the Comprehensive Guide to H-1B Visa Alternatives · ALTERNATIVES TO THE H1B VISA: OUR COMPREHENSIVE GUIDE What makes the H-1B visa so popular? It’s the most accessible work visa

H-1B Visa Alternatives

the Comprehensive Guide to

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ALTERNATIVES TO THE H-1B VISA: YOUR COMPREHENSIVE GUIDE

Year after year, employers and employees alike

cross their fingers and hold out hope when the H-1B

cap opens in April. The H-1B visa is the most sought-

after visa category for recent graduates and skilled

workers who want to join the U.S. workforce.

Introduction


What makes the H-1B visa so popular?

It’s the most accessible work visa option for skilled foreign nationals

to obtain if they hold a bachelor’s degree (or have equivalent work

experience). Hundreds of thousands of applications flood the U.S.

Citizenship and Immigration Services (USCIS) office every year, and as

a result, force all petitions into a lottery for random selection.

Each fiscal year, 65,000 H-1B visas are granted

to qualified applicants, along with an additional

20,000 for those with advanced degrees.

In 2015, USCIS received enough petitions to reach the cap by April

7. Nearly 233,000 petitions were submitted, leaving 64 percent of

H-1B seekers without employment authorization. The lottery system

determines which applications are processed, requiring those who

aren’t chosen to make alternative employment arrangements.

>60% of applicants aren’t selected in the lottery

>60%


The need for alternatives can arise from a number of situations.

Perhaps your foreign national’s petition was not

selected in the H-1B lottery, or changing business

conditions have resulted in unanticipated hiring needs.

Whatever the reason may be, it’s important to know that

alternatives to the H-1B visa are available.

This guide outlines the most popular options

and key details you need to know.

TN Visa E-2 Visa E-3 Visa

L-1 Visa H-1B1 Visa F-1 OPT

01 The Tn Visa 02 The e-2 Visa

04 The L-1 Visa

03 The e-3 Visa

05 The H-1B1 Visa 06 The F-1 OPT STEM Extension


The TN VisaAre you sponsoring a Canadian

or Mexican national?

If so, he or she may be eligible for the

TN visa, which shares a number of

similarities to the H-1B, and is one of the

most popular and attainable alternatives.

These visas have no quota limit on the

total number of visas issued on a yearly

basis, and can be applied for at any time,

making it a smart alternative for those

who qualify.

01TN Visa

01 The TN Visa


Who’s Eligible?

OR

in an occupation included in

NAFTA’s designated profession list.

Citizens of

Mexico

Citizens of

Canada

The Specifics:

The TN visa is valid for three years and can

be renewed as many times as needed.3 years

Accountant, engineer, scientist, health care professional, architect, lawyer,

teacher, economist, social worker, mathematician, psychologist, computer

systems analyst, industrial designer and more.

A full list of NAFTA-designated professions can be found here:

http://1.usa.gov/1QnF9QZ

Designated professions include:

http://1.usa.gov/1QnF9QZ


01 The TN Visa

quick tips: The TN visa is not dual intent. In other words, if an employee with a

TN visa pursues permanent residency, the individual will experience

difficulty renewing the visa and when traveling.

Canadians can bypass USCIS altogether and apply directly at a U.S.

Customs and Border Protection prescreening or border crossing.

Mexicans can bypass USCIS altogether and apply directly at a U.S.

consulate abroad.

Is your employee a citizen of either Mexico or Canada?

If you answered YES to both of these questions, the TN visa

may be a viable H-1B alternative.

Review: Qualifying Questions

Is your employee’s profession included in the NAFTA

professions list?

YES NO

YES NO


The E-2 VisaThe E-2 visa category allows

managers, supervisors, executives,

essential employees or investors from

select treaty countries, such as Egypt,

Belgium and Colombia, to temporarily

travel and stay in the United States to

conduct business.

02E-2 Visa

02 The e-2 Visa


Who’s Eligible?Foreign nationals sharing the same nationality as the company/

person that owns the sponsoring U.S. entity.

E-2 treaty countries include: Australia, Belgium, Colombia, Costa Rica, Czech

Republic, Egypt, France, Germany, Italy, Japan, South Korea, Mexico, Morocco,

Poland, Spain, Ukraine and the United Kingdom.

