Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization. The following is a list of potential options, however it is not exhaustive. If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.
Option 1. Are You Sure Your Potential Employer Is Not Cap Exempt?
The H-1B visa cap does not apply to all companies and institutions. Many employers are cap exempt, including institutions of higher education, nonprofit entities connected to a higher education institution, and nonprofit or government research organizations.
Option 2. Are you O-1 Visa Eligible?
If you have extraordinary abilities in your field of endeavor, you may qualify for the O-1 visa. If you qualify, you will not need to obtain an H-1B visa. However, not all employees will qualify for the O-1 Visa and a careful analysis should be done before applying for an O-1 visa.
Option 3. L-1 Visa for Intracompany Transferees
If you have worked overseas for the company (or an affiliate of the company) that you plan to work for in the United States, then you may be able to qualify for the L-1 visa. With a the L-1 Visa, you do not need to obtain an H-1B visa.
Option 4. E-2 Treaty Investor or EB-5 Investor
You may qualify for a visa if you are starting your own company (or are investing in another company) and you meet the general requirements for the investor visas. The EB-5 Investor Visa requires an investment of at least $500,000. The E-2 treaty investor visa does not require such a high investment, but also requires the investor to come from certain countries.
Option5. Wait.
The best option for many individuals may be to wait. H-1B visa applications will be accepted again on April 1, 2011. If you wait until then, you will not be able to begin working until October 1, 2011.
If you are need of an H-1B visa alternative, please contact an immigration lawyer to ensure you know all of your options.