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H-1B Cap Reached: H-1B Alternatives & Options for Sponsorship

worker looking at papers

The H-1B visa lottery winners for FY 2022 cap have already been selected. The U.S. Citizenship Immigration Services (USCIS) already notified applicants who will be receiving an H-1B visa in 2022.

If you were not one of the applicants selected, many H-1B visa alternatives can help you become a legal worker in the United States. Learn more about the different employment visa options available for foreign professionals.

If you need assistance finding the right work visa for you, contact our Dallas employment immigration attorneys today at (844) 299-5003 to schedule a consultation!

O-1A Visas: Individuals with Extraordinary Ability or Achievement

The O-1A visa is a good H-1B alternative for established professionals looking to work in the United States. The O-1A visa is designed for individuals who have an extraordinary ability or achievement in the field of science, art, education, business, or athletics. Individuals in the motion picture or television industry can pursue an O-1B visa.

If you are an expert in one of the fields listed above, you may be eligible to receive an O-1A visa. An O-1A visa allows an applicant to work in the United States for up to three years but can request extensions with one-year increments. Plus, there are no limits to the number of extension requests.

L1 Visa: Temporary Workers

If you already work for an employer with offices in the United States, you don’t need to pursue an H-1B visa. An L-1A or L-1B visa allows offices in the United States to temporarily transfer employees to the U.S.

To be eligible for an L1 visa, the employer must prove that the employee has worked at their international office or branch for at least one year within the last three years. The employee must also have managerial, executive, or specialized knowledge.

Compared to an H-1B visa, an L-1 visa is primarily designated for employees who already work for a foreign branch of a company that has offices in the U.S. or a company that wants to expand to the states.

Another major difference is with an H-1B visa, you must be paid the prevailing wage for the area you intend to work, but this is not this requirement with the L1 visa. Your salary and wages could be different, depending on whether you applied for the H-1B or L-1 visa.

TN Visas: NAFTA Workers

Under the North American Free Trade Agreement (NAFTA), a special economic and trade relationship was created between the United States, Mexico, and Canada. With this agreement, citizens of Mexico and Canada can temporarily work in the United States in designated occupations and activities approved by NAFTA.

Applicants must prove that they are professionals in nature and meet the requirements for certain occupations, such as:

  • Accountants
  • Architects
  • Economists
  • Engineers
  • Doctors
  • Professors/educators
  • Management consultants
  • Urban planners, geographers

How Do I Know Which Visa Is Right for Me?

If you weren’t able to get an H-1B visa, don’t lose hope. There are many different visa options available that could help you achieve your immigration goals. Since immigration laws are complex, it is best to speak with an experienced immigration attorney to determine which visa is right for you.

Our team at Akula & Associates P.C. has helped professionals achieve the best possible results for their immigration cases. We can review your situation and help you determine which employment visa is best suited for your unique circumstances. Our team can also help you complete the legal documents needed to immigrate to the United States legally.

Contact our Dallas immigration attorneys today at (844) 299-5003 to schedule a consultation!