H-1B Visa Hits Record High - What Are My Alternative Immigration Options
U.S. Citizenship & Immigration Services (USCIS) has announced that it received nearly 275,000 cap-subject H-1B registrations from U.S. employers (a new record) for the 85,000 available H-1B visas. 46% of registrations were from candidates who possessed a U.S. Master’s degree or higher. As such, USCIS conducted a computer-generated lottery to determine which registrations will be invited to submit H-1B petitions. Employers who have their registrations selected in the lottery will receive a receipt notice from USCIS inviting them to submit their full H-1B petitions within the next 90 days. Those registrations that are not selected in the lottery will have to try again in 2021.
USCIS will continue, however, to accept H-1B petitions year-round from employers who are exempt from the H-1B cap (such as universities, nonprofits affiliated with institutions of higher education, or nonprofit research organizations), as well as petitions to extend the status of those currently in H-1B status or for those in H-1B status seeking to change employers.
If your H-1B registration was selected in the lottery, the time to start preparing a comprehensive H-1B petition is NOW. As evidenced, by the massive increase of Requests for Evidence (RFE) and denials of H-1B petitions issued by USCIS over the past year, employers and foreign nationals should be prepared to evidence the following, in order to increase their chances of getting their visa petitions approved:
Alternative visa options are available, though, for those employers and employees who fail to receive an H-1B visa. The following visas are available throughout the year, without numerical caps, for qualifying foreign nationals:
L-1 Visa: For intracompany transferees who have worked for a foreign entity for one year and are seeking to transfer to a U.S. subsidiary, affiliate, parent, or branch office in the U.S. in a managerial, executive, or specialized knowledge capacity
E-1/E-2 Visa: For international investors or traders from certain treaty countries looking to engage in substantial trade between the U.S. and their foreign country or to develop and direct the operations of an enterprise in which the foreign national has invested. The E-1/E-2 visa is a great option for foreign entrepreneurs seeking to work in an essential capacity for their U.S. entity.
O-1 Visa: For foreign nationals of extraordinary ability who have achieved national and international recognition for extraordinary achievements in their field of endeavor.
TN Visa: For Canadian and Mexican citizens employed in certain professional categories seeking to engage in U.S. employment. Examples of qualifying TN professional occupations include, but are not limited to Engineer, Accountant, Architect, Computer Systems Analyst, Geologist, Geophysicist, Graphic Designer, Management Consultant, Scientific Technician, Engineering Technicians, and many occupations in the medical and allied health field.
H-3 Visa: For foreign nationals coming to the U.S. to engage in a course of training.
E-3 Visa: For Australian citizens who will be employed in a specialty occupation in the U.S. (similar requirements to the H-1B visa).
Watch our immigration videos for additional information on these visas and to learn more about the eligibility requirements. As always, if you have questions about the H-1B visa cap or any of these work visa options, please contact our office.