H-1B VISA ALTERNATIVE
GUIDE
Year after year, employers and employees alike cross
their fingers and hold out hope when the H-1B cap
opens in April. The H-1B visa is the most sought-after visa
category for recent graduates and skilled workers who
want to join the U.S. workforce.
INTRODUCTION
H-1B ALTERNATIVES GUIDE 3
TN VISA
What makes the H-1B visa so popular? It’s the most accessible work visa option for skilled foreign nationals
to obtain if they hold a bachelor’s degree (or have equivalent work
experience). Hundreds of thousands of applications flood the U.S.
Citizenship and Immigration Services (USCIS) office every year, and as
a result, force all petitions into a lottery for random selection.
Each fiscal year, 65,000 H-1B visas are granted
to qualified applicants, along with an additional
20,000 for those with advanced degrees.
In 2015, USCIS received enough petitions to reach the cap by April
7. Nearly 233,000 petitions were submitted, leaving 64 percent of
H-1B seekers without employment authorization. The lottery system
determines which applications are processed, requiring those who
aren’t chosen to make alternative employment arrangements.
>60% of applicants aren’t selected in the lottery
>60%
H-1B ALTERNATIVES GUIDE 4
TN VISA
The need for alternatives can arise from a number of situations. Perhaps your foreign national’s petition was not selected in the H-1B lottery,
or changing business conditions have resulted in unanticipated hiring needs.
Whatever the reason may be, it’s important to know that alternatives
to the H-1B visa are available.
This guide outlines the most popular options and key details you need to know..
01 TN Visa
03 E-3 Visa
02 E-2 Visa
04 L-1 Visa
05 H-2 Visa
06 F-1 Visas
TN VISA
Are you sponsoring a Canadian
or Mexican national?
If so, he or she may be eligible for the
TN visa, which shares a number of
similarities to the H-1B, and is one of the
most popular and attainable alternatives.
These visas have no quota limit on the
total number of visas issued on a yearly
basis, and can be applied for at any time,
making it a smart alternative for those
who qualify.
01
H-1B ALTERNATIVES GUIDE 6
TN VISA
Who’s Eligible?
OR
in an occupation included in
NAFTA’s designated profession list.
Citizens of
Mexico
Citizens of
Canada
The Specifics:
The TN visa is valid for three years and can
be renewed as many times as needed.3 years
Accountant, engineer, scientist, health care professional, architect, lawyer,
teacher, economist, social worker, mathematician, psychologist, computer
systems analyst, industrial designer and more.
A full list of NAFTA-designated professions can be found here:
http://1.usa.gov/1QnF9QZ
Designated professions include:
ALTERNATIVES TO THE H-1B VISA: YOUR COMPREHENSIVE GUIDEH-1B ALTERNATIVES GUIDE 7
Quick Tips:
The TN visa is not dual intent. In other words, if an employee with a
TN visa pursues permanent residency, the individual will experience
difficulty renewing the visa and when traveling.
Canadians can bypass USCIS altogether and apply directly at a U.S.
Customs and Border Protection prescreening or border crossing.
Mexicans can bypass USCIS altogether and apply
directly at a U.S. consulate abroad.
Is your employee a citizen of either Mexico or Canada?
If you answered YES to both of these questions, the TN visa may be a viable H-1B alternative.
Review: Qualifying Questions
Is your employee’s profession included in the NAFTA professions list?
YES NO
YES NO
E-2 VISA
The E-2 visa category allows
managers, supervisors, executives,
essential employees or investors
from select treaty countries, such
as Egypt, Belgium and Colombia,
to temporarily travel and stay in the
United States to conduct business.
02
H-1B ALTERNATIVES GUIDE 9
E-2 VISA
Who’s Eligible?Foreign nationals sharing the same nationality as the company/
person that owns the sponsoring U.S. entity.
E-2 treaty countries include: Australia, Belgium, Colombia, Costa Rica, Czech
Republic, Egypt, France, Germany, Italy, Japan, South Korea, Mexico, Morocco,
Poland, Spain, Ukraine and the United Kingdom.
