Post Cap Season: H-1B Alternatives

USCIS in Atlanta, GA

 

On Monday, USCIS issued a press release confirming that they will accept new H-1B cap petitions beginning on April 1st.  USCIS announced that they will use a lottery to decide which petitions are accepted for processing if more than 65,000 H-1B petitions (and 20,000 Master’s degree petitions) are received by April 7th.  The press release also mentioned that USCIS will begin premium processing H-1B applications no later than April 28th—which delays the start of the 15-day processing time for cases filed under Premium Processing.

For U.S. employers and potential H-1B holders, this waiting period is stressful, to say the least.  Employers who rely on H-1B workers may need to consider alternative hiring solutions if their H-1B petitions are not accepted under the cap.  H-1B candidates are left with an undecided future:  will they be able to come to (or remain in) the U.S. or will they have to look for a job elsewhere?

During this waiting period, both employers and employees can start to think about alternative solutions to pursue in case H-1B petitions are not accepted by USCIS.  Here’s a brief summary of alternative visa types to consider:

H-1B Alternatives

H-1B1

  • Applicant must meet H-1B requirements
  • Only for citizens of Chile and Singapore
  • Usually valid for 12 months, extensions are possible

L-1 (Intra-company transferee)

  • For employees at a foreign entity of an organization coming to work for that organization (or an affiliated organization) in the U.S.
  • Employee must either be managerial/executive level or have “specialized knowledge” of the company
  • Usually valid for 3 years, extensions are possible

TN

  • Only for citizens of Mexico and Canada
  • Employee must fall into one of the NAFTA-approved occupational categories
  • Usually valid for 1-3 years, extensions are possible

E-3

  • Applicant must meet H-1B requirements
  • Only for citizens of Australia
  • Usually valid for 2 years, extensions are possible

F-1 OPT STEM Extension

  • For students already on an F-1 visa working under OPT
  • Must be pursuing or have completed a STEM eligible degree program (Science, Technology, Engineering, or Mathematics)
  • Employer must be enrolled in E-Verify
  • Usually valid for 17 months

These are just some of the options available as alternatives to H-1B visas.  Every situation is unique.  For more information about visa and immigration assistance please contact us here at VISANOW.  We would be happy to help!