H-1B Visa: The H-1B nonimmigrant visa category allows employers to sponsor foreign nationals performing work in a “specialty occupation.” This typically requires an offer of employment in a job requiring at least a U.S. bachelor’s degree, or its equivalent, in that specific specialty or a related field. There is an annual limit or “cap” on H-1Bs of 65,000, with an additional 20,000 slots awarded to recipients of a U.S. master’s degree or higher. To allocate those H-1B numbers, USCIS holds an H-1B cap-subject “lottery” each year.
In 2020, a new H-1B CAP electronic registration process was established. Prospective petitioner companies seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and then pay the associated H-1B registration fee for each beneficiary. USCIS conducts a lottery at the end of April, based on electronic registrations submitted during the registration filing window in March. Selected registrants then have a 90-day deadline to file an H-1B petition, demonstrating that the offered job and the candidate meet all requirements. If insufficient petitions are approved to meet the cap, additional lotteries may be held to meet the cap, as was the case last year when three lotteries were held in April, July and November 2021.
Depending upon your situation, the following may be viable non-immigrant visa options for you to consider:
- F-1 Optional Practical Training/Curricular Practical Training;
- H-1B1, TN or E-3 visas based upon your nationality;
- Treaty Investor and Treaty Traders visas for nationals of countries that are party to a qualifying treaty with the United States if they or their company invests a substantial amount of capital in a U.S. enterprise, or engage in substantial trade, principally between the United States and the treaty country;
- O-1 Visas for Individuals with Extraordinary Ability or Achievement in science, business, education, athletics, arts, or achievement in the motion picture/television industry;
- H-3 or J-1 Visas for Trainees;
- International Entrepreneurs may have an option for “Parole” into the United States and be work authorized as employees/part owners of start-up companies that have received qualifying investments or grants, or can evidence “significant public benefit” to the United States;
- L-1 Visa for executives, managers and specialized knowledge professionals of qualifying foreign affiliates of US companies.
If you believe that one or more of the options outlined above would work for your company and candidate(s), do not hesitate to contact us at anita.ninan@ninanlegal.com.
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