Alternatives To H-1B Visa: Find out what can you do after H1B Cap has reached.
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2. What can you do after the H-1B Cap has reached? What are the alternatives to H-1B Visa category? How to find out the best H-1B alternative for your situation?
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3. Hiring H-1B Cap Exempt Candidates, or Students on F-1 OPTUsing Alternative Visas To H-1B VisaEven after the H-1B Cap is reached, these options are available for U.S. employers: What can you do afterthe H-1B ?
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5. a)Hiring H-1B Cap , or Students on F-1 OPT1. Hiring H-1B Candidates Inside the U.S. HIRE: H-1B candidates currently in the U.S. WHY: Professionals who are already in H-1B status and inside the U.S. with another employer can be hired without being subject to the annual cap.
6. 2. Hiring H-1B Candidates Outside the U.S. HIRE: Candidates outside the U.S. who were previously counted against the H-1B Capcurrently in the U.S. WHY: Even after the H-1B Cap is reached employers may continue to file H-1B petitions on behalf of foreign nationals who are currently outside the U.S. if they have held H-1B during the past six years and have not exhausted the full six years. a)Hiring H-1B Cap , or Students on F-1 OPT
7. 3. Hiring Students On F-1 OPTHIRE: Foreign students in the U.S. as part of their Optional or Curricular Training Program. WHY: Foreign students in Bachelors and Master’s degree programs are allowed 17 to 27 month off-campus work on F1 OPT. a)Hiring H-1B Cap , or Students on F-1 OPT
8. •What are the 6 alternative visa categories? •What criteria should you consider while evaluating these H-1B alternatives? Using Alternative Visas ToH-1B
10. b) Using To H-1B Visa1. L-1 Visa•U.S. Organizations may hire managers, executives and those with specialized knowledge from a related entity abroad (parent, subsidiary, branch or affiliate) to work in the U.S. on anL-1visa. •To be eligible, the employee must have worked for the foreign entity for at least one continuous year during the last three years of employment.
11. b) Using To H-1B Visa2. H-2B Visa•Personnel who are needed in the U.S. for a temporary, seasonal or a one-time employment may consider usingH-2Bvisa. •H-2B is generally available for jobs lasting less than one year.
12. 3. H-3 Visa H-3visa category allows foreign nationals to enter the U.S. to receive training. The employer must demonstrate that: •The training is not available in the foreign national's home country, and •The training will benefit the foreign national in pursuing a career outside the U.S. b) Using To H-1B Visa
13. 4. J-1 Visa•J-1trainee visa is a good option for those employees who are not experienced and who wish to be in the U.S. to gain knowledge on a client product or the prospective employer's products. •Some J-1s are subject to a two-year home country residency requirement. Before using J-1 visa as an alternative, employers should investigate whether the rule will apply to their specific scenario. b) Using To H-1B Visa
14. 5. B-1 Visa•B-1visa category can be used in cases where the foreign national is required in the U.S. for project discussions or any other work which is permissible as a ‘business activity'. •The foreign national cannot receive any remuneration or salary in the U.S. b) Using To H-1B Visa
15. 6. O-1 Visa•O-1visa category is for extraordinary people who are the “best” in their field. •It is generally used for artists, entertainers, athletes, scientists, researchers and business people. b) Using To H-1B Visa
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