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Specialty Occupation H-1B numerical limitation: Alternatives Visa

Now that the mad race for 2009 H-1B visas are not many requests considered classified by the U.S. Citizenship and Immigration Services (USCIS), because there were many complaints received more than most visas are available. On April 10, 2008 USCIS has announced that its service received 163 000 applications for the regular H-1B CAP 65,000 coveted visas available and requests for visas 20 000 31 200 Additional available to the United States who earned a master higher.

A large majority of the candidates and their employers sponsors include their applications rejected. Many employees whose application has not been selected have a limited amount of time they can work with the employer, unless an alternative H-1B can be found. Here are some options that can provide relief after H-1B.

Do not defeat the obvious high

a.) H-1B employers are exempt

Some employers are exempt from the numerical limit. This means that employers can file an exempt H-1B at any time. Employers exempt:

• Establish higher education, as defined in section 101 (a) of the 1965 Higher Education Act, 20 USC 1001 (a);

· Organization or nonprofit entities related to or associated with institutions of higher education and

Research · Organization nonprofit or government research organizations, as defined by 8 CFR 214.2 (h) (19) (iii) (C).

b.)-1B1 H Specialty Workers Singapore and Chile

Of the 65,000 H-1B visas, 6,800 visas are set aside during the fiscal year for H-1B1 program under terms of the United States and the United States-Chile Free Trade Agreement of Madrid. 1400 visas are reserved each year for nationals of Chile, and 5400 for National Singapore. As these employers wishing to recruit skilled workers who are nationals of Chile or Singapore is implemented by the H-1B1 category instead of the H-1B CAP general.

Extend OPT and try again next year

Employees currently post-completion optional practical training (OPT), as part of your student visa can now extend their status as occupied Palestinian territory. The April 4 2008 the USCIS announced the interim final regulation to extend OPT 12-29 months. People who work for employers in the occupied Palestinian territory, including the request H-1B is not selected for treatment, can extend your OPT status and apply for a new H-1B next year. To qualify for the extension a person must:

• To be involved currently in a period of 12 months after the conclusion of the OPT approved;

Πsuccessfully completed a degree in science, engineering, technology or mathematics (STEM) included in the DHS STEM Designated List Carrera (see article in this newsletter) a college or university certified by the Immigration and Customs Enforcement U.S. Student and Exchange Visitor;

· Work for a U.S. employer in a job directly related to the major field of undergraduate study;

· Work for or accepted a job with an employer enrolled in the USCIS E-Verify. E-Verify is a free Internet-based system is operated in partnership with Security Administration social helps employers determine employment eligibility of newly hired workers, and

• Have adequate maintenance status F-1

Employers can consult a qualified immigration lawyer about the pros and risk register for the E-Verify, because it's the issues and special problems unique to this program.

Alternative Non-Immigrant Visas

a.) E-3, an alternative for citizens of Australia

The E-3 is a new nonimmigrant category available only to nationals Australians come to the United States to work in a specialty occupation. The requirements are essentially identical to the H-1B. If he succeeds, the recipient may first work for up to two years and the situation may be renewed indefinitely in two tranches years.

b.) L-1B / Transferee L-1A Intra

Companies with branch has a branch or subsidiary abroad may file a petition to qualify a foreign worker for the L-1 inter-company transferee. The L-1 visa is divided into L-1A manager or executive and L-1B, a person with specialized knowledge. An employee is eligible for a visa L-1 if they worked in subsidiaries and affiliates overseas for at least a year for the past three years at the time of entry into the U.S. The terms of the visa L-1 to impose a limitation on the length of stay, seven years for possession of a visa L-1A and 5 years for an L-1B. (See related article in this newsletter)

c.) E-2 Essential Employee

If Because the work is based on the status of E-2 visa, then its "key employees" may be eligible for E-2 visa to work in the company E-2. Visa E-2 requires a substantial investment in new or existing business in the United States and is based on a treaty of commerce and navigation between the United States and E-2 holder country.

d.) J Exchange Visitor

A J-1 visa holder is a non-immigrant coming to the United States as a "Exchange Visitor" temporarily participate in a program as a "bona fide" student, researcher, trainee, teacher, teacher assistant research specialist, or leader in a field of expertise or skills. "Sponsoring entity J visa must be accredited by the Department U.S. State. According to the J visa category mentioned above, the limitation of stay is 4 months to 36 months.

e) O Visa: Alien of extraordinary ability

Foreigners are eligible for F-1 visa if they have an extraordinary ability in the sciences, the arts, education, business, athletics, and for those who have achieved outstanding performance in the film and television industry. There are three important elements classification O:

1. The stranger had extraordinary ability in the sciences, arts, education, business or athletics has been demonstrated by national or international recognition or support related to film and TV product with a proven track record of outstanding results, and

1. Whose achievements were recognized in the field through extensive documentation, and

1. Who and seeks to enter the United States to continue working in the area of extraordinary ability.

The O-2 designation is given to those who help the O-1 artistic or athletic activities. Spouses and unmarried children may accompany or O-1 visa holder O-2 as the O-3.

f.) national trade: TN-1 & 2-TN

According to the Free North American Free Trade Agreement (NAFTA), Canada (NF-1) and Mexican citizens (TN-2) may enter the U.S. temporarily "to engage in professional level." To be eligible for the NT, the alien must make a business work is included in NAFTA. Unless otherwise noted, TN professions require a special permit or a diploma. TN status is granted for a maximum period of 12 months which can be renewed indefinitely as long as the alien maintains residence abroad.

About the Author

John Mei is an immigration attorney and partner with the law firm of Danziger and Mei, LLP located in Woodland Hills, California. Mr. Mei provides clients with solutions in the area business and corporate immigration law. His practice areas include all nonimmigrant visas, labor certifications, schedule A workers, petitions for EB 1 to 3, National Interest Waivers, investor visas such as E-1 / E-2 and EB-5 investor petitions. Mr. Mei’s law firm has represented U.S. companies, multi-national corporations, start-ups, publically traded corporations, hospitals, as well as public and private universities, and foreign investors. He is committed to providing legal services focused on professional ethics and giving clients results through creative legal solutions. Mr. Mei endeavors to build relationships with clients based on trust and communication. As such returning client phone calls and emails inquiries is a priority.To contact John Mei, please visit his firm’s website at: http://www.danzigermei.com/

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