The Difference Between J, H, and B Visas

Please note that the following information is meant to be used only by Florida State University faculty, staff, students, and potential visitors to Florida State University and only in the context of international visits to FSU specifically. It is not intended to be used and should not be construed as general legal advice.

If you are an inviting department or a potential visiting scholar, you may find the variety of immigration statuses a bit confusing. It is sometimes unclear which would best fit a visitor's intended program. The following information can be used as a guide in determining what status would be best, but please feel free to contact the International Center.

J-1 - Exchange Visitor - This status is intended for temporary, relatively short-term (5 years or less) programs of research, teaching, lecturing, observing, consulting, training, or demonstrating special skills, at the end of which the visitor intends to return to his or her home country. There are several categories of the J-1 status which allow a specific range of the activities listed above. The International Center will determine which category is appropriate based upon the description of activity and length of stay given on the request for a J program. Departments and scholars should feel free to review the definitions, though, to determine whether or not their proposed program fits within any of the categories available at FSU, or may fit within a different immigration status:


J-1 Scholars can come paid by FSU, paid by their home university or home government, paid by U.S. government funds, or on personal funding alone, but sufficient funds for their and any dependents' stay must always be demonstrated. The minimum requirements for funding are listed on the request for a new program on the Visa Information page.

Requests for unpaid scholars must demonstrate that there will be a clear collaborative project with FSU faculty and adequate support (computer use, office space, e-mail access, etc.) from the department for the scholar to complete their project. Completely independent research does not fit within the definitions for a J-1 scholar. If a visitor intends to work completely independently, a tourist visa is most appropriate.
There are special considerations that can affect the decision to pursue J immigration status.
  • No tenure track or "permanent" positions permitted;
  • Scholars in J status may be subject to the two-year residence rule;
  • Scholars in J status are required by law to have insurance coverage for themselves and their dependents
    • This can cause an immediate and significant expense for scholars who may not receive a paycheck for several weeks.
    • Dependent coverage is very expensive.
  • Scholars in J status can lose their status and no longer be employable for a variety of acts of negligence (advertent or inadvertent), see SEVIS Reporting. Departments have little recourse for continuing the scholar's employment if the scholar fails to maintain status for one of these reasons;
    • Scholar must prove non-immigrant intent - that they intend and are likely to return home at the end of their program;
      • This may be difficult for the scholar to prove if they have been studying outside their home country for several years and/or if they are applying for a visa at a consulate outside their home country.
    • Scholar must pay an additional $100 SEVIS fee, in addition to fees for visa processing which are normally around $100 also;
    • Scholar must be proficient enough in English to complete their project (the consulates informally evaluate English proficiency in the visa interview);
    • There are some restrictions on scholars who have previously visited the U.S. as a J-1 Research Scholar or Professor; please see One-year bar; and
    • Scholars may not change the original objective of their stay (for example, someone studying chemical physics may not start a different project in chemistry without exiting the U.S. or changing immigration status).
    • Scholars may be approved for incidental employment in order to receive honoraria for lectures.

Departments should allow at least 60 days for the scholar to receive their visa and arrive in the U.S. Processing time for the DS-2019 form through the International Center is normally 1-2 weeks, but getting a visa appointment and the visa issued can often take 5 weeks or more. Visa processing can also be significantly delayed for a variety of sensitive fields and for nationals of certain countries; see Security Checks.

The general regulations governing J-1 immigration status are at http://www.exchanges.state.gov/education/jexchanges/about/regulations.htm.
To request a new scholar from abroad, a scholar transferring to our program, or a scholar changing to J-1 status, please go to Visa Information.

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H-1B1 - Temporary Worker for "Specialty Occupation" - This status is intended for "an alien … to come to the United States temporarily to perform services or labor for, or to receive training from, an employer, if petitioned for by that employer" (8 CFR Part 214(g)). A scholar may come to FSU specifically under H-1B1 "specialty occupation" subcategory for an initial period of 3 years, an extension period of 3 years, and potentially longer in certain circumstances.

The H-1B1 status does not require the scholar to prove that he or she intends to return to their home country. The scholar may have dual intent to possibly return home or possibly stay indefinitely in the U.S. (through a later application for permanent residency).

A scholar coming under H-1B1 status must be paid a salary, and that salary must meet certain minimum requirements. This is meant to ensure that an employer does not pay a foreign worker less than they would pay any other U.S. worker. The employer must also essentially commit to that wage for a set amount of time of employment, or pay for return travel home if the employee is dismissed prior to the petition period.

A variety of employment is permitted under the H-1B1 status - tenure track, permanent, primarily administrative or technical, part-time or full-time. The position must require at least a bachelor's degree, though.

