J-1 to H-1B Visa Transfer: Complete Guide

The J-1 and H-1B visas are both temporary nonimmigrant visas that allow foreign nationals to live and work in the U.S. However, the J-1 is based on programs, while the H-1B uses employers as sponsors. There is a limited list of occupations that qualify for the J-1, while the H-1B allows people from a wide range of jobs to apply. If you have a J-1 visa and are interested in changing your status to an H-1B, this article will cover the entire process, including the processing time, J-1 waivers, fees, and more.

To make the switch from any non-immigrant visa status to the H-1B, you will have to start the H-1B process from square one. This will require:

• Finding an employer to sponsor you.
• Having them enter your registration into the annual H-1B lottery if that employer is subject to the CAP.
• You will need to have a specialty position with that employer and also possess at least a bachelor’s degree for the position.

The H-1B lottery is the most important factor when considering switching from J-1 to H-1B status. Each year, the USCIS allocates 65,000 regular CAP and 20,000 spots available to petition for beneficiaries with advanced degrees.

If your petition is chosen, then you can begin working as an H-1B employee no earlier than October 1st of that same year.

J-1 to H-1B Change of Status

A J-1 to H-1B change of status requires careful planning. Both visas offer unique benefits and limitations, and understanding these is crucial before applying.

What is the Process for a J-1 to H-1B Transfer or Change of Status?

For an H-1B visa subject to the annual cap, the application process begins long before the new fiscal year starts on October 1st. Due to high demand, employers must first register you in an electronic lottery, which typically occurs in March. If selected, the employer can then file a petition for a work start date of October 1st or later.

However, some J-1 visas come with a two-year home residency requirement. This rule requires you to go back to your home country for two years after completing your J-1 program before applying for a work-based visa or green card.

There are exemptions to the home residency requirement through a J-1 waiver. A J-1 waiver effectively removes this two-year obligation if you meet the necessary criteria.

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J-1 Waiver Requirements

There are five statutory bases from which you can apply for a J-1 waiver. These include:

• No Objection Statement
• Interested Government Agency in the U.S.
• Claim of Persecution
• Claim of Exceptional Hardship
• Request from Designated State Health Agency

Once you have your waiver, you will need to find an employer to sponsor you and enter you into the H-1B lottery.

If your registration is selected in the lottery, then it will go on to processing. Keep in mind that just because your registration was selected, it doesn’t mean that it was approved. It can still be rejected or denied at the petitioning stage. If it is approved, your earliest start date will be October 1st of that same year. If your registration is selected, only then will your sponsor file a petition.

Not all H-1B petitions are subject to the CAP. CAP-exempt petitions are those that:

1. Are filed by a cap-exempt sponsor, which is either an institute of higher education, a nonprofit organization associated with an institute of higher education, or a governmental research center.
2. Were previously counted against the CAP. This is common for an individual looking to change employers.
3. Are intended to extend or lengthen the H-1B worker’s time in the country (visa extension)
4. Change the employment terms for current H-1B employees (i.e., location, responsibilities, duties, etc.)
5. Transfer an H-1B status to a different employer
6. Allow the worker to be employed in a second position

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Advantages and Disadvantages of the H-1B Visa

Advantages of the H-1B visa

The H-1B visa offers several advantages over the J-1 visa, including:

• Longer stay: One of the major advantages of an H-1B visa is that it permits a maximum period of stay of six years, whereas a J-1 visa for researchers and professors is valid for a period of up to five years.
• Pathway to Extensions: Moreover, if an individual with an H-1B visa also has a Labor Certification or a pending I-140 for a year or more, they may request extensions (yearly) until their status is adjusted to Permanent Resident.
• Dual Intent: On the other hand, H-1B visa status has what’s known as “dual intent,” which means that an H-1B holder could theoretically have a pending green card application and still re-enter the country on their H-1B status. Another advantage of the H-1B over J-1 status is that the latter assumes non-immigrant intent. This means that the individual is expected or encouraged to leave the United States upon completing their program.
• No Home Residency Requirement: The H-1B also does not carry a home residency requirement. H-1B holders can more easily extend their status, change their status to a different visa, or seek permanent residence without having to file a waiver.
• Processing Time: With premium processing, your case can be processed within 15 business days.
• Self-Petition: If you form your own U.S.-based company and establish a valid employee-employer relationship, then you potentially have that act as your employer and self-sponsor yourself.

Disadvantages of the H-1B Visa

There are strict annual caps, a lottery-based selection process, and higher costs for employers with the H-1B visa.

Recent policy changes, including the proclamation Restriction on Entry of Certain Nonimmigrant Workers, introduced a $100,000 entry fee for new H-1B petitions that employers are subject to pay. This steep fee makes it harder for small to mid-size companies to sponsor employees, discouraging them from hiring foreign workers. This policy is subject to ongoing changes.

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Advantages and Disadvantages of the J-1 Visa

Advantages of the J-1 visa

There are several advantages when it comes to opting for a J-1 visa over an H-1B visa, including:

• No LCA requirement: Unlike the H-1B visa, the J-1 visa does not require an LCA, which, as a result, means there is no need for a Prevailing Wage determination.
• Faster Visa Stamping: Once you receive your DS-2019 form, you can apply for a J-1 visa stamp directly at a U.S. Consulate abroad, whereas an individual applying for an H-1B must receive an approved petition from USCIS before applying for their visa.
• Dependent Work Authorization: J-2 visa holders (dependents of J-1 holders) can usually seek employment authorization without having to file an I-140. While the H-1B allows dependents to work in the U.S. through their H-4 status, this is not granted automatically. An H-4 holder will need to apply for Employment Authorization Documents, which are only granted if the principal H-1B holder has an approved I-140 petition for a green card filed with the USCIS.
• No Annual Cap or Lottery: The J-1 is not subject to an annual cap, so there is no lottery involved with the application process. This means that your status approval is not up to chance, and you can likely plan your future in the U.S. more easily.
• Potentially Longer Stay: J-1 visa holders can sometimes stay in the U.S. for longer than H-1B holders. The period of stay for a J-1 varies depending on the length of the program, so some government workers and visitors may be able to stay for up to 10 years or more. H-1B holders may be able to stay for longer than the typical six-year maximum, but they must have an approved I-140 filed with the USCIS.
• Lower costs: The J-1 visa is cheaper to apply for than the H-1B visa.

Disadvantages of the J-1 Visa

Based on the regulations of the J-1 visa, you are not permitted to work for another company while on J-1 visa status unless you have received special authorization. On the other hand, the H-1B allows you to switch companies through a transfer and even work for multiple employers through a concurrent filing.

Another disadvantage is that if you decide to withdraw from the J-1 exchange program, you will NOT have a grace period. In other words, you’ll need to notify your sponsor, and then you’ll need to leave the United States immediately. If you stick it out until the end of your program, you’ll have a 30-day grace period before having to leave. Of course, if you change from a J-1 to an H-1B visa, the details of your “grace period” may change.

J-1 to H-1B Processing Time

It takes around 6 to 8 weeks to process a no-objection statement for a J-1 visa waiver. Once that is approved, you can immediately apply for the H-1B visa. On average, VisaNation is seeing H-1B visas processed under 3 months, and then under 15 days with premium processing. However, it may take longer if RFEs are issued or other issues come up.

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Key Distinction Between J-1 and H-1B Visas

J-1 exchange visas are intended for individuals who will participate and/or promote knowledge, skills, or exchange in the field of education, sciences, or arts. These categories include scholars, scientists, college students, medical graduates, professors, etc.

In order for it to be an exchange, it’s expected that the individuals will exit the United States once the program has reached its completion and return to his/her home country. The H-1B visa, on the other hand, is an employment category for an organization to hire non-immigrants who will exercise their skills in a specialty occupation.

Additionally, the H-1B has dual intent, which we explained was the ability for a non-immigrant visa holder to pursue a green card. If you are a J-1 holder, you will need to be careful about how you approach getting a green card. In fact, getting an H-1B may be an appropriate route to avoid issues with your immigration intent. Many J-1 visa holders choose to change their status to H-1B to gain a green card.

J-1 to H-1B Visa FAQs