H-1B Alternatives

With the 2008 H-1B cap reached in unprecedented fashion, employers still have numerous options for hiring specialized foreign workers. Included below is a brief introduction to some of these alternatives.

To learn more, please contact us at info@visanow.com. If you are a current client and interested in pursuing your options, please post a question in your online account folder or contact us at customersupport@visanow.com.

E-3 Treaty Professional Visa for Australian Nationals

The E-3 is a visa category only for Australians who intend on working temporarily in a specialty occupation in the U.S. The yearly new E-3 cap allots 10,500 numbers, but the program is currently heavily underutilized. Additionally, E-3 spouses, unlike the spouses of H-1B beneficiaries, are entitled to work in the U.S. and may apply for an Employment Authorization Document. The E-3 visa is valid for a validity period of two years and renewable indefinitely.

TN Mexican and Canadian NAFTA Professional Worker

The TN is a visa category based on the North American Free Trade Agreement and is available to Canadians and Mexican citizens who are coming to the U.S. to perform professional-level activities. There is no cap on the number of TN visas allotted. The TN is available for a validity period of one year and is renewable indefinitely.

“B-1 in lieu of H-1B”

In certain, limited circumstances the U.S. Consulate may issue an employment - authorized B1 visa where the work to be undertaken would usually require an H-1B visa. This provision is applicable to situations where a foreign employer needs to send a member of its staff to the U.S. for a limited period in order to undertake specific projects. The B-1 in lieu of H-1B is available for a validity period of 6 months, and is not renewable.

J-1 Trainee Program

A J-1 trainee is eligible to work for a U.S. employer and be compensated for training purposes as long as the terms of the training program are approved through a J-1 program sponsor. Most J-1 trainee programs can be no more than 18 months and cannot be extended. The trainee must be sponsored by a USIA-approved Exchange Visitor Program.

F-1 Student Program

Going back to school full-time in the U.S. for more advanced degree will permit the applicant to stay in the U.S. and participate in the school’s Curricular Practical Training (“CPT”). CPT programs vary by school, but most CPT programs allow students to work on a part-time or full-time basis while maintaining a full course of study as long as the employment is related to the student’s course of study.

To learn more about these alternatives, please contact us at info@visanow.com. If you are a current client and are interested in pursuing your options, please post a question in your online account folder or contact us at customersupport@visanow.com.

* Information contained above is for informational purposes only and does not constitute legal advice, legal consultation, an expressed or implied engagement of American Services Network, P.C. or establish an attorney-client relationship.