See the full list of treaty countries here: visanow.com/e-2-treaty-countries-2/

The nationality of both the employee and sponsoring U.S. entity must be included in the list of treaty countries:

There are three types of individuals eligible for an E-2 visa:

1 A foreign national investor with a sizable stake in a U.S. entity

(at least 50 percent ownership must be held at all times).

2 A manager or executive of an investing corporation who maintains a

controlling interest at all times with at least 50 percent ownership.

3 An “essential employee” of an investing corporation with key skills that

allow him or her to perform specific job functionalities.

http://www.visanow.com/e-2-treaty-countries-2/

http://www.visanow.com/wp-content/uploads/2015/04/Designated-Professions-for-TN.pdf

02 The e-2 Visa


The Specifics:

An E-2 visa application can be completed either inside or outside of the

United States. Regardless of where the visa is attained, it is renewable

indefinitely.

If applied for while abroad at a U.S. consulate:

The length of visa validity varies between two and five years.

To obtain the visa stamp necessary for travel on an E-2 visa, foreign nationals

should visit their home country’s U.S. consulate. Processing times can be as

long as five months — so the employee will be absent during that period.

However, without the visa stamp, he or she will not have travel privileges.

If applied for while in the United States:

The E-2 visa will be valid for five years, but the employee must remain

within the Unites States and cannot travel abroad during that time.

quick tips: The E-2 visa is not dual intent.

To effectively begin the application process for a green card,

the individual should first switch to an H-1B visa.

Spouses of E-2 visa holders are eligible to apply for work authorization

once they are in the United States.

02 The e-2 Visa


If you answered YES to any of these questions, the E-2 visa may

be a feasible H-1B alternative.


Is the employee coming to the United States to invest

sizable capital into the business?

Is the employee a manager or executive?

Is the foreign national an “essential employee” for the company?

YES NO

YES NO

YES NO


The E-3 VisaThe E-3 visa is an alternative only

applicable to Australian citizens entering

the United States to perform services

in a “specialty occupation,” which is

defined by the same guidelines that

apply to an H-1B or TN visa.

03E-3 Visa

03 The e-3 Visa


Who’s Eligible?

Citizens of Australia filling a

“specialty occupation” role.

The Specifics: Qualifying Australian citizens must be filling a “specialty

occupation” role, meaning it requires a specific skill set and

background of specialized knowledge.

While there is no set “specialty occupation” list, occupations

often fall into a few categories. Examples include health care,

biotechnology, human resources, education, engineering,

computer sciences, management, medicine, etc.

E-3 visas also require the Australian citizen to

hold a bachelor’s degree in a major related to the

U.S.-based position they are pursuing, or possess

equivalent work experience.

03 The e-3 Visa


quick tips: The E-3 is valid for two years with unlimited extensions.

Spouses of E-3 visa holders are eligible to apply for work authorization

once they are in the United States.

If the foreign national changes employers, a new E-3 visa must be

approved before any work can begin.

Since the visa is dual intent, to effectively begin the application process

for a green card, the individual should first switch to an H-1B visa.

YES NO

Is your employee a citizen of Australia?

If you answered YES to these questions, the E-3 visa may

be a viable H-1B alternative.


Is the employee filling a position that is considered a “specialty occupation”?

Does your employee hold a bachelor’s degree or equivalent work experience?

YES NO

YES NO


The L-1 VisaThe L-1 visa is an H-1B alternative for

foreign nationals who are considered

key employees in overseas operations.

04L-1 Visa

04 The L-1 Visa


Who’s Eligible? Foreign nationals who’ve worked abroad at a foreign affiliate of the sponsoring U.S.

entity in an executive, managerial or “specialized knowledge” capacity.

Candidates must have worked abroad for at least 12 continuous months

out of the last three years at the time of application.

The Specifics: The foreign affiliate of the sponsoring U.S. entity must be related as a parent,

subsidiary, branch, affiliate or joint venture.

Employees who have worked in an executive or managerial role at the foreign

affiliate company are eligible for the L-1A subcategory visa.

Employees who possess “specialized knowledge” are eligible for the L-1B

subcategory visa.

“Specialized knowledge” is defined as the specific knowledge relating to a

company’s product, service, research, equipment, techniques or other interests.

Those with “specialized knowledge” also understand the company’s business

in international markets or have an advanced level of understanding about

processes and procedures specific to the company or industry.

04 The L-1 Visa

quick tips: L-1A visa holders may receive initial approval for three years with two 2-year

extensions available (total eligibility of seven years).