See the full list of treaty countries here: Envoy E-2 Treaty Countries
The nationality of both the employee and sponsoring U.S. entity must be included in the list of treaty countries:
There are three types of individuals eligible for an E-2 visa:
1 A foreign national investor with a sizable stake in a U.S. entity
(at least 50 percent ownership must be held at all times).
2 A manager or executive of an investing corporation who maintains a
controlling interest at all times with at least 50 percent ownership.
3 An “essential employee” of an investing corporation with key skills that
allow him or her to perform specific job functionalities.
H-1B ALTERNATIVES GUIDE 10
E-2 VISA
The Specifics:
An E-2 visa application can be completed either inside or
outside of the United States. Regardless of where the visa is
attained, it is renewable indefinitely.
If applied for while abroad at a U.S. consulate:
The length of visa validity varies between two and five years.
To obtain the visa stamp necessary for travel on an E-2 visa, foreign nationals
should visit their home country’s U.S. consulate. Processing times can be as
long as five months — so the employee will be absent during that period.
However, without the visa stamp, he or she will not have travel privileges.
If applied for while in the United States:
The E-2 visa will be valid for five years, but the employee must remain
within the Unites States and cannot travel abroad during that time.
Quick tips:
The E-2 visa is not dual intent.
To effectively begin the application process for a green card,
the individual should first switch to an H-1B visa.
Spouses of E-2 visa holders are eligible to apply for work
authorization once they are in the United States.
H-1B ALTERNATIVES GUIDE 11
If you answered YES to any of these questions, the E-2 visa may
be a feasible H-1B alternative.
Review: Qualifying Questions
Is the employee coming to the United States to invest
sizable capital into the business?
Is the employee a manager or executive?
Is the foreign national an “essential employee” for the company?
YES NO
YES NO
YES NO
ALTERNATIVES TO THE H-1B VISA: YOUR COMPREHENSIVE GUIDE
E-3 VISA03
The E-3 visa is an alternative only
applicable to Australian citizens
entering the United States to
perform services in a “specialty
occupation,” which is defined by
the same guidelines that apply to
an H-1B or TN visa.
03 The e-3 Visa
H-1B ALTERNATIVES GUIDE 13
E-3 VISA
Who’s Eligible?Citizens of Australia filling a
“specialty occupation” role.
The Specifics: Qualifying Australian citizens must be filling a “specialty
occupation” role, meaning it requires a specific skill set and
background of specialized knowledge.
While there is no set “specialty occupation” list, occupations
often fall into a few categories. Examples include health care,
biotechnology, human resources, education, engineering,
computer sciences, management, medicine, etc.
E-3 visas also require the Australian citizen to
hold a bachelor’s degree in a major related to the
U.S.-based position they are pursuing, or possess
equivalent work experience.
ALTERNATIVES TO THE H-1B VISA: YOUR COMPREHENSIVE GUIDEH-1B ALTERNATIVES GUIDE 14
Quick Tips:
The E-3 is valid for two years with unlimited extensions.
Spouses of E-3 visa holders are eligible to apply for work
authorization once they are in the United States.
If the foreign national changes employers, a new E-3 visa must be
approved before any work can begin.
Since the visa is dual intent, to effectively begin the application process
for a green card, the individual should first switch to an H-1B visa.
YES NO
Is your employee a citizen of Australia?
If you answered YES to these questions, the E-3 visa may be a viable H-1B alternative.
Review: Qualifying Questions
Is the employee filling a position that is considered a “specialty occupation”?
Does your employee hold a bachelor’s degree or equivalent work experience?
YES NO
YES NO
L-1 VISA
The L-1 visa is an H-1B alternative for
foreign nationals who are considered
key employees in overseas operations.
04
04 The L-1 Visa
H-1B ALTERNATIVES GUIDE 16
L-1 VISA
Who’s Eligible? Foreign nationals who’ve worked abroad at a foreign affiliate of the sponsoring U.S.
entity in an executive, managerial or “specialized knowledge” capacity.
Candidates must have worked abroad for at least 12 continuous months
out of the last three years at the time of application.
The Specifics: The foreign affiliate of the sponsoring U.S. entity must be related as a parent,
subsidiary, branch, affiliate or joint venture.
Employees who have worked in an executive or managerial role at the foreign
affiliate company are eligible for the L-1A subcategory visa.