H-1B, J-1 Scholar and TN Comparison Chart

1
Comparison Chart of H-1B Employee, J-1 Scholar and TN Professional Worker
H-1B, J-1 and TN are the most commonly used visa categories at WSU to host/hire international scholars and faculty. The information below is general
in nature. Specific case may vary as unforeseen circumstance may arise such as an individual’s complex immigration history. Please contact IP-GS for
advice.
Glossary in the chart:
IP-GS
International Programs – Global Services
RO/ARO
Responsible Officer/Alternate Responsible Officer of a J-1 Exchange Visitor Program, usually staff at an international office.
DOL:
U.S. Department of Labor
USCIS:
U.S. Citizenship and Immigration Services
CBP:
U.S. Customs and Border Protection
Purpose
Eligibility criteria
Processing fees
General processing
time Actual processing
time varies depending
on actual internal
(involving the hiring/
hosting dept., the foreign
national beneficiary and
IP-GS workload) and
USCIS processing
times.
When to enter the U.S.
Change or addition of
a new employer or
sponsor
H-1B Worker
Apply for a foreign national who will
perform services in a specialty
occupation, services of exceptional
merit and ability relating to a
Department of Defense (DOD)
cooperative research and
development project, or services as a
fashion model of distinguished merit or
ability. See more at USCIS website.
•
The offered position must qualify
as a “specialty occupation” that
requires at least a bachelor’s
degree in a specific field as a
minimum entry to the occupation
in the U.S.
•
The offered salary must meet
DOL requirement.
•
The applicant must have met the
job requirements.
•
The U.S. employer must be
willing to petition H-1B for the
beneficiary and pay all relevant
costs.
Example of an eligible position:
Assistant Professor.
•
Total fee for regular H-1B
processing: $1325 (minus $500
fraud prevent fee for H-1B
extension/amendment)
•
Total fee for premium (expedited)
H-1B processing: $2550 (minus
$500 fraud prevent fee for H-1B
extension/amendment)
•
Regular processing: initiate case
with IP-GS 6 months or earlier
before the proposed employment
start date.
•
Expedite (premium) processing:
initiate case with IP-GS at least 3
months before the proposed
employment start date.
•
First time H-1B worker can enter
the U.S. up to 10 days before the
employment start date printed on
the USCIS H-1B approval notice.
Employer and employment specific
– each H-1B approval is attached to
each specific job/position and each
specific employer.
•
Any change(s) in employment
terms and conditions,
including but not limited to:
job title, salary, job location,
job duties, job requirements,
J-1 Scholar
Facilitate the exchange of ideas and
research in a variety of fields between the
U.S. and other countries, such as
collaborative research. J-1 Research
Scholar is a foreign national who enters
the U.S. for the primary purpose of
conducting research, observing or
consulting in connection with research
projects at research institutions, etc. J-1
Professor is for a foreign national who
enters the U.S. for the primary purpose of
teaching, lecturing, observing or consulting
at accredited post-secondary academic
institution, etc.
•
J-1 Research Scholar, Professor, or
Short-Term Scholar: at least a
bachelor’s degree.
•
English proficiency.
•
Must be hosted by a WSU unit that
will provide necessary administrative
support services.
Example of an eligible position:
Postdoctoral Research Associate,
temporary researcher working on a grantfunded research project, visiting scholar,
etc.
TN Professional Worker
Allow citizens of Canada and
Mexico, as NAFTA professionals, to
work in the U.S.in prearranged
business activities for U.S. or foreign
employers. Permanent residents of
Canada and Mexico are not eligible
to work as TN NAFTA professionals.
Learn more about TN nonimmigrant
status.
•
•
•
IP service fee $150
•
Evidence of Canadian or
Mexican citizenship. Landed
immigrants or permanent
resident of Canada or Mexico
do NOT qualify.
•
The offered position must be
on the NAFTA list.
•
The applicant must have met
the job requirements including
minimum a bachelor’s degree
in the field.
Example of an eligible position:
university teacher, scientist,
medical/allied professional.
•
•
•
Make a J-1 scholar request with IPGS at least 2 months before the
proposed appointment start date.
•
•
•
New J-1 scholar can enter the U.S.
up to 30 days before the J-1 program
start date printed in the DS-2019.
May do J-1 program transfer (change of J1 program sponsor) in the following
situations:
•
Remain in the same J-1 category (i.e.
Research Scholar, Professor, ShortTerm Scholar).
•
Have not maxed out the permitted
length of stay.
•
Have not obtained the
•
None for border entry.
