H-1B VISA

AFTER H-1B CAP HAS REACHED

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?

What can you do after the

H-1B

Even after the H-1B Cap is reached, these

options are available for U.S. employers:

a) Hiring H-1B Cap Exempt Candidates, or

Students on F-1 OPT

b) Using Alternative Visas To H-1B Visa

a)

Hiring H-1B Cap

,
or Students on
F-1 OPT

a) Hiring H-1B Cap

Students on F-1 OPT

, or

1. 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.

a) Hiring H-1B Cap

Students on F-1 OPT

, or

2. Hiring H-1B Candidates Outside the U.S.

HIRE:
Candidates outside the U.S. who were previously
counted against the H-1B Cap currently 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

Students on F-1 OPT

, or

3. Hiring Students On F-1 OPT

HIRE:
Foreign students in the U.S. as part of their Optional or
Curricular Training Program.
WHY:
Foreign students in Bachelors and Masters degree
programs are allowed 17 to 27 month off-campus work
on F1 OPT.

Using Alternative Visas

To

H-1B

What are the 6 alternative visa categories?

What criteria should you consider while

evaluating these H-1B alternatives?

b)

Using
Visas To
H-1B Visa

b) Using

To H-1B Visa

1. 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 an 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.

b) Using

To H-1B Visa

2. 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.
H-2B is generally available for jobs lasting less than
one year.

b) Using

To H-1B Visa

3. H-3 Visa

H-3 visa 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

4. J-1 Visa
J-1 trainee 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

5. B-1 Visa
B-1 visa 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

6. O-1 Visa
O-1 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.

Are You

1 Hiring H-1B Candidates

2 Hiring Students on F-1 OPT
3 Using Alternative Visas To H-1B Visa

Find out
works best for you
with VisaPros FREE

About VisaPro
VisaPro was established in October 2002 with a dream to provide
exceptional U.S. immigration legal services at reasonable costs to
companies and individuals around the globe and today we are proud
to say that we have succeeded.

VisaPro offers services in the following areas:

Investor and Entrepreneur Advisory Services
Work Visas: E-3, H-1B, H-2B, H-3, L-1, O, P-1, P-3, TN
Investor Visas: E-1, E-2, EB-5
Green Cards
Employer Immigration Compliance

Contact Us
Washington, DC

Los Angeles

New York

1050 17th Street NW

Suite 1000
Washington, DC 20036

1100 S Hope St.

Suite 103
Los Angeles, CA 90015

520 White Plains Road

Suite 500
Tarrytown, NY 10591

I have had the pleasure of working with the staff at VisaPro. Their knowledge, professionalism

and overall pleasantness made my job much easier. They assisted me every step of the way in
applying for an H1B Visa, I could not imagine getting through this process without them. I
would highly recommend VisaPro to anyone applying for a Visa. I would most definitely use
VisaPro again
Beverly Brawer,
United States Luggage Company LLC