Non-Immigrant Business Visas: J-1, B-1, and H-1B  Differences and Eligibility

The J-1, B-1, and H-1B non-immigrant visas allow foreign citizens to conduct a range of business activities in the United States during a fixed period of time. While these three types of visas have some commonalities, it’s important to know their differences so foreign citizens and host companies can knowledgeably explore their options and apply for the correct visa classification. 

Foreign citizens or U.S.-based positions that do not qualify for the H-1B or B-1 visas may be eligible for J-1 visas like the J-1 Intern and Trainee programs. As an official DOS-designated sponsor for J-1 Intern and Trainee programs, AIFS Professional Pathways can help determine eligibility for J-1 programs, facilitate the application process, and issue necessary documents like form DS-2019. 

If you’re wondering if you or a prospective foreign employee is eligible for the J-1, H1-B, or B-1 visas, read on—we’ll go over the key differences between these types of visas and explain eligibility requirements. 

What is a J-1 Visa? 

J-1 visas, also called Exchange Visitor visas, allow non-immigrant foreign citizens to come to the U.S. to participate in work- and study-based opportunities such as the J-1 Intern and Trainee programs. These visas are designed to advance J-1 holders’ academic or professional careers through workplace immersion, while promoting cultural exchange and international understanding. 

What are the Various J-1 Program Types? 

The J-1 visa includes 15 program types: 

1. Au Pair 
2. Camp Counselor 
3. Intern 
4. Trainee 
5. Government Visitor 
6. International Visitor 
7. Physician 
8. Professor 
9. College/University Student 
10. Secondary School Student 
11. Research Scholar 
12. Short-Term Scholar 
13. Teacher 
14. Specialist 
15. Summer Work Travel 

An Exchange Visitor’s reason for coming to the U.S. will determine which program type they are eligible for. The length of time a J-1 holder can stay in the U.S. with their visa depends on the program type. For example, Exchange Visitors with a College/University Student J-1 visa can stay in the U.S. for the duration of their degree program, whereas camp counselors will only be approved to stay in the U.S. during the short vacation periods between semesters, and J-1 Teachers may be in the U.S. for five years. 

What Positions Qualify for the J-1 Trainee or Intern Visas? 

The J-1 Trainee and Intern categories allow for foreign nationals to: 

• Participate in hands-on, full-time, in-person or hybrid positions across industries at registered U.S. businesses with adequate staffing and resources. 
• Lend their existing skills and talents to new or on-going business objectives, while participating in on-the-job training opportunities. 
• Pursue positions ranging from 3 weeks up to 12 or 18 months in duration. Shorter programs may be extended up to the program maximum. 
   

This visa category is intended to support skilled positions and training and is not to be used for seasonal or manual labor, or to fill labor shortages. The primary limitation is that J-1 holders may not participate in any patient care or animal contact. 

J-1 Trainees and Interns are legally authorized to work in the U.S. at their specified employer or host company, and in turn, can legally obtain a Social Security number and be paid by the U.S. entity. 

Who Qualifies for the J-1 Visa? 

J-1 Trainees and Interns may be at any level of their post-secondary education or at any professional level, so long as they have new opportunities to collaborate and further develop while in the United States. J-1 holders must be non-U.S. citizens, must demonstrate English proficiency, and be at least 18 years of age, but have no age maximum.  

The J-1 visa also allows foreign nationals to travel with dependents—legal spouses and children—under the J-2 visa, which also allows for work authorization. 

What is the Process to Obtain a J-1 Visa? 

Most employers do not directly sponsor J-1 visas. To obtain a J-1 visa, a U.S. employer and the foreign national work with a U.S. Department of State designated visa sponsor, usually a third party, who is certified to evaluate the program for eligibility and issues the federal sponsorship documents. Unlike other business visas, the J-1 Trainee and Intern visas: 

• Do not require lotteries 
• Do not encounter caps 
• Do not require applications or petitions directly with a federal agency 
• Are not cost prohibitive 

AIFS, one of the largest and most respected cultural exchange organizations in the world, is designated by the U.S. Department of State (DOS) to sponsor J-1 visas in the following categories: Au Pair, Camp Counselor, Secondary School Student, Intern, and Trainee. AIFS Professional Pathways, a division of AIFS, is a DOS-designated J-1 visa sponsor for Intern and Trainee programs.  

Request Info About J-1 Visa Sponsorship

What is a B-1 Visa? 

Similar to some of the J-1 visa program types, B-1 business visas are intended for short-term business activity in the U.S. However, the purpose of the visa, application processing, duration maximums, and visitors’ ability to receive compensation, among other factors, differ. 

Who’s Eligible for a B-1 Visa? 

Unlike work-authorized J-1 visas, B-1 visa holders are not eligible for employment or income from a U.S. employer. The B-1 visa allows foreign citizens to travel to the U.S. for the following activities: 

• Business consulting 
• Surveying business sites 
• Contract negotiations 
• Conference or meeting attendance 
• Short-term training activities 
• Independent research 
• Transiting through the U.S. 
• Deadheading (for air crewmen) 

B-1 visa holders may stay in the U.S. for a maximum of 6 months initially. It is possible to extend the maximum stay for an additional 6 months for a total maximum of one year during a single trip. Foreign citizens who intend to visit for less than 90 days may qualify for a Visa Waiver Program if they are from a participating country. 

Because the foreign national cannot receive compensation from a U.S. employer, they must have outside financial means to sustain themselves while in the country.  

Dependents do not accompany B-1 holders in association with the business visa. Instead, they will apply separately for a B-2 tourist visa. 

Foreign nationals must apply for B-1 visas directly with the U.S. consulate and should be prepared to demonstrate their intended business activities. Why this visa classification generally entails the ‘easiest’ application process, the extent of permitted business activities and ‘work’ are the most prohibitive.  

What is an H-1B Visa? 

The H-1B visa is a non-immigrant visa category for highly specialized foreign citizens to work temporarily in the U.S. To be eligible for the H-1B visa, foreign citizens must have at least a bachelor’s degree and a specialty occupation requiring highly specialized knowledge, particularly in science, technology, engineering, and math (STEM) fields. These foreign citizens are meant to help employers obtain necessary business skills and abilities that they cannot obtain in the U.S.—it is not an alternative to hiring American workers. 

How Do You Receive an H-1B Visa? 

To receive the H-1B visa, employers must petition the U.S. Citizenship and Immigration Services (UCIS) to authorize foreign citizens to work temporarily at their organization in the U.S. Most applications are submitted as part of a lottery process. Because a limited number of visas are awarded each year, many qualified foreign employees are not selected in the H1-B lottery. 

However, a J-1 visa may be a viable (and, in some cases, even better) alternative to the H-1B visa, depending on the foreign national’s background, objectives in the U.S., and their position duration. 

H-1B visas generally allow for foreign nationals to receive work authorization for three years, with the option to extend up to six. This visa is best suited for individuals filling specialized, longer-term positions.  

Like the J-1, this visa classification allows for accompanying spouses and children (under the H-4 visa). 

Is the J-1 Visa a Viable Alternative to the H-1B or B-1 Visa? 

J-1 Intern and Trainee visas, H-1B, and B-1 visas do have similarities— all are used by non-immigrant foreign citizens for business activities in the U.S. While these visas are not broadly interchangeable, there are cases when the J-1 is an equally or more appropriate alternative to the H-1B and B-1 visas. For example, the J-1 visa may be a better option than the H-1B visa in the following cases: 

1. If the intended employment period is for less than 12 months (recent graduates) or 18 months (professionals). 
2. If the U.S. position provides the employee with opportunities to learn about U.S. business practices, teams, local methodologies, or technologies, in addition to bringing their industry expertise. 
3. If the foreign employee has the opportunity to participate in U.S. cultural activities. 

While the J-1 program duration is shorter than the H1-B, the J-1 has no cap, fewer restrictions, and employer sponsorship is not needed. Additionally, like the H-1B visa, the J-1 provides work authorization and permits accompanying dependents like a spouse and/or children. 

In many cases, the J-1 visa is the more compliant route than the B-1 business visa. The most common confusion between these two visas that compromise compliance are the following:  

1. The B-1 is not intended for interns, even when the positions are less than 6 months in duration. The J-1 is the legal route.  
2. If the foreign national is participating in full-time, on-the-job business activities with a learning component, the J-1 is the appropriate route. For meetings, conferences, observations and consultations, the B-1 is the better fit. 

AIFS Professional Pathways—Your J-1 Visa Sponsor and Partner 

If you want to determine if you or a foreign citizen is eligible for the J-1 visa, please contact us. AIFS Professional Pathways can determine J-1 eligibility and act as an official DOS-designated sponsor for host companies and program participants. Plus, we’ll support J-1 Interns and Trainees and host companies throughout the duration of the program to ensure compliance and satisfaction. 

Request Info About J-1 Visa Sponsorship