L-1B visa holders may receive initial approval for three years with one 2-year

extension available (total eligibility of five years).

All L-1 visas are dual intent, allowing the visa holder to work in the United States

while also pursuing permanent residency (via a green card) at the same time.

Spouses of L-1 visa holders are eligible to apply for work authorization once they

are in the United States.

YES NO

Has the employee worked at a foreign affiliate of the sponsoring U.S.

entity for at least 12 continuous months in the last three years?

If you answered YES to any of these questions, the L-1 visa may be

a viable H-1B alternative.


Is the employee in an executive, managerial or “specialized knowledge” role?

Is the foreign affiliate of the sponsoring U.S. entity related as a parent,

subsidiary, branch, affiliate or joint venture?

YES NO

YES NO


The H-1B1 VisaDo you have employees from

Singapore or Chile?

If so, the H-1B1 visa could be a

viable alternative visa option.

05H-1B1 Visa

05 The H-1B1 Visa


Who’s Eligible?

OR

filling a “specialty occupation” role.

Citizens

of Chile

Citizens of

Singapore

The Specifics: Qualifying candidates must be filling a “specialty occupation” role, meaning

it requires a specific skill set and background of specialized knowledge.

Candidates must also hold a bachelor’s degree (or equivalent) in

a major related to the U.S.-based position they are pursuing, or

possess equivalent work experience.

While there is no set “specialty occupation” list, occupations

often fall into a few categories. Examples include engineering,

mathematics, physical sciences, computer sciences, medicine,

health care, education, biotechnology, management, human

resources, etc.

05 The H-1B1 Visa


quick tips: The H-1B1 visa is typically approved for 12 months at a time with

extensions available through USCIS or at a U.S. consulate abroad.

Like an H-1B visa, employers must pay the prevailing wage of the

position and obtain a certified Labor Condition Application with the U.S.

Department of Labor.

H-1B1 holders cannot take advantage of portability rules, which makes

changing employers more difficult.

H-1B1 visas are not dual intent. To begin the application process for a

green card, the employee should first switch to an H-1B visa.

YES NO

Is your employee a citizen of Chile or Singapore?

If you answered YES to these questions, the H-1B1 visa may

be a viable H-1B alternative.


Is the employee filling a position that is considered a “specialty occupation”?

Does your employee hold a bachelor’s degree or equivalent work experience?

YES NO

YES NO


The F-1 OPT STEM ExtensionWhat about employees who currently

hold F-1 status?

The F-1 Optional Practical Training (OPT)

science, technology, engineering and

mathematics (STEM) extension is an

excellent solution to bridge the time

gap between the expiration of OPT and

the next H-1B cap season. In applying

for both visa types simultaneously, the

candidate has a built-in “plan B.”

06F-1 OPT

06 The F-1 OPT STEM Extension


Who’s Eligible? Foreign nationals with F-1 OPT student status studying at a U.S. college or

university.

Students who have exhausted their initial 12 months of OPT eligibility.

Students who hold a STEM-eligible degree.

The Specifics: The STEM-based OPT extension provides additional work

authorization beyond the initial F-1 OPT authorization of 12 months.

Once all OPT work eligibility is exhausted, no additional

extensions are given.

Examples of STEM-eligible degrees include those in

engineering, mathematics, military applied sciences, biology,

pharmacology, astronomy and astrophysics, chemistry,

economics, behavioral science and environmental studies.

quick tips: Once all extensions are used, the foreign national can pursue a green

card, but travel restrictions apply throughout the process.

Employers must be enrolled in E-Verify for the foreign national to receive

approval for an F-1 OPT STEM extension.

06 The F-1 OPT STEM Extension


YES NO

YES NO

Does the employee currently hold F-1 OPT status?

Does the employee currently hold F-1 OPT status?

If you answered YES to all of these questions, the F-1 OPT STEM

extension visa may be a viable H-1B alternative.


Has the employee exhausted the initial 12 months of

OPT work eligibility?

Does the employee hold a STEM-based degree?

YES NO

YES NO

Request a free H-1B Alternative assessment today

855-840-8046 go.visanow.com/contact-us-alternatives

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information on the issues discussed, consult a VISANOW-retained attorney or another qualified professional.

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Documents

the Comprehensive Guide to H-1B Visa Alternatives · ALTERNATIVES TO THE H1B VISA: OUR COMPREHENSIVE GUIDE What makes the H-1B visa so popular? It’s the most accessible work visa