Special considerations for H-1B status:
  • Completing the entire petition and gaining approval for an H-1B1 can take several months. The processing time through USCIS can be cut by applying for premium processing and paying an extra $1,000, but processing through the department and the IC can still take some time - the process is very complex;
  • Filing fees for the H-1B1 are separate from visa processing fees and are payable by the employer. The filing fees the employer must pay are $690. There may be additional applicable fees for dependent (immediate family) form processing or premium processing - these may be paid by the employee;
  • Employee must have at least a bachelor's degree and all minimum requirements for the position;
  • Any changes in employment must be approved by USCIS through a new H-1B1 petition;
  • Incidental employment, like receiving honoraria for lectures, is normally not permitted;
  • Part-time employees must keep a time sheet and employers are responsible for this record-keeping;
  • Travel while an H-1B1 application is pending voids the application, and the employee must travel again to apply for the visa abroad;
  • Employees can use "portability" to begin work relatively quickly if they are already in H-1B1 status with another U.S. employer;
  • Employee has no English language requirement;
  • Employees abroad will still need to schedule a visa interview and await visa processing, which can take 5 weeks or more; and
  • Anyone who has previously been in any J status (student, scholar, dependent), who is subject to the Two-year Residence Requirement and who has not fulfilled or received a waiver of the requirement is not eligible for H-1B1 status.

Click here to view General H status regulations
To request an H-1B employee, please download the H1-B Visa Request form.

B-1/WB - Tourist for Business - The tourist visa for business (B-1) or visa waiver program for business (WB) may be appropriate for some scholars coming temporarily for a short time to FSU, who will not be "employed".

Tourist status may be appropriate for those coming for a lecture, conference, or seminar or for those pursuing independent research. If an alien is seeking to gain practical experience during their stay, though, they must seek J status (9 FAM 41.31).

If a B-1 visitor ultimately intends to study in the U.S., they should state this upon entry to the U.S. and they should not begin study until a valid change of status is approved, otherwise they may seriously jeopardize their immigration status and ultimately their educational goals. Those entering under the Visa Waiver Program (receiving only a stamp at the port of entry - no visa from a consulate) may not change status in the U.S. at all. They must leave the country to obtain a new status.

Those who come in B-1 or WB status may be paid an honorarium provided they are on our campus for no more than 9 days (they may tour up to 4 other universities in a six month period and be paid honoraria, provided they stay for no more than 9 days on those campuses also). Visitors in B-1 status may be reimbursed for reasonable incidental and per diem expenses. They must be in B-1 or WB status to receive reimbursements and per diem expenses; those with B-2 or WT status are considered tourists for pleasure and are generally not eligible for payment. Those in tourist status must be paid as subcontractors, and may not be paid as employees, as these statuses prohibit employment.

The B-1 visa must be obtained at a U.S. consulate abroad. The B-1 visa is sometimes granted for a very long period of time. It is important to note that the visa simply allows the visitor to enter the U.S. many times within the visa validity. The port of entry actually gives the visitor their immigration status and determines how long the visitor may remain in the U.S. The maximum amount of time given in B status is 6 months. Visitors and departments should carefully review the I-94 card, though, to determine exactly how much time the visitor was given. The maximum is not always automatically given.

The Visa Waiver Program allows citizens of certain specific countries to enter the U.S. for a period of 90 days, provided they have a machine readable passport (there are specific requirements for an integrated chip in the passport for passports issued within certain timeframes), an intent to return home at the end of their stay, if flying, a return ticket to another non-contiguous or adjacent foreign destination, and are not otherwise inadmissible. Further information on the Visa Waiver Program, including countries eligible and specific passport requirements, can be obtained at http://travel.state.gov/visa/temp/without/without_1990.html.

In order to ensure that a visiting scholar receives the appropriate B-1 or WB status, they should receive from the inviting department at FSU a letter of invitation, signed and on department letterhead, outlining the details of the visitor's stay - what they are invited to do, for how long (no more than 9 days on our campus if an honorarium is paid), and what honorarium or reimbursement of expenses, if any, will be paid. A faxed copy of the letter should be adequate for visa processing and/or for entry to the U.S., though an original is always better. If Departments are paying an honorarium or reimbursing expenses, they may also want to include in information sent to the scholar, details on obtaining an Individual Taxpayer Identification Number (ITIN) prior to arrival, so that the visitor may be paid more quickly once they are here. Information on obtaining the ITIN abroad is at www.irs.gov/businesses/small/international/article/0,,id=96690,00.html.
The application form is at www.irs.gov/pub/irs-pdf/fw7.pdf .

The visitor needing a B-1 visa will need to schedule a visa interview and appear in person to apply for the visa. A detailed explanation of the process, along with the required forms, a list of consulates, and visa appointment wait times are at www.travel.state.gov.

If you have any questions regarding which status is most appropriate or regarding the entire immigration process, please feel free to contact the International Center at 850-644-1702 or e-mail intctr@admin.fsu.edu.

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