Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some lesser-known solutions that may ensure foreign national employment in the future. Here’s a quick overview of eight key alternatives for workers who are not chosen under the H-1B cap. 1. Additional H-1B Options H-1B visas are available to foreign nationals with at least a bachelor’s degree (or its equivalent) working in a role deemed to be a “specialty occupation” by USCIS. The annual H-1B cap allows for 65,000 “regular” visas and 20,000 visas for workers with a U.S. master’s degree or higher. But here are some additional H-1B options you may not have known about: • H-1B1s are available for nationals from Chile and Singapore, and while there is an annual cap for these visas, it’s not reached as quickly. • Some organizations are exempt from the H-1B cap, including certain non-profit organizations and education institutions. • The H-1B visa is portable. So, you may be able to hire a foreign national who is already in H-1B status working for another U.S. employer, though additional steps may be required in some circumstances. 2. Temporary Business Visitors Instead of an H-1B, B-1 visas may be available to some foreign nationals. Workers may be eligible for a B- 1 visa if, for example, they are traveling to the U.S. to consult with business associates, negotiate a contract, participate in short-term training, or attend a conference that is scientific, educational, professional, or business related. 3. Transfers within Multinational Companies L-1 visas are available to foreign nationals who work for multinational companies full-time for at least one year in the last three years and will transfer to the U.S. to work for a related entity in a position that is executive or managerial or requires specialized knowledge, as long as the foreign position was also either executive or managerial or involved specialized knowledge. 4. Country-Specific Visas E-2, E-3, and TN visas are available to foreign nationals from certain countries that have treaties with the U.S. For example, professionals who are citizens of Canada and Mexico can secure TN status to work in certain professional positions (such as accountants, engineers, scientific technicians/technologist, management consultants, etc.).
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