For filing with USCIS, IP
service fee $200.
For filing with USCIS, USCIS
base filing fee $325.
For filing with USCIS, optional
USCIS premium processing fee
$1225.
Make a TN border entry
request with IP-GS at least 1
month before the proposed
employment start date.
Request a TN USCIS filing
case with IP-GS at least 6
months before the proposed
employment start date.
New TN is recommended to
seek border entry up to 10
days before the employment
start date printed in the original
official job offer letter.
Employer and employment
specific – each TN is attached to
each job and employer that has
been approved by USCIS or CBP.
•
Change(s) in the current TN
position may trigger a new TN
border entry or USCIS filing
which will incur new applicable
fee(s) and processing times.
2
•
Requirement of
reasonable costs of
return transportation
back to last residence
abroad
Time limitations
work hours, etc., must be
reported to IP-GS before it is in
effect as the change may trigger
a new H-1B petition incurring
new applicable fees and
processing times.
If H-1B amendment is
necessary, the change(s)
CANNOT be in effect until a
USCIS receipt notice has been
received.
The hiring unit is required to provide
reasonable costs of return
transportation back to last residence
abroad if an H-1B worker is dismissed
(for any reason, such as non-renewal
of employment contract, lack of
funding, unsatisfactory performance,
etc.) from employment by the
employer before the end date on the
H-1B worker’s USCIS H-1B approval
notice.
•
For each petition, can request up
to 3 years in increments with
USCIS, if the hiring unit is sure of
the funding for the position, such
as a permanent tenure-track
position (Assistant/Associate/full
Professor)
•
Limited to a total of 6 years of
stay in the U.S.
Two-year homecountry physical
presence requirement,
also known as 212 [e]
Not applicable
Grace Period
NO grace period. An H-1B worker
must exit the U.S. by the employment
end date except in an “authorized
period of stay.”
Visa application
requirement
Must apply for an H-1B visa for
border entry except Canadian
citizens who are exempt from
H-1B visa requirement.
•
H-4 dependents can study in the
U.S. without restrictions.
•
H-4 dependents cannot work in
the U.S. under any
circumstances.
Dual intent allowed
Family dependents
Immigrant or nonimmigrant intent
recommendation or approval of
waiver of 2 years home country
residence requirement (if it applies) if
extension period is included in the J-1
transfer.
•
Maintain lawful J-1 status.
•
Must be accepted by the new J-1
program sponsor.
Occasional outside lecture or
consultation: may engage in and be paid
if prior written approval has been obtained
from the J-1 sponsor program RO/ARO
who is usually an immigration advisor.
Does not apply.
•
•
•
J-1 Research Scholar or Professor:
limited to 5 calendar years in the
program.
•
J-1 Short Term Scholar: limited to 6
months.
•
J-1 Specialist: limited to 1 year.
•
J-1 Student Intern: Limited to 1 year.
•
J-1 student on Academic Training:
limited to 18 months, but 36 months
for post-doctoral training.
•
Not eligible for J-1 extension if
approval or recommendation of
waiver of 2 years home country
residence requirement (if it applies)
has been obtained.
•
If on the exchange visitor skills list
•
If funding is from the U.S./home
country government, or international
organizations directly or indirectly for
exchange purpose. For details, see
DOS website.
•
Implications of 212 [e]
If having completed J-1 program, there is a
30-day grace to prepare to leave the U.S.
No employment is allowed in the grace
period. Do not travel outside the U.S.
during the grace period as it may cause
complications.
Must apply for a J-1 visa for
border entry except Canadian
citizens who are exempt from
J-1 visa requirement.
•
J-2 dependent can study in the U.S.
without restrictions.
•
J-2 dependent may apply for
employment authorization document
with USCIS.
Non-immigrant
A new job or new employer will
trigger a new TN approval
either by border entry or
application with USCIS.
Does not apply.
•
Can request up to 3 years in
increments.
Can be extended indefinitely as
long as the employment
remains temporary in nature.
Not applicable
No grace period.
•
Canadian citizens are exempt
from TN visa requirement.
•
Mexican citizens must apply for
a TN visa for border entry.
•
TD dependents can study in
the U.S. without restrictions.
•
TD dependents cannot work in
the U.S. under any
circumstances.
Non-immigrant
Non-immigrant visa holders may apply for I-130 Petition for Alien Relative or I-140 Immigration Petition for Alien Worker if meeting eligibility criteria,
however may experience complication when applying for a non-immigrant visa. Please consult with a reputable immigration attorney for questions and
advice.

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