Post on 16-Jul-2015
H-1B VISA
AFTER H-1B CAP HAS REACHED
What can you do after the
H-1B Cap has reached?
What are the alternatives
to H-1B Visa category?
How to find out the best
H-1B alternative for your
situation?
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Hiring H-1B Cap Exempt Candidates, or
Students on F-1 OPT
Using Alternative Visas To H-1B Visa
Even after the H-1B Cap is reached, these
options are available for U.S. employers:
What can you do after the
H-1B ?
a)
b)
Hiring H-1B Cap
,
or Students on
F-1 OPT
a)Hiring H-1B Cap
,
or Students on
F-1 OPT
a) Hiring H-1B Cap , or
Students on F-1 OPT
1. Hiring H-1B Candidates Inside the U.S.
HIRE:
H-1B candidates currently in the U.S.
WHY:
Professionals who are already in H-1B status and inside
the U.S. with another employer can be hired without
being subject to the annual cap.
2. Hiring H-1B Candidates Outside the U.S.
HIRE:
Candidates outside the U.S. who were previously
counted against the H-1B Cap currently in the U.S.
WHY:
Even after the H-1B Cap is reached employers may
continue to file H-1B petitions on behalf of foreign
nationals who are currently outside the U.S. if they
have held H-1B during the past six years and have
not exhausted the full six years.
a) Hiring H-1B Cap , or
Students on F-1 OPT
3. Hiring Students On F-1 OPT
HIRE:
Foreign students in the U.S. as part of their Optional or
Curricular Training Program.
WHY:
Foreign students in Bachelors and Master’s degree
programs are allowed 17 to 27 month off-campus work
on F1 OPT.
a) Hiring H-1B Cap , or
Students on F-1 OPT
• What are the 6 alternative visa categories?
• What criteria should you consider while
evaluating these H-1B alternatives?
Using Alternative Visas
To H-1B
b)Using
Visas To
H-1B Visa
Using
Visas To
H-1B Visa
b) Using To H-1B Visa
1. L-1 Visa
• U.S. Organizations may hire managers, executives
and those with specialized knowledge from a related
entity abroad (parent, subsidiary, branch or affiliate)
to work in the U.S. on an L-1 visa.
• To be eligible, the employee must have worked for
the foreign entity for at least one continuous year
during the last three years of employment.
b) Using To H-1B Visa
2. H-2B Visa
• Personnel who are needed in the U.S. for a
temporary, seasonal or a one-time employment may
consider using H-2B visa.
• H-2B is generally available for jobs lasting less than
one year.
3. H-3 Visa
H-3 visa category allows foreign nationals to enter
the U.S. to receive training.
The employer must demonstrate that:
• The training is not available in the foreign
national's home country, and
• The training will benefit the foreign national in
pursuing a career outside the U.S.
b) Using To H-1B Visa
4. J-1 Visa
• J-1 trainee visa is a good option for those employees
who are not experienced and who wish to be in the
U.S. to gain knowledge on a client product or the
prospective employer's products.
• Some J-1s are subject to a two-year home country
residency requirement. Before using J-1 visa as an
alternative, employers should investigate whether the
rule will apply to their specific scenario.
b) Using To H-1B Visa
5. B-1 Visa
• B-1 visa category can be used in cases where the
foreign national is required in the U.S. for project
discussions or any other work which is permissible
as a ‘business activity'.
• The foreign national cannot receive any
remuneration or salary in the U.S.
b) Using To H-1B Visa
6. O-1 Visa
• O-1 visa category is for extraordinary people who are
the “best” in their field.
• It is generally used for artists, entertainers, athletes,
scientists, researchers and business people.
b) Using To H-1B Visa
Hiring H-1B Candidates
Hiring Students on F-1 OPT
Using Alternative Visas To H-1B Visa
Are You
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Find out
works best for you
with VisaPro’s FREE
About VisaPro
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exceptional U.S. immigration legal services at reasonable costs to
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“I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism
and overall pleasantness made my job much easier. They assisted me every step of the way in
applying for an H1B Visa, I could not imagine getting through this process without them. I
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Beverly Brawer,
United States Luggage Company LLC