H-1B Cap Reached: Exploring Alternatives for Foreign Workers
Many readers of the Green Card Link immigration blog already know that the H-1B “specialty occupation” cap for Fiscal Year 2014 was quickly reached. Once the cap was met, the United States Citizenship and Immigration Services (USCIS) stopped accepting new H-1B cap-subject petitions for the remainder of the year.
For countless employers and highly skilled foreign professionals, this announcement came as a major disappointment. Petitions not filed by April 5, 2013, were left out of consideration, and many hopeful applicants found their cases subject to the lottery process. Unfortunately, a significant number of petitions were not selected.
This situation raises an important question: What options remain for foreign workers now that the H-1B cap has closed?
With the next H-1B filing window for Fiscal Year 2015 more than six months away, this is the perfect time to examine viable alternatives to the H-1B visa. Below, the immigration attorneys at Green Card Link outline some of the strongest options available.
What Is an H-1B Amendment?
The O-1 visa is designed for foreign nationals with extraordinary ability in science, education, business, athletics, or the arts, including motion picture and television. To qualify, a U.S. employer must demonstrate the individual’s sustained national or international acclaim and show that the applicant will continue working in their field of expertise.
Unlike the H-1B, the O-1 visa is not subject to an annual cap, and it does not carry the same strict time limitations. For accomplished professionals, this can be a powerful pathway to employment authorization in the U.S.
L-1 Visa: Intracompany Transfer
The L-1 visa is a strong option for multinational companies with offices in both the U.S. and abroad. It allows businesses to transfer executives, managers, or employees with specialized knowledge to their U.S. branch, affiliate, or subsidiary.
To qualify, the employee must have worked abroad with the company for at least one of the last three years. The L-1A visa is commonly used for executives and managers, while the L-1B visa supports employees with specialized expertise.
TN Visa: NAFTA Professionals
Under the North American Free Trade Agreement (NAFTA), citizens of Canada and Mexico may apply for TN visa status. The TN classification enables these professionals to work in the U.S. temporarily in pre-approved occupations.
For eligible Canadian and Mexican workers, the TN visa offers a faster and often more flexible alternative to the H-1B.
E-3 Visa: Australian Professionals
The E-3 visa is exclusively available to Australian citizens, along with their spouses and children. It applies to individuals seeking employment in specialty occupations, similar to H-1B requirements. Notably, the E-3 visa is renewable and comes with significant benefits for family members, as spouses can apply for work authorization.
J-1 Visa: Exchange Visitor Program
The J-1 visa offers another route for those pursuing opportunities in the United States. It supports a variety of exchange programs approved by the U.S. Department of State, including teaching, studying, research, business training, and medical residencies.
Eligible categories include:
- Professors and research scholars
- Business trainees
- Primary and secondary school teachers
- Medical residents and interns
- Specialists with unique skills
The J-1 visa is an excellent pathway for individuals looking to gain valuable experience while contributing to U.S. academic, cultural, or professional development.
H-1B for Fiscal Year 2015
Finally, foreign workers may also consider waiting for the next H-1B filing window, which opens on April 1, 2014, for Fiscal Year 2015. While this option may require patience, early preparation can improve the chances of success.
How Green Card Link Can Help
If you have been affected by the closure of the FY 2014 H-1B cap and are now exploring alternative options, the immigration attorneys at Green Card Link are ready to help. At Green Card Link, its immigration attorneys focus on employment and investment immigration, including H-1B petitions and the alternatives outlined above.
With extensive experience in navigating complex visa matters, Green Card Link can evaluate your eligibility, guide you through the application process, and help you find the best path forward.