H-1Bs Gone - What are Alternative Work Visas to Consider?
The cap of 85,000 new H-1B visas for FY2018 was met on April 7, 2017.
With the option of obtaining a cap-subject H-1B visa for 2018 off the table, you may wonder: what options are available to employers seeking work visas? What should the plan of action be for professionals?
Alternative Work Visas to the H-1BUnfortunately, some employers must wait until April 2018, when the H-1B quota re-opens and employers can file petitions for the 2019 fiscal year. Early planning will be essential next year and changes are expected, so be sure to consult with an immigration attorney to help plan for your successful workforce strategy.
In the meantime, employers using and seeking global talent should look into other options available to them. Below are some alternative work visa options to consider.
* Cap-Exempt H-1B Visas
o F-1 Visas for Students - Maximize Use of OPT or Return to School and Seek CPT
o Green Cards in Extraordinary Ability or National Interest Waiver (NIW) Categories
o Green Cards under the PERM Track
o O-1 Visas for Individuals with Extraordinary Ability
o L-1 Visas for Intra-company Transferees
o H-1B1 Visas for Citizens of Singapore and Chile
o E-3 Visas for Citizens of Australia
o TN Visas for Canadian and Mexican Citizens
o H-3 Visas for Trainees
Changes to the H-1B process are expected from the Trump administration before the next filing season. Stay tuned to our newsletter, blog, and LinkedIn page for updates.
Early planning is keyOngoing changes are expected to our immigration system under the new Executive Order titled "Buy American, Hire American" that President Trump signed on April 18. The order calls for "crack down on fraud and abuse" of the immigration system to protect U.S. workers and for prioritization of certain American-made goods. We will provide updates as we know more about how this EO is expected to be implemented.
Early planning will be essential next year and more changes are expected, so be sure to consult with an immigration attorney to help plan for your successful workforce strategy.
In the meantime, employers using and seeking global talent should look into other options available to them.