Alternate Visas To Explore If You Do Not Get Through The H1B Cap

Alternate Visas To Explore If You Do Not Get Through The H1B Cap

Posted on May 23, 2017

With the elaborate crackdown by the Trump administration on issuing of H1B visas, working professionals in specialized cadres are looking to see if there are alternatives to explore going forward.  And one of the options is the L1 visa.

H1B visas are used by foreign workers to come to the US to apply their specialized talents. However, the cap for year 2018 H1B visas was met within just a couple of days with more than 199,000 petitions that flooded the system from around the world.  Alternatively, the L1 visa can be utilized by companies to intra-transfer foreign workers with managerial, executive or specialized knowledge on a long-term basis to the US.

A US presence for foreign companies is considered beneficial and inspires client confidence wherein companies like to deal with someone local as opposed to a foreign company altogether. Moreover, in light of the recent update for the Nebraska Center claiming that some computer programming jobs do not qualify for the H1B visa requirements, this comes as a welcome reprieve.

Additionally, if the minimum salary threshold for H1B visa holders is increased to $130,000 as proposed to the US Congress, several tech companies will be forced to recruit foreign talent through other means like the L1A and L1B visas. Therefore, this is particularly helpful for Indian companies across the IT sector that form the majority of H1B visa applicants.

Besides, this holds certain advantages over the H1B in that it has no cap, no minimum education, prevailing wage or Labor Condition Application requirements.

As an alternate route, there are few other options employees can can resort to –

H-2B Visa

This is comparatively for a shorter stay and may last for less than a year. Employees needing to be in the US for a seasonal period can utilize the H-2B visa.

H-3 Visa

If an employer is able to prove that a particular employee needs a specific training not available elsewhere, he may apply for a H-3 visa.

J-1 Visa

In the instance the employee needs to understand a client’s product or a potential employer’s products, he may petition for a J-1 visa and come to garner experience.

F-1 Visa

Employers can employ foreign students who have completed their Bachelors or Masters degrees in the US. As part of their programs they are allowed to work off campus for a year, extendable by another 17 months giving the employers an opportunity to apply for their H1B visas.

To see if you are eligible for any of these alternative visas, contact Lawbench to receive reliable legal counsel for a nominal fee.

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