J-1 VS



Office of International Affairs 1020 Locust Street, Alumni M-70

(215) 503-4335/4023/4024



J-1 or H-1B for a Researcher Coming to Jefferson from Abroad:

Information to Help You Choose

| |J-1 |H-1B |

| |Research Scholar |Professional Non-Immigrant Employee |

|Purpose | | |

|Form |DS-2019 |LCA (DOL) and I-129 filed with USCIS-Approval on Form I-797 A |

| | |or B. |

|Funding Source |Funding may come from the sponsoring |Must have a regular full-time employee position with TJU, TJUH,|

| |Department, researcher’s home institution |or JUP in order to be eligible for an H-1B. Part-time positions|

| |or government, US government, private |are not eligible for H-1B sponsorship at Jefferson. |

| |funding source or any combination of these.| |

|Maximum Length of Stay |The DS-2019 can be issued for up to 5 years|6 years—may request up to three years at a time for a maximum |

| | |of 6 years. (Under certain circumstances additional time may be|

| | |requested.) |

| |One-time SEVIS Fee of $180 paid by |$325 filing fee for I-129 and $500 fee which must be paid by |

|FEES* |researcher. |the hiring department at Jefferson. Also, possible $1,225 |

| | |expedited processing fee. |

| | | |

|*Does not include fees for visa and visa processing | | |

| | | |

|Processing Time* | |Once all required documents are received, OIA needs 10-12 weeks|

| | |to prepare the forms and file the petition with USCIS. Current |

| |The desired start date should be no less |USCIS processing time for initial I-129 petitions is three to |

|*Does not take into account time needed for the |than 6-8 weeks from the date the |four months. Once the H-1B approval is received, OIA prepares a|

|individual to pass security clearance and obtain |application is submitted to OIA. Once all |package which is sent by FedEx to the prospective employee, who|

|Visa stamp. |required documents are received, the |then schedules the appointment with the US Embassy or |

| |DS-2019 packet will be available for pickup|Consulate. |

| |at OIA within 2 weeks. The department then | |

| |sends the packet** to the researcher, who | |

| |will contact US Embassy or Consulate for | |

| |appointment. | |

| | | |

| |**Must be sent by FedEx or other | |

| |international courier. | |

|Documenting |J-1 visa applicant must convince US |H-1B applicant does not have to convince US Consular Officer of|

|Non-Immigrant Intent |Consular Officer of intention to return to |intention to return to home country. (Dual Intent) |

|to US Consular Officer |home country. | |

|Health Insurance & Benefits | |The Department of Labor requires the employer to offer the H-1B|

| |The Department of State has mandated that |non-immigrant employee the same benefits on the same basis and |

| |all J-1s and their J-2 dependents must |in accordance with the same criteria as those offered to |

| |carry health insurance including |similarly employed U.S. workers. |

| |repatriation and medical evacuation. | |

| |(Specific minimums have been established.) | |

| |DOS holds the J-1 Researcher responsible | |

| |for carrying appropriate insurance for | |

| |him/herself and all J-2 dependents. | |

|Institution’s Responsibilities | | |

| |OIA must register J-1 researchers in the |Must make a series of attestations to DOL concerning the wages |

| |SEVIS system within 30 days of the program |for, working conditions of and benefits offered to H-1B |

| |start date or the record will be |employees. Must pay the required wage for any period of time |

| |automatically invalidated. If the Exchange |spent in non-productive status due to the decision of the |

| |Visitor delays start-date, it must be |employer or the H-1B non-immigrant worker's lack of a permit or|

| |adjusted prior to arrival on SEVIS. OIA is |license. Must notify OIA when H-1B worker leaves Jefferson |

| |also required to update changes of address,|prior to the end of his/her |

| |financial information, and program |H-1B approval period. |

| |information, including: early completion of| |

| |program, extensions or terminations in the |Obligated by law to pay for the H-1B employee's return fare to |

| |SEVIS system. |his or her home country if for any reason Jefferson terminates |

| | |his or her employment prior to the expiration of the H-1B |

| | |approval period. |

|Dependents | |Dependent(s) classified as H-4. |

| |Dependent(s) classified as J-2. |Dependent(s) applies at an embassy or consulate for H-4 |

| |Each J-2 dependent must have a DS-2019. |classification with H-1B does not need separate I-797 approval.|

| |Extra financial documentation required for |H-4 dependent is not permitted to work in the US. |

| |each J-2 dependent. J-2 dependent may apply| |

| |to the USCIS for work permission after | |

| |entry into the US. | |

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