Top 10 Alternatives to the H-1B Visa for Working in America

By Sanwar Ali:

The H-1B visa is a popular route for foreign professionals looking to work in the United States, but with stringent requirements and a cap of 85,000 on the number of visas granted each year, it's not always a feasible option. There are other U.S. visa options that may be available. Here, we explore the top 10 alternatives to the H-1B visa for working and living in America.

Table of Contents

1. Introduction
2. Cap-Exempt H-1B
3. L-1 Intracompany Transferee Visa
4. Optional Practical Training (OPT) with Extensions
5. Treaty-Based Visas
6. E-1 and E-2 Treaty Trader and Investor Visas
7. EB-5 Investor visa and EB-2 National Interest Waiver Options
8. Spousal Work Authorization
9. O-1 Extraordinary Ability Visa
10. Green Card Direct Filing
11. Conclusion

Introduction

The H-1B visa is a highly sought-after US work visa that allows employers in the United States to temporarily employ foreign professionals in specialty occupations. However, the process of obtaining an H-1B visa can be daunting due to the extensive application process, the limited number of visas available each year, and the lottery system which makes the outcome uncertain. For those who do not succeed in securing an H-1B visa, there are several other visas and immigration options worth considering.

Cap-Exempt H-1B

One alternative to the traditional H-1B visa is the Cap-Exempt H-1B. This option is available for certain employers who are exempt from the usual cap on H-1B visas. These include higher education institutions, related or affiliated nonprofit entities, nonprofit research organizations, and governmental research organizations. If you are employed by or have an offer from one of these cap-exempt employers, this could be a viable alternative to the regular H-1B visa.

L-1 Intracompany Transferee Visa

The L-1 visa is another alternative for those who work for multinational companies. This visa allows companies to transfer employees from their overseas offices to their U.S. office, or even establish a new U.S. office. This option is well-suited to foreign nationals currently employed abroad by companies for at least one year in the last three years with a presence in the U.S. An added benefit of the L-1 visa is that family members of L-1 visa holders are eligible for work authorization under L-2 status.

Optional Practical Training (OPT) with Extensions

For international students studying in the U.S. on an F-1 visa, the Optional Practical Training (OPT) program offers an opportunity to gain work experience in their field of study. OPT holders who have completed a STEM degree are eligible to apply for a 24-month STEM OPT extension, providing they meet certain requirements such as working for an E-Verified company and applying before their current OPT expires. This can provide a valuable stepping stone to other work visas or even a green card.

Treaty-Based Visas

Specific treaties between the U.S. and other countries have led to the creation of special work visas for nationals of those countries. For example, the TN visa is available to Canadian and Mexican nationals in certain professions, the E-3 visa is reserved for Australian citizens, and the H-1B1 visa is for nationals of Chile and Singapore. These visas are generally not subject to a cap in the same way the H-1B visa is, and can provide a more accessible route to working in the U.S.

E-1 and E-2 Treaty Trader and Investor Visas

The E-1 and E-2 visas are options for nationals of countries with which the U.S. has trade treaties. The E-1 treaty trader visa is suitable for individuals working for a multinational company with significant trade between the foreign country and the U.S., while the E-2 treaty investor visa allows foreign nationals to invest in the U.S. and manage their investment.

EB-5 Investor visa and EB-2 National Interest Waiver Options

The EB-5 Investor visa and the EB-2 National Interest Waiver can be valuable options for those willing to make a substantial investment in the U.S. economy under EB5 or those who can demonstrate that their work is in the national interest of the U.S under EB2. For the few people who qualify, these immigrant visa categories can provide a pathway to a green card without the need to first secure a temporary work visa such as the H-1B.

Spousal Work Authorization

If you're married to a U.S. visa holder, you may be eligible for spousal work authorization. This is available to spouses of L-1, E-1, E-2, and J-1 visa holders, as well as some H-1B visa holders. This can be a practical alternative if your spouse's visa allows for dependent work authorization.

O-1 Extraordinary Ability Visa

The O-1 visa is reserved for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. While this visa is difficult to obtain and requires substantial evidence, it can be a good option for individuals with significant accomplishments in their field.

Green Card Direct Filing

Finally, for some individuals and employers, directly filing for an employment-based green card may be a suitable option. This can bypass the need for a temporary work visa like the H-1B entirely, although many people will not meet the requirements. Also, processing time may be quite lengthy.

Conclusion

While the H-1B visa is a common choice for foreign professionals seeking to work in the U.S., it's not the only option. From cap-exempt H-1B visas to treaty-based work visas and green card applications, there may be alternatives.

workpermit.com helps with US Work Visa: L1, H1B, E2, and O1 Visas

There are various types of US visas that individuals can apply for, depending on their circumstances. Some of the most common employment-based visas include:

• L1 visa: This visa is for intracompany transferees who work in managerial or executive positions or have specialized knowledge.

• H1B visa: This visa is for specialty occupations that require theoretical or technical expertise in specialized fields.

• E2 visa: This visa is for investors who have made a significant investment in a US business and, management or essential skills employees.  Only certain nationalities can apply.

• O1 visa: This visa is for individuals with extraordinary abilities in the arts, sciences, education, business, or athletics.

Workpermit.com is a specialist visa services firm with over thirty years of experience dealing with visa applications. For more information and advice, please contact us on 0344 991 9222 or at london@workpermit.com(link sends e-mail)