Scholars with H-1B visas are international workers who perform services in specialty occupations requiring a specialized body of knowledge.
| J-1 research scholar | H-1B scholar | |
|---|---|---|
| Length of stay | Up to five years. No extensions. | Six years, increments of up to three years. Since H-1B is a dual intent status, extensions beyond the six years are possible based on an approved I-140 or an I-485 that has been pending for more than 365 days for scholar's from countries without visa numbers available. |
| Processing Time | Quick processing by the International Center. | International Center processing takes an average of one to three months (dependent on DOL timing). U.S. Citizenship and Immigration Services adjudication process generally takes an average of two to three months. Premium processing ($1,225) expedites the process to two to three weeks. |
| Restrictions | Possibly subject to 212(e) restrictions. Waiver required to change to H-1B status or permanent residency.Visitor can return as a research scholar no sooner than 24 months after the first program has ended. | Must comply with Department of Labor Labor Condition Application (LCA) regulations. Wage requirement (Prevailing Wage Determination) and all financial support must come from MU. Aliens subject to 212(e) two-year home residence requirement are not eligible. |
| Fees | $150 administrative fee (paid by department). | $325 I-129 fee; $500 anti-fraud fee; $800 administrative fee; $1,225 fee for expedited processing, if requested. Department must pay all fees except expedited processing, which can be paid by either the scholar or department. |
| Dependents | A J-2 dependent is allowed to take classes, pursue a degree and work, with a USCIS recommendation. Obtaining work authorization may take up to three months. | An H-4 dependent may take classes or pursue a degree. H-4 dependents are not allowed to work. $290 I-539 fee for H-4 dependent application, paid by the scholar. |
Published by the International Center, N52 Memorial Union, University of Missouri, Columbia, MO 65211 | Phone: 573-882-6007 | Fax: 573-882-3223 | E-mail: international@missouri.edu
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