OPTIONS FOR H-1B LOTTERY LOSERS - PART 1

Now that all of the new H-1B visas for the 2015 Fiscal Year have been
allocated, What options do Employers who are looking to hire Foreign National
Professionals have?




Here are some creative solutions to this problem:




OPT – STEM Extension
If the company is registered for
E-Verify, the database that enables employers to verify the legitimacy of work
authorization and identity documents at the time of hire, those who have been
granted 12 months of Optional Practical Training after graduation, are eligible
for a STEM extension of an additional 17 months of work authorization.




O-1 Visa


The O-1 visa is suited for individuals of extraordinary ability
or achievement. The O classification is a useful and flexible alternative to the
H-1B program because there is no overall limit on time in the classification and
there is no cap. O-1 beneficiaries in the sciences, arts, education, business,
or athletics must have extraordinary ability “demonstrated by sustained national
or international acclaim.”




E-3 Visa


The E-3 visa classification is limited to Australian
Professionals. The E-3 visa is a “specialty occupation” visa similar to the H-1B
visa. Therefore to be eligible for the visa, the Australian citizen must possess
a bachelor’s degree or higher (or its equivalent) in the specialty and the
specialty occupation must require the degree. There is a 10,500 annual limit on
the E-3 visa.




L-1 Visa


The L-1 visa is an option for international organizations with
offices in the United States who transfer employees to the United States for
temporary periods of time. In order to be eligible for an L-1 visa, the
petitioning entity must prove that the beneficiary of the visa has worked for
the non-U.S. based sister company/subsidiary for at least one full year within
the last three years as an executive, manager or employee with specialized
knowledge.




H-1B Visa for FY2016


WAIT for the H-1B FY2016 Quota. The
H-1B FY2016 Quota will open on April 1, 2015 with employment beginning on
October 1, 2015. 65,000 visas are annually allocated to foreign nationals who
possess a bachelor’s degree or higher (or its equivalent) in the specialty and
the specialty occupation must require the degree. We can begin to prepare cases
for the annual quota now; however, no cases will be filed with the USCIS towards
the CAP until after April 1, 2015.