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

VisaPro was established in October 2002 with a dream to provide

exceptional U.S. immigration legal services at reasonable costs to

companies and individuals around the globe and today we are proud

to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services

Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN

Investor Visas: E-1, E-2, EB-5

Green Cards

Employer Immigration Compliance

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Washington, DC 20036

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Los Angeles

Contact Us

“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

would highly recommend VisaPro to anyone applying for a Visa. I would most definitely use

VisaPro again”

Beverly Brawer,

United States Luggage Company LLC