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Posted on September 13, 2007 by VisaPro.com | Posted under Travel and Leisure
USCIS stops accepting H-1B petitions as cap is reached: What's next?
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If you miss petitioning for an employee before the cap is reached, you will have to wait until the next year to file an H-1B petition or look for an alternate visa category, which may or may not match your requirements. Hence, it becomes all the more important to ascertain your staffing requirements and plan the filing of H-1B petitions for employees whom you need to employ during the next fiscal year. Employers must also evaluate and utilize alternatives to the H-1B category, which may also be used to 'bridge the cap' until October 1st if you miss the H-1B bus for a particular year. 1. Hire within the U.S. A simple option to avoid the effects of H-1B cap getting over too soon is to employ workers from the U.S. market. However, this may not be a viable alternative for employers who are looking to employ foreign nationals with specific skills that are not readily available in the U.S. market. 2. Plan the filing in advance Because of H-1B cap issues, you need to plan for the next fiscal year in advance. There are several potential immigration strategies to survive the H-1B cap and one of them is filing as soon as the quota opens. Employers need to devise a suitable strategy for hiring a foreign national at least six to eight months in advance and plan the filing accordingly. This may still not be a solution when the need of a foreign national in the U.S. is immediate and emergent. 3. Recruit H-1B professionals currently in the U.S. Transfer of an H-1B professional from an existing U.S. employer to another employer within the U.S. is not subject to the annual cap. Thus employers may look at 'poaching' employees working with other organizations in the U.S. on H-1B visa. Another good thing about transferring an H-1B employee is that the employee does not need to wait for the approval of the transfer petition. He/She may start working with the transferee company as soon as the petition is received by the USCIS. 4. Hire students on OPT Employers may also consider employing students in the U.S. as part of their Optional or Curricular Training Program. Generally students, especially from Master's degree courses, are allowed one year of full-time off campus work on OPT. 5. Look for alternatives to H-1B U.S. employers may also use alternatives to the H-1B visa category and may consider the following visa categories: L-1 visa: Foreign organizations with a related entity in the U.S. (parent, subsidiary, branch or affiliate) may transfer managers, executives and those with specialized knowledge to work for their U.S. entity on L-1 visa. 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. H-2B visa: Personnel who are needed in the U.S. for a temporary, seasonal or a one-time employment may consider using H-2B visa. It is generally available for jobs lasting less than one year. H-3 visa: This visa category allows foreign nationals to enter the U.S. to receive training. The major drawback in using this category is that the employer has to demonstrate that such 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. J-1 visa: The J-1 trainee visa is also a good option for those employees who are not experienced and who wish to be in the U.S. to gain a good knowledge on a client product or the prospective employer company's own products. However, before using J-1 visa as an alternative, employers must investigate whether the two-year home country residency rule will apply to their case. B-1 visa: This visa category can be used in cases where the foreign national is required in the U.S. for project discussions and analysis or any other work which is permissible as a 'business activity', so long as the foreign national is not paid any remuneration or salary in the U.S. O-1 visa: This visa 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. Conclusion VisaPro specializes in serving individual and corporate clients in various countries all across the world. We have successfully handled H-1B petitions for a variety of clients ranging from a one-man start-up firm to a multinational company, from software engineers to market research analysts, fashion models, optometrists, medical technologists, organic Farm manager, and social workers etc. Contact VisaPro if you have any questions regarding H-1B process. VisaPro covers the latest happenings on work visas in Immigration Monitor, monthly newsletter. Click here to subscribe to Immigration Monitor. About The Author: The above article is brought to you by "VisaPro.com". VisaPro's US Immigration Lawyer Services include H-1B, K-1 Visa, L-1, Green Card, and over 100 Immigration Services. The information in this article is not intended to be legal advice. If you have questions specific to your case, we suggest that you consult with the experienced immigration attorneys at http://consultattorney.visapro.com Visit VisaPro regularly for updates and the latest immigration news at http://www.visapro.com |
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