H1B Visa Alternatives

Each year after the H1B Visa Cap has been reached we asked by those that were not fortunate enough to obtain an H1B Visa number under the Cap what other options are available for them to work in the United States. For some, the H1B visa might be the only option available. Others might be fortunate enough to have a second or third visa option. Whether you failed to obtain an H1B Visa under the Cap or you are simply looking for additional visa options, the following is a breakdown of visa options to consider as an alternative to the H1B Visa:

  • E-3 Visa for Australian Professionals – The E-3 visa category is reserved for Australian citizens working in specialty occupations. If you are able to qualify for an H1B Visa then you will more than likely also qualify for the E-3 visa. E-3 Visas are issued for up to two (2) years at a time with no maximum number of extensions. If you are Australian seeking work authorization in the U.S. the E-3 visa is a great alternative to the H1B visa.
  • L-1 Visa for Intracompany Transferees – The L-1 visa allows a U.S. employer to transfer qualifying managers, executives and employees with specialized knowledge from an affiliated foreign office to a U.S. office. The L-1 visa requires a qualifying relationship between the U.S. and foreign entities, the foreign worker must have worked for the foreign entity for at least one (1) in the last three (3) years, and the employee must be in a qualifying executive or managerial position, or possess specialized knowledge about the organization. The L-1 visa is a viable alternative to the H-1B for those that qualify.
  • O-1A Visa for those with Extraordinary Ability or Achievement – The O-1A visa is often overlooked as an alternative to the H-1B visa. The O-1A visa is reserved for those than can demonstrate that they have extraordinary ability in the sciences, arts, education, business, or athletics. The O-1A visa is issued in three (3) years increments with no maximum number of extensions.
  • TN NAFTA VISA – The TN visa category is reserved for Mexican and Canadian citizens working in designated NAFTA professions. Some professions that fall under NAFTA are computer professionals, consultants, engineers, accountants, graphic designers, statisticians, social workers, pharmacists, veterinarians, biologists, chemists, and teachers. The TN visa can be issued in three (3) year increments with no maximum number of extensions.
  • Family Sponsorship – Obtaining immigration status through a qualifying relationship with a U.S. citizen or U.S. permanent resident must also be considered. You may benefit from family sponsorship if you are a parent, spouse, child or fiancé(e) with a qualifying relationship.

The U.S. Immigration Lawyers of Richards and Kruger have extensive experience with the business immigration, having filed hundreds of petitions with U.S. Citizenship and Immigration Services, U.S. Consulates, and U.S. Customs and Border Protection. We have the experience to assist start-up companies, small to large organizations, IT companies, and more, to successfully obtain proper immigration status. Contact Us today with your U.S. immigration needs.

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