Published: July 7, 2025
Are you a J-1 visa holder interested in transitioning to an H-1B visa for long-term employment in the US? Both J-1 and H-1B visas are nonimmigrant visas that authorize you to reside and work in the US temporarily. Specifically, the J-1 visa is available for cultural exchange programs, while the H-1B visa grants work authorization in specialty occupations.
Transitioning to an H-1B visa is a well-known pathway for individuals with J-1 status to extend their authorized stay in the US. The process for changing your J-1 to H-1B status involves complying with specific requirements and adhering to certain immigration rules.
For instance, determining whether to leave the US is a common concern among those seeking a J-1 to an H-1B transfer. It’s also an integral component of planning your next immigration steps. This post highlights essential considerations to ensure a successful transition.
Overview of J-1 and H-1B Visas
J-1 and H-1B visas are common immigration routes for foreign nationals to enter the US. Although both visa classification authorizes foreign professionals to work in the US, each has a different purpose.
These US visa options come with distinct requirements you must qualify for, encompassing considerations for dual intent. Before considering transferring your J-1 visa to an H-1B visa, it’s essential to understand how each visa works.
J-1 visas
The J-1 visa is specifically for qualified nonimmigrants who seek to participate in approved exchange visitor programs. Funding for these programs primarily comes from educational institutions, government agencies, and research groups. The primary goal of these programs is to foster cultural exchange and mutual understanding.
H-1B visas
The H-1B visa is an employer-sponsored visa that enables eligible foreign nationals to secure temporary employment in the US in specialty occupations. Typically, the duration is for three years, with extensions possible for a maximum of six years. The purpose of the H-1B provisions is to assist employers who are unable to find the required specialized skills within the workforce in the US.
Are You Legally Required to Leave the US for a J-1 to an H-1B Transfer?
Suppose you’re in J-1 status and seek to work in a specialty occupation. Sponsorship from a US employer enables you to apply for a change of status to an H-1B.
Your prospective employer should file a new H-1B petition from the beginning when switching from a J-1 visa status. The employer must submit your registration in the annual H-1B lottery if they’re subject to the yearly cap. For cap-exempt employers, you can initiate the petition at any time and start working upon approval.
It’s worth noting that you can’t transfer your J-1 status to an H-1B without the new petition. Moreover, you must satisfy the two-year home residency requirement if your J-1 status is subject to it or secure a waiver before you can change to H-1B status within the US.
Under Section 212(e) of the Immigration and Nationality Act, exchange visitors subject to the two-year home residence rule are not legally allowed to apply for a change of status within the US unless they have spent a minimum of two years in their country of origin,
You can waive that requirement based on particular grounds defined in the USCIS policy manual, such as exceptional hardship or persecution. Considering this, proper timing and a thorough understanding of the waiver process are essential to avoid the risk of overstaying or losing eligibility for future visa options.
Plan the Transition Accordingly With a Credible Los Angeles Lawyer
The H-1B visa has dual intent, making it an appealing pathway for nonimmigrant visa holders to secure a US green card. However, thorough preparation and legal assistance from a credible Los Angeles lawyer are essential when transitioning from a J-1 to an H-1B visa. Contact ALG Lawyers to arrange a meeting and discuss your case directly with our experienced team for a seamless transition.
FAQs on Is It a Requirement to Leave the US for a J-1 to an H-1B Transfer?
Can you obtain an H-1B visa without an approved J-1 waiver?
You can secure an H-1B visa directly without a J-1 waiver, provided that your J-1 visa isn’t subject to the two-year home residency requirement. Otherwise, you can pursue a J-1 waiver under specific circumstances or go back to your country of origin for two years.
How can you verify if the two-year home residency requirement applies to you?
You can refer to your J-1 visa stamp and Certificate of Eligibility for Exchange Visitor (J-1) Status to verify if the two-year home residency rule applies to your situation. These documents may indicate different information at several stages. Even if later documents show that you’re not subject to the requirement, the rule remains applicable. Thus, monitoring all of them throughout the program is of utmost importance.
Can you have your H-1B application filed while waiting for your J-1 waiver?
It’s possible to have your H-1B application filed while awaiting approval for your J-1 waiver. However, your petition for an H-1B change of status will be denied if you don’t have an approved J-1 waiver or evidence that you have satisfied the residency requirement.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)