Immigration Webinar - Alternate Options to H1-B visa

In the current webinar, Prashanthi discusses the alternatives to H-1 for foreign national workers in the U.S. to start work. Employers can explore different options if their employees choose alternatives to H-1. There are different criteria individuals might need to be eligible for specific H-1 alternatives according to their country or profession.

Here are the different types of alternatives to H-1:

• O-1 or P-1 Extraordinary Ability Visas : O-1 and P-1 visas are commonly reserved for individuals who have outstanding knowledge in subjects like sciences, arts, education, business, or athletics. Many individuals do not qualify for one or both of these visa types.

• TN for Canadian and Mexican Professional Workers: The TN visa classification is an option present to certain Canadian and Mexican nationals in specific occupations. It is available to citizens of Canada and Mexico who are working in the U.S. in one of the selected designated occupations.

• Other Country-Specific Visas – Singapore/Chile (H-1B1) and Australia (E-3) : Nationals of Singapore or Chile may be qualified for the H-1B1 visa while Australian citizens may be capable of E-3 visa. E-3 visas are generally not subject to a cap just like H-1B is and can be continued at any time.

• E-1/E-2 Treaty Trader or Investor: The E-1/E-2 visa permits nationals of countries with which the U.S. has trade agreements to invest an amount in the U.S. E-1 trader visa is suitable if the foreign national has a multinational employer who is willing to transfer them. The E-2 treaty investor enables foreign nationals to invest (preferably) a significant amount in the U.S. and attain an E-2 visa to be able to manage and oversee their investment.

• F-1 Optional Practical Training (OPT) Extension or F-1 Curricular Practical Training (CPT): There are many ways to stay on F-1 status while having work authorization. OPT holders must have completed a STEM degree. There are certain things to qualify for the 24-month STEM OPT extension. Some schools and F-1-degree programs allow an F-1 student to engage in employment related to their field of study under the Curricular Practical Training (CPT) program.

• File for a Permanent Residency/Green Card Directly: For employers filing for an employment-based green card, there is another reasonable alternative, as it is possible to go without the H-1B visa option. This option may work best for foreign workers who have a master’s degree OR a bachelor’s degree, five years of experience, and are nationals of a country other than China or India.