Non-Immigrant Visa:

Immigrant Visa:

H-1B Visa - Temporary Status

Labor Certification - Perm. Residence

(“Green Card”) + 5 years - US Citizenship.

Purpose: to fill Employer’s temporary need For a professional worker

Purpose: To fill Employer’s permanent position when there is no available qualified US worker.

Standard Processing = 5-6 months

Premium Processing = 15 days

Takes 2-5 years to complete entire process

 For “skilled” positions. Step #1 can be Expedited if certain conditions are met.

Position must be “professional”.  Position must require Bachelor’s Degree or equivalent.

Almost any position can qualify. Depends upon the availability of US workers.

Position can be full-time or part-time.

Position can ONLY be full-time.

Employee must have valid job offer from a US employer. No self-employment is permitted.

Can be applied for and obtained inside or outside the US.

A US evaluation company must evaluate employee’s foreign college credentials.

Employee must have valid job offer from a US employer. No self-employment is permitted.

Can be applied for and obtained inside or outside the US.

A US evaluation company must evaluate employee’s foreign college credentials.

H-1B status can last 1, 2 or 3 years and can be extended for 3 more years Six years maximum.

Approved status is generally permanent

H-1B is “employer specific” and “job specific”. A new job requires a new H-1B visa.

Valid for any job in the US.

Employee must work for sponsoring         employer while in H-1B status.

Employee must work for sponsoring initially but can then change employers.

Employer must pay employee’s return transportation home if employer terminates position.

Employer has no return transportation requirement.

Only 65,000 H-1Bs issued each immigration year.

Generally, no quota issues.

Process can be fairly simple for employer.

Process is time-consuming and complicated for employer.

Generally, employee cannot begin working until H-1B approved.

Employee cannot begin working until work card issued.

Employer does NOT have to search for US worker.

Employer MUST search for US worker.

Can begin labor cert. process before, during or after H-1B.

Filing papers does NOT allow employee to remain in the US while papers are pending.