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Exploring H-1B Alternatives

As we fast approach the April 1st deadline for H-1B visa applications, VISANOW, an immigration solution provider, is encouraging employers to get an early start when it comes to exploring all viable options when it comes to visas and the hiring of foreign nationals. In 2007, more than twice as many applications for the 65,000 available visas were received on the first day of filing - a clear indication that the allocated H-1B visa supply no longer meets demand. According to the firm, employers are urged to consider alternatives in order to avoid unnecessary visa processing issues. Depending on the situation and company, there are a number of options available, and many of these visas are processed faster and without the limitations of the H-1B cap. VISANOW advises that by taking the time now to explore alternatives, companies may actually be able to pre-determine the best method for hiring foreign nationals as part of their workforce and with relative ease. H-1B Alternatives include:

  1. TN Category Visa: Based on the North American Free Trade Agreement this visa is available to Canadian and Mexican citizens coming to the U.S. to perform professional activities. The TN visa has a one-year term, but can be renewed indefinitely. There is no cap on the number of TN visas allotted.

  2. L Category Visa: Similar to the H-1B, the L-1 visa allows companies to hire foreign employees on a temporary basis with the ability to provide permanent residency. The L-1 visa is available if a company is affiliated with a foreign operation, in which a foreign national is coming to the U.S. for a managerial or executive level position. To be eligible workers must have worked for the foreign company for at least one of the last three years.

  3. O Category Visa: Visas in this category are used for business and science professionals that exhibit extraordinary ability. The initial visa is valid for up to three years and can be renewed indefinitely for up to one year each time it is renewed.

  4. E Category Visa: Created for foreign workers from countries that signed the Friendship, Commerce, Navigation (FCN) treaty with the U.S. The E-2 visa is available to nationals of FCN treaty countries that have made a significant investment within the United States. The E-3 visa is specifically for Australians who intend on working in the U.S, temporarily in a specialty occupation. E category visas are valid for two years and can be renewed indefinitely.