Embracing the H-1B Visa Back-Up Plan for Success
The H-1B visa season is here again, and registration begins in less than a month! This is the most sought-after practical work visa for professionals holding 4-year bachelors’ or advanced degrees seeking work with a U.S. employer.
The registration period for the H-1B visa selection will open for 14 calendar days beginning on Wednesday, March 6, 2024, and end on Friday, March 22, 2024. U.S. employers seeking global talent to fill ‘specialty’ occupations in their company should begin working with an immigration lawyer early. The rules surrounding the H-1B visa process are complex, and most issues can be resolved early in the year before registration.
Congress sets a yearly cap on H-1B visas. Only 65,000- 80,000 visas are issued each fiscal year. There are exceptions to the cap, which are not discussed in this short article. Rather, this post discusses essential tips to successfully navigate the H-1B visa lottery selection process. Our attorneys have been representing employers and employees H-1B petitions for over 20 years, and the following pointers have been key for achieving overall work visa success:
First, acknowledge upfront that the H-1B visa is a ‘lottery’, therefore, it is important to have a backup plan in the event an H-1B candidate is not selected by U.S. Citizen and Immigration Services for a number which is needed to apply for a H-1B status. Alternative back up work visa plans we review with clients include the: L-1, O-1, J-1, E-2, H-3, B-1 and TN NAFTA work visa options to name a few.
Second, it’s important to discuss the pros and cons of applying for an H-1B at a U.S. consulate abroad or through a change of status here in the United States. Our legal team works extensively bridging the status of F-1 students in OPT status, J-1 visa holders, Au Pairs and temporary B-1/B-2 visitors who choose to remain in the United States during the H-1B visa process. At no time can a non-citizen reside in the United States without a valid visa, so consular processing may at times be required to avoid any unlawful presence in the U.S. Bridging visa status is complex and requires experienced immigration counsel.
Third, please note that having a four-year degree or advanced degree does not automatically mean one may apply for an H-1B visa. Rather, the U.S. employer must be offering a specialty occupation position where the U.S. Department of Labor (DOL) has determined that a bachelors’ or advanced degree is required.
Finally, be prepared to file for an H-1B visa more than once if necessary…it is worth it. Also, be aware of new and emerging alternative work visa options. For instance, the Department of State has announced an exciting new cultural exchange work visa program for professionals whose degrees were earned abroad at a foreign college or University. This unique J-1 visa program allows a professional to work in the United States for up to 5 years, with very specific requirements. This year our immigration lawyers are screening U.S. employers and employees for eligibility in this program as an alternative option for the H-1B visa.
I hope the pointers here are helpful in planning your H-1B visa immigration strategy with experienced immigration counsel. To request a consultation with our law firm please email our business and employment legal team at info@becapitallaw.com or message us at (703)829.5881 for fastest response. We represent U.S. employers and non-citizen employees throughout the United States.
We have successfully processed these U.S. immigration matters for over 25 years. To schedule a consultation, you may email us at info@becapitallaw.com or call / text (703)966-0907. B&E Capital – Vassell Law Group,PC | http://www.vasselllaw.com | http://www.becapitallaw.com | Members of the American Immigration Lawyers Association for over 20 years.