residence in the home country prior to returning to the United States in an employment-based status or as a permanent resident.  Other considerations are involved, and the immigration specialists at the Office of International Students and Scholars will be glad to advise departments as to their options and answer any questions or concerns regarding the J status.

H-1B Status:  Temporary Professional Workers in a Specialty Occupation

The "H-1B" designation is significantly more narrow than the J exchange visitor status.  This designation is specifically for employment in a specialty occupation, which is generally defined as an occupation requiring a specific set of technical skills and, at minimum, a bachelor's degree or equivalent.  The category is described as "temporary" because the status is limited to a maximum duration of six years; after six years of authorization for H-1B status, the employee may not obtain further H-1B authorization unless he or she first departs the United States for at least one year, or has filed a qualifying permanent residency petition which has been pending for at least 365 days as of the end of the six years of H-1B eligibility.  H-1B status requires that the employer obtain certification of a "Labor Condition Application" from the U.S. Department of Labor, which includes the employer's attestations regarding the wage to be paid to the employee and other conditions to be met by the employer.  At the University of Arkansas, only the Office of International Students and Scholars is authorized to process H-1B employment petitions on behalf of the institution.  Departments wishing to hire an individual in the H-1B category should contact ISS for assistance, and should be mindful that the overall process takes time.  Generally speaking, the department should allow 30 days for preparation and submission of the H-1B petition AFTER all necessary documentation is received from both the department and the employee.

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