Alternatives to H1 B H Ronald Klasko Andrew

Alternatives to H-1 B H. Ronald Klasko Andrew J. Zeltner

Avoiding H-1 B Quota • Exemption based on employer Universities § Non-profits affiliated with universities § o Increased scrutiny of affiliations Non-profit research organizations (primarily engaged in research) § Government research organizations § Employed “at” a cap-exempt entity §

Avoiding H-1 B Quota • Exemption based on employee Previously counted (in last 6 years) § Singapore/Chile (H-1 B 1) or Australia (E-3) § Concurrent employment § cont’d

Alternatives New F-1 degree program – possibility of CPT • Employ at overseas office • • • Possible B-1 entry H-1 B or L-1 after one year B-1 in lieu of H-1 B • O visa • § § Artists with distinction in field; or Foreign nationals with extraordinary ability

Alternatives • TN visa • • • Citizens of Canada and Mexico Must have employer and job offer Profession must be on the NAFTA list Applicant must have qualifications as indicated on NAFTA list Must evidence nonimmigrant intent cont’d

Alternatives • cont’d E visa • Must be national of treaty country o o • • • http: //www. travel. state. gov/visa Can acquire citizenship by investment in Grenada Employing company must be owned at least 50% by treaty country nationals Executive, supervisory, essential skill employee No quota and can be extended indefinitely • Spouse of E, J, or L • Apply PERM/LPR directly • Especially if STEM OPT

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