|
H-1B |
J-1 |
O-1 |
TN |
B1/B2 or Visa Waiver |
PURPOSE |
Temporary Employment:
Specialty Occupation |
Educational and Cultural Exchange |
Temporary Employment:
Extraordinary Ability/Achievement |
Temporary Employment:
NAFTA Professional |
Tourism / Conference Attendance |
REQUIREMENTS |
Position must require a minimum of a bachelor’s degree in a specific field of study |
English Proficiency & Adequate Funding |
Demonstrated proof of extraordinary ability/achievement |
Citizenship of Canada or Mexico
Position must be a listed NAFTA profession |
none |
PROCESSING TIME |
Expedited: 6 months
Standard: 12 months |
2-4 months |
Expedited: 2 months
Standard: 8 months |
Border Crossing: Immediate
Change of Status: 8-12 months |
2-4 months for B1/B2
2-4 weeks for ESTA (Visa Waiver) |
FEES
(italics = optional) |
Form I-129 filing: $555 USD
Anti-fraud: $500 USD
Legal Rush Fee: $900 USD
USCIS Premium Processing: $2,500 USD |
SEVIS I-901: $220 USD
DS-160 Visa Application: $160 USD |
Form I-129 filing: $705 USD
Legal Processing: $5,500 USD
Legal Rush Fee: $2,000 USD
USCIS Premium Processing: $2,500 USD |
Border Crossing: $50 USD
-or-
Form I-129 filing: $695 USD
Legal Rush Fee: $900 USD
USCIS Premium Processing: $1,440 USD |
DS-160 Visa Application: $160 USD
-or-
Visa Waiver Application: $14 USD |
LEGAL COUNSEL |
Fragomen Worldwide |
n/a |
Fragomen Worldwide |
Fragomen Worldwide |
n/a |
MAXIMUM DURATION |
6 years
(3-year initial approval) |
5 years
(less for certain J-1 categories) |
3 years
(1-year subsequent renewals optional) |
3 years
(3-year subsequent renewals optional) |
n/a |
SALARY REQUIREMENTS |
≥ Actual wage or prevailing wage, whichever is greater |
No minimum requirements |
No minimum requirements |
≥ Federal or State minimum wage, whichever is greater |
n/a |
DEPENDENTS |
Employment: No
Study: Part Time or Full Time |
Employment: Yes w/ EAD
Study: Part Time or Full Time |
Employment: No
Study: Part Time or Full Time |
Employment: No
Study: Part Time or Full Time |
Employment: No
Study: No |
ADVANTAGES |
Path to permanent residency |
Quick processing
Often funded externally |
No home residency requirement
Typically faster than H-1B processing |
Quick processing
Border crossing presents low cost |
35+ countries participate in VWP
Visitor may have B1/B2 visa in passport |
DISADVANTAGES |
High fees
Long processing times
Minimum wage requirements |
Barred from repeat participation
Possible home residency requirement
No tenure-track positions
No path to permanent residency |
High fees
Renewals of only 1-year increments |
Limited to citizens of Canada or Mexico
No path to permanent residency
Not all positions are eligible |
No employment options
No institutional access
Limited scope of activity on campus |