Are There Alternatives to an H-1B Visa?
The US caps the number of H-1B visas each year. Currently, the cap is 85,000, so many people who would like this specialty visa end up denied. What are your options? The good news is that there might be other visas available which you qualify for. Before giving up on your dream, reach out to an experienced immigration attorney to discuss all possible alternatives.
Some Visa Alternatives
You might qualify for some other visa categories, depending on your situation.
You are on an F-1 visa.
- Students on an F-1 visa can usually receive work authorization called Optional Practical Training (OPT) once they earn their degree. This authorization allows students to work for an additional 12 months in their field. If you are a STEM graduate, you can request STEM-OPT, which lasts for 24 months.
You only want to visit the U.S. or sign contracts here.
- You should consider a B-1 business visa. You cannot work for a wage or to be paid by a U.S.-based source while on this visa. But you can perform certain business tasks, such as signing contracts or meeting with potential clients.
Your employer has an office in the United States.
- You should investigate the L-1 intracompany transferee visa. This visa allows you to come to work in a U.S.-based office. This visa is limited to certain employees; usually, those who work in an administrative, executive, or technical role. There is no annual cap or lottery.
You have a high level of accomplishment in your field.
- You might apply under an O-1 extraordinary ability visa. The U.S. makes this available to people with high levels of accomplishment in science, education, business, or the arts. You must show sufficient, sustained recognition to qualify. This visa requires a substantial amount of documentation.
You intend to invest in a U.S. business.
- The E-2 treaty investor visa could be the perfect option for you. Some qualifications include being a citizen of a country with a qualifying treaty with the U.S. You also must make a substantial capital investment in a U.S. business. This is a nonimmigrant visa, which means you’ll need to show an intent to leave the U.S. when the visa ends. For those who want to stay permanently, then an EB-5 immigrant investor visa is preferable. Call our office to discuss this and other investment visas.
You intend to work for a university or a nonprofit.
- You might be eligible for the Cap-Exempt H-1B visa, which allows some research institutions and universities to sponsor an H-1B visa which is not subject to the annual cap. This visa has year-round filing.
Call to Discuss Other Options
The above list is not exhaustive. There might be other options which we can discuss which will allow you to either come to the U.S. or stay here legally and work. However, immigration law is in a constant state of flux, so working with a lawyer is beneficial. Contact The Law Office of Jason M. Sullivan to speak with a Portsmouth, NH employment visa lawyer. We have made dreams a reality. The Law Office of Jason M. Sullivan provides legal representation to those in Portsmouth, New Hampshire and Miami, Florida.
Source:
uscis.gov/working-in-the-united-states/students-and-exchange-visitors/optional-practical-training-extension-for-stem-students-stem-opt