Now that the cap for H-1B visas has been reached, numerous foreign individuals resort to alternative visa types which might give them the right to work and live in the United States.
What are some of the visa alternatives that H-1B applicants may resort to?
O-1 and P-1 visas are specifically reserved for individuals with extraordinary abilities (and ideally international recognition) in the fields of business, education, science, the arts or sports. Not many individuals will qualify – this is why it is important to consult an experienced immigration lawyer to check your eligibility. Both O-1 and P-1 visas provide applicants with work authorization and a path to Permanent Residence.
E-1/E-2 visas allow certain nationals of countries with which the United States maintains a treaty the right to live, work and invest in the United States. E-1: The applicant’s country of origin must maintain a major trade with the United States, and the applicant must demonstrate skills valuable for the company. On the other hand, an E-2 treaty investor visa allows foreign nationals to invest a substantial amount of money into a U.S. based venture. The visa allows them to direct and manage their E-2 venture in the United States, and allows spouse to work and children to study.
L-1 Intracompany Transferee
An L-1 visa allows multi-national companies to transfer their employees to the USA with the purpose of strengthening their US presence. This visa typically works better when employees are abroad, not currently in the U.S. An L-1 provides the benefit of work authorization for applicant’s dependents.
Our office can advise you on alternative paths in case you have lost your H-1B visa opportunity. Contact us at +1 305.372.0222 or [email protected]