In many cases, post-doctoral researchers, professors and physicians working at America’s universities qualify in either the H-1B category or the J-1 visa category. Deciding which visa to pursue depends on a variety of factors:
Does your spouse need to work? Spouses of H-1B visa holders cannot work without qualifying for their own H-1B or another work visa. Spouses of J-1 visa holders can apply for work authorization simply because they are the spouse of a J-1.
How much time do I have before I start work? H-1B visas can take several months to process. J-1 visas can be received in about two to three weeks.
Will I be subject to any sort of home residency requirement after my visa expires? As many people know, many holders of J-1 visas are subject to a requirement that they return to their home country for two full years before they are permitted to apply for a change of status to a non-immigrant visa in the US (or an H-1B or L-1 visa even outside the US) or to apply for permanent residency. Those subject to the waiver include persons whose country and fields are listed in the United States Information Agency Skills List, persons who receive government funding and persons receiving graduate medical training. Getting a waiver can be extremely difficult and expensive. H-1B visas are not subject to nearly as tough a requirement. Someone in H-1B status may keep the visa for up to six years and then must leave the country for a year before than pursue the H-1B visa again. But they can avoid leaving if they switch to another non-immigrant category or to permanent residency in the meantime.
Will applying for permanent residency hurt my chances of getting or renewing the visa? The H-1B visa is a dual intent visa. This means that applying for permanent residency will not be considered negatively when deciding on approval of the visa. The same is not true for the J-1 visa. It is still necessary to prove an intent to return to one’s home country upon conclusion of the visa and applying for permanent residency will hurt one’s chances of receiving the visa.
Can I pursue a tenure-track position? Yes for the H-1B visa. No for the J-1.
Must my employer pay the prevailing wage? For H-1B visas, employers must demonstrate that they are paying at or close to the wage made by the average person in the job category in that particular geographic area.
Many universities prefer the J-1 program because after the program is established it is easy to bring in J-1 visa holders in large numbers very quickly. Individual H-1B applications are tougher to prepare and slower in coming. H-1B sponsors are also potentially subject to greater penalties for violating the terms of the program. Nevertheless, in many cases, the university will sponsor someone as an H-1B instead of a J-1 if the employee specifically requests this. This is especially true when the employee’s services are in great demand.
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