H1B Visa Alternatives: 3 minutes read
The H-1B visa is a non-immigrant visa specifically tailored to foreign workers in specialty occupations who seek to utilize their knowledge and expertise while working and residing in the United States.
What is the H1B annual cap and visa lottery?
Given the highly competitive nature of this program, an annual cap is implemented to limit the number of H-1B visas, that are administered and available each fiscal year, the H-1B visa lottery system is utilized to allocate these visas among a large number of applicants. Consequently, many qualified candidates remain with a non-selection notice in this process.
H1B Visa Alternatives
However, the United States provides various alternatives for candidates who were not selected in the lottery. These include option such as EB-2 NIW, PERM Labor Certification, L-1, and O-1, which distinguish themselves by not being subject to a lottery system or annual cap. These alternatives provide avenues for individuals to explore and leverage in furthering their professional growth and advancement within the United States.
EB2 NIW Visa
The Employment-Based second preference National Interest Waiver (EB2 NIW) is under the immigrant visa category which allows foreign nationals with exceptional abilities to work, reside, and develop their proposed endeavor in the United States with the opportunity to obtain permanent residency. This special visa is designed for individuals who can demonstrate their specialized work is considered of benefit and nation interest to the U.S.
PERM Labor Certification
The PERM Labor Certification is an employment-based visa under the immigration visa classification. This visa allows United States employers to hire skilled foreign workers to fill permanent positions in the US. As a primary step in the process, the PERM Labor Certification requires employers to acquire a labor certification from the US Department of Labor (DOL). The labor certification confirms that there are no qualified, able, and willing workers in the US to take on the specific position presented by the employer to the foreign worker.
As non-immigrant visa, the L1 visa, permits multinational companies to transfer employees from foreign offices to their U.S. based office. This visa is specifically made for the facilitation of transferring employees that hold specialized knowledge and management skills to the U.S. The L1 visa is a successful option for companies seeking to expand their operations within the United States.
The United States offers the O1 visa for individuals who hold extraordinary abilities in science, arts, business, education, athletics, or who have a record of success in the motion picture or television industry. Being a visa that does not require a job offer, the O-1 is desirable to many candidates. The candidate may take it upon themselves to self-petition, have an agent, or employer file the petition on their professional behalf.
To encapsulate the main points, the H1B visa is a popular visa for foreign workers seeking employment within the U.S. that offer comparable benefits and advantages. Although, due to the high demand of these visas, it can be difficult to obtain one through the annual cap and lottery system. The visas listed are just a few of the many alternatives that candidates may explore when seeking to further their professional career in the United States.
However, it is key to keep in mind the importance of working with an experienced immigration attorney throughout your case to determine the option that best suits your career goals and aspirations.
Here at LOIGICA, we are proud to have assisted thousands of individuals from all origins of the world establish their life in the U.S., passionate to continue helping those who seek our assistance. LOIGICA’s immigration team is your corporate solution for U.S. professional immigration.
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