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Cornell University

International Services

Office of Global Learning

J-1 and H-1B Decision Guide

This chart compares the two most common scholar visa types at Cornell to help you evaluate advantages and disadvantages for your prospective international employee. Please reach out to International Services if you need additional advice on your case.

Purpose and Eligibility 

J-1 Exchange VisitorH-1B Temporary Worker
  • Exchange opportunity in research or lecturing and access to cultural and educational programs.
  • Prospective J-1 must have a minimum of a bachelor's degree and be working on an advanced degree (unless J-1 student intern).
  • Position requires academic or intern title. Tenure-track positions are not eligible.
  • Temporary employment in a specialty occupation requiring theoretical and practical application of a body of highly specialized knowledge.
  • Position requires bachelor’s or higher degree in a specialized field.
  • Position requires academic title.

Duration

J-1 Exchange VisitorH-1B Temporary Worker
  • J-1 professors and researchers: Up to five years.
  • J-1 short-term scholars: Up to six months.
  • J-1 student interns: Up to one year.
  • Up to six years total, in increments of up to three years.
  • Extensions beyond six years may be possible if certain steps of the permanent residency process are started before the end of the fifth year.

Requirements

J-1 Exchange VisitorH-1B Temporary Worker
  • Documents: DS-2019 certificate of eligibility issued by International Services. J-1 student interns also need DS-7002 training plan.
  • Changes in employment (position title, job duties, worksite, etc.) require approval from International Services before the change can occur.
  • J-1 visitor must 
    • Pursue academic program objective and engage in appropriate activities.
    • Meet minimum funding requirements (from any acceptable means).
    • Comply with regulations, including maintaining sufficient health insurance.
    • Not be subject to 12- or 24-month bars.
  • Documents: I-797 approval notice issued by USCIS. 
  • Changes in employment (position title, job duties, worksite, etc.) may require amended petition.
  • H-1B worker must 
    • Be paid the prevailing wage for the position.
    • Only be paid by Cornell.
    • Not be subject to the two-year home country requirement.

Unique Features

J-1 Exchange VisitorH-1B Temporary Worker
  • J-1 visitor must demonstrate intent to leave U.S. after completing program.
  • Two-year rule and bars may apply.
  • H-1B worker may have intent to live in U.S. permanently or leave (dual intent status).
  • Employer cannot place H-1B worker on unpaid leave for lack of work.
  • Employer must pay for return transportation if employment is terminated by employer before end date.

Fees

J-1 Exchange VisitorH-1B Temporary Worker
  • Departments are not required to pay any fees for J-1 scholar and student interns.
  • Fees may include
    • I-901 SEVIS fee
    • J-1 student intern fee (not applicable to J-1 scholars)
    • Additional fees if filing I-539 application, including optional premium processing
    • Additional fees for visa stamp applications
  • Some filing fees must be paid by the department. Scholars may be able to pay for certain fees if their salary remains above the prevailing wage. 
  • Fees usually range from a few hundred to (with optional premium processing) a few thousand dollars. 
  • Fees may include
    • Filing fee
    • Anti-fraud fee 
    • Optional premium processing fee
    • Additional fees for dependents and visa stamp applications

Processing Time

J-1 Exchange VisitorH-1B Temporary Worker
  • Five business days to create DS-2019 after International Services receives complete and accurate J-1 request.
  • Two ways to obtain J-1 status: 
    • Visitor can obtain a J-1 visa stamp at a consulate outside the U.S. May be subject to administrative processing or visa delays.  
    • If in the U.S., visitor can file I-539 application to change status to J-1. USCIS processing times vary, averaging at least several months (30 business days with premium processing). 
  • Approximately 15 business days to file H-1B petition with USCIS after International Services receives complete and accurate H-1B request.
  • USCIS processing times vary, averaging at least several months (15 business days with premium processing).
  • Workers outside the U.S. must obtain H-1B visa stamp at consulate and may be subject to administrative processing or other visa delays.

Dependents

J-1 Exchange VisitorH-1B Temporary Worker
  • Spouse and children under 21 may be eligible for J-2 status.
  • J-2 dependents may apply for employment authorization document (EAD).
  • J-2 earnings cannot be used to support the J-1 visitor.
  • Spouse and children under 21 may be eligible for H-4 status.
  • H-4 visa holders are not allowed to work under most circumstances.
    • USCIS accepts applications for H-4 work permission in limited situations when the H-1B primary beneficiary is in the process of obtaining permanent residency.

Outside Employment

J-1 Exchange VisitorH-1B Temporary Worker
  • J-1 visitors need authorization from International Services to begin any off-campus work and receive outside payment.
  • Substantial off-campus employment is not allowed. 
  • May only receive compensation for preapproved occasional lectures or consultations, if the activity is within the academic program objective.
  • H-1B workers can work for more than one employer, but each employer must file a separate H-1B petition.
  • Not eligible for honorariums. In some cases, H-1B workers can be reimbursed for travel costs.

Transfers

J-1 Exchange VisitorH-1B Temporary Worker
  • Transfer to another J-1 sponsoring institution may be possible if J-1 program objectives are continuing.
  • Change of H-1B employer requires filing a new petition with USCIS.

 

Next Up: Sponsorship Process