Many teachers come to the United States under either the J-1 or H-1B category. But what are the differences? MANY! Below we will examine some of those differences.
Purpose
A J-1 is intended to promote cultural exchange within specific employment categories, such as teaching in accredited primary and secondary schools in the United States. Exchange teachers enhance their professional skills and participate in cross-cultural activities within the school and community. The intent is that the teacher returns to their home school after the exchange to share their experiences and increased knowledge of the United States and the U.S. educational system.
An H-1B is meant for temporary employment in a specialty occupation that requires theoretical and practical application of a body of highly specialized knowledge. This visa is meant to help employers who cannot fill specialized positions from the U.S. workforce by authorizing the temporary employment of qualified individuals.
Eligibility
J-1 exchange teachers must meet the following requirements:
Qualified to teach in primary or secondary schools in their country of nationality or country of last legal residence;
Working as a teacher in their home country or country of legal residence at the time they apply for a J-1;
If they are not working as a teacher, they must meet the other eligibility requirements and:
Have completed an advanced degree within 12 months of applying for J-1; and
Have two years of full-time teaching experience within the previous eight years
Earned a degree equivalent to a U.S. bachelor’s in either education or the academic subject they intend to teach in the U.S.;
Have a minimum of 24 months of teaching or related professional experience;
Be eligible to teach in the U.S. state where they intend to work;
Be of good reputation and character;
Seek to enter the U.S. to teach full-time at an accredited educational institution in the U.S.; and
Be sufficiently proficient in the English language.
H-1B temporary teachers must meet the following requirements:
Have a U.S. bachelor’s degree, foreign equivalent, or a combination of education, specialized training, and experience that is equivalent to a U.S. bachelor’s;
A teaching certificate in the state of employment;
Be entering into a position that requires a U.S. bachelor’s degree or higher in a specialized field; and
Be entering into a position that requires a teaching certificate in the state of employment.
Duration
J-1 teachers may stay up to five years. H-1B holders may generally stay up to six years, but may extend their H-1B status with employment-based legal permanent residence sponsorship.
Unique Features
For J-1, a third party agency is the sponsor and thus involved in the process. The sponsor must enter into a formal agreement with the host school and stay involved throughout the teacher’s employment through notice requirements, check-ins, etc. One of the most unique features of a J-1 is the two-year home residency requirement, where (in many cases) the J-1 teacher must return to their home country and physically remain there for a total of two years after the completion of their program. Further, a J-1 does not allow for “dual intent,” meaning the J-1 holder may not pursue permanent residency in the United States while in J-1 status.
H-1B, on the other hand, allows for dual intent. Additionally, the employer must pay for return transportation of the H-1B teacher if their employment is terminated by the employer before the original H-1B end date and the teacher does not transfer their H-1B to another employer.
There are more nuances to each status that are not here. We encourage you to contact our firm to learn more about the specifics of each individual teacher and more unique features of their status. Use the Book Consult or Contact Us form to reach out and find out how we can assist your school district.
Sources:
“H-1B Program.” DOL, www.dol.gov/agencies/whd/immigration/h1b. Accessed 13 Nov. 2024.
“Teacher Program.” U.S. Department of State, U.S. Department of State, j1visa.state.gov/programs/teacher. Accessed 13 Nov. 2024.
“H-1B Specialty Occupations.” USCIS, 18 July 2024, www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations.
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