There are many questions when considering applying for a H1-B Visa for a potential employee and the difference between the H1-B and Permanent Resident status.
The H1-B visas are temporary, non-immigrant visas that are issued in two three-year time frames. These visas are working visas and are limited specifically to that employer, so the visa holder cannot change jobs or move elsewhere.
A valid H1 stamp is placed on their passport at the U.S consulate abroad and in some cases they are only allowed a certain number of trips in and out of the U.S.
These visa holders must be careful not to break any laws in the U.S. as they can have their visa revoked and be deported for a lesser criminal matter.
These H1 visa holders are considered as guests and are not permitted the privileges of permanent residents.
The status of Permanent Resident must first be obtained and U.S. citizenship can be applied for after 5 years, or 3 years if married to a U.S citizen, as long as they do not have a serious criminal record.
The process for the H-1B Visa is divided into two parts. First an application must be presented to the U.S. Department of Labor for the individual labor certification.
The employer must provide the immigration attorney with the proposed salary and job description, who in turn will submit the Labor Condition application. This process takes approximately 3 months to approve.
The process for Permanent Resident requires that the potential employer file a request for a prevailing wage determination by supplying the Department of Labor with a job description and the requirements for the position. It can take approximately 8 weeks to receive a determination.
Once approved the employer must demonstrate that they could not obtain a qualified U.S worker for that position. On approval of the Labor Condition Application, the Immigrant Worker petition must be filed with USCIS within 180 days and it takes approximately 5 months for them to approve the petition.
Depending on the quota availability, the Permanent Resident Application can be applied for together with the Immigrant Worker petition or at a later date and, the applicant must then file an application to adjust their status to that of a lawful permanent resident.
This application can take up to one year to complete. The employer can request the permanent status case either before or after the H-1B status is filed. As a Permanent Resident card holder and as long as their card has not expired, they can travel to and from the U.S. with a valid passport.
This card allows the Resident to work anywhere in the U.S. in any job or industry and is generally given the same rights as a U.S. citizen with the exception of the right to vote. When you consult with an immigration attorney it is important that you are able to speak with an actual attorney.
No one besides an attorney is able to give you legal advice, even an attorney’s assistant cannot give you legal advice, you must speak with an actual licensed attorney. You must also be able to understand the attorney.
The attorney must either speak a language you understand or have a competent interpreter that will allow you to understand what the attorney is saying. If you cannot communicate with the attorney they will not be able to provide you safe advice. Never hire an attorney that you have not spoken with.
Speaking with an experienced and skilled immigration attorney is the first step when dealing with any immigration issue. An experienced attorney authorized to practice immigration law in Dallas, throughout Texas, and in all fifty states can assure that your case moves forward as quickly as possible and is handled correctly.