6/25/2015 1 TOP 6 ALTERNATIVES TO H-1B VISAS FOR FOREIGN NATIONAL PROFESSIONALS Ann Massey Badmus Cowles& Thompson, PC WELCOME Practice Leader Immigration Section Cowles & Thompson, PC www.badmuslaw.com Ann Massey Badmus Presenter ? Ask questions at any time ? Use your Q&A pane at the bottom of your screen to type and send your questions. ? Questions will be answered during the presentation and during the Q & A session.
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Top 6 Alternatives to H-1B Visas for Foreign Professionals
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6/25/2015
1
TOP 6 ALTERNATIVES TO H-1B VISASFOR FOREIGN NATIONAL PROFESSIONALS
Ann Massey BadmusCowles& Thompson, PC
WELCOME
Practice LeaderImmigration SectionCowles & Thompson, PCwww.badmuslaw.com
Ann Massey BadmusPresenter
? Ask questions at any time
? Use your Q&A pane at the bottom of your screen to type and send your questions.
? Questions will be answered during the presentation and during the Q & A session.
6/25/2015
2
AGENDA
H-1B Visa Overview
Alternative Hiring Options
Alternative Temporary Visa Options
Green Card Options
H-1B Visa Overview
H-1B Nonimmigrant Visas
A nonimmigrant (temporary) visa that allows a non-citizen to be employed in the United States for up to 6 years in a “specialty occupation” for a specific employer (“petitioner”).
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What is a Specialty Occupation?
An occupation that requires highly skilled specialized knowledge and
A bachelor’s or higher degree (or its equivalent) in the specific specialty as a minimum for entry into the occupation
Employee Qualifications
Have completed a U.S. bachelor’s or higher degree (or its foreign equivalent) or
Have education, training, or experience in the specialty equivalent to the completion of such degree (3:1 rule) and
Possess full state licensure if required to practice in the state of employment
H-1B Numerical Limitations - “H-1B Cap”
Quota of 65,000 new H-1B visas per fiscal year (except Free Trade Act (FTA) nationals)
20,000 per fiscal year for persons who hold US Master’s degrees or higher
Applies to first-time H-1B or previously cap-exempt H-1B employees
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Alternatives to Cap-Subject H-1B Visas
COMMON REASONS TO LOOK FOR OTHER OPTIONS
H-1B visa cap application rejected
Too late to apply for H-1B cap visa
H-1B maximum limit of 6 years has been reached
H-1B visa application denied
HIRING OPTIONS – PREVIOUS H-1B EMPLOYEES
H-1B candidates previously counted in the cap
Remaining time on 6 year maximum period
Inside or outside the U.S.
Can apply any time
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Cap-exempt employers
Universities and non-profit petitioners affiliated with post-secondary educational institutions
Government research organizations and non-profit petitioners affiliated with government research institutions
For-profit employers who place employee at a non-profit, university-affiliated facility for at least 50% of work week
Cap-exempt beneficiaries
Physicians who are beneficiaries of J-1 IGA waivers only (does not include hardship waivers or persecution waivers)
HIRING OPTIONS – CAP EXEMPTIONS
For profit employer offers part-time
employment to the provider (ranges from 5 to 60 hours/week)
The start date of the H-1B must be a date
before the EMPLOYEE’s cap-
exempt H-1B expires.
Concurrent H-1B petition is filed and approved before
current cap-exempt employment ends.
HIRING OPTIONS – CONCURRENT H-1B
F-1 Optional Practical Training (OPT) in the field of training for12 months
17 month extension available for STEM fields – www.ice.gov for list of occupations