Published: January 8, 2022
The H-1B nonimmigrant visa category lets employers sponsor non-citizens with “specialty occupation” to work temporarily in the United States. While many U.S.-based employers find this option efficient, the USCIS only issues a limited number of H-1B visas per year. The annual limit is 65,000 visas, where 20,000 visas are allocated to individuals with a U.S. master’s degree or higher. Thankfully, other options still exist that allow employers to sponsor non-citizens to work for them in America.
Other Viable Options
Not being selected by the USCIS during their annual lottery for an H-1B visa should not be the last of your attempts at sponsoring a non-citizen as an employee in the United States. Aside from the H-1B visa, there are other options to try. Some of these work-related visas may work:
E-3 Visa
This visa is only granted to citizens of Australia who will work in specialty occupations. This issuance cap in this territory has never been reached.
F-1 Visa
This visa applies to:
• graduates a U.S. post-secondary institution may be eligible for a 12-month period of Optional Practical Training (OPT) employment authorization in a field related to their degree
• students undergoing Curricular Practical Training (CPT)
H-1B1 Visa
This visa applies to citizens of Chile and Singapore. This issuance cap in these territories has never been reached.
H-3 Visa
U.S.-based employers may hire H-3 Trainees if the goal is for the latter to obtain job-related training to be conducted outside the United States.
J-1 Visa
This visa applies to individuals:
• with a non-U.S. degree or professional certificate and at least one year of work experience.
• who recently graduated from a foreign college or university (for J-1 internship)
O-1 Visa
O-1 visa covers individuals with extraordinary ability or achievement. The O-1A category allows U.S.-based employers to sponsor individuals with extraordinary abilities in science, business, education, or athletics. On the other hand, the O-1B category applies to non-citizens with extraordinary ability in the arts or achievement in the motion picture/television industry.
USMCA
U.S.-based employers may sponsor for Citizens of Mexico and Canada working for “Professional Occupations” under the United States, Mexico, and Canada Agreement (USMCA).
Only the Best for You
What worked for others may not work for you. Refrain from relying on online searches and advice from non-expert acquaintances when sponsoring non-citizens as employees in the United States. You need the help of duly experienced and well-studied immigration lawyers. Are you looking for the best Los Angeles immigration lawyers? ALG Lawyers is always at your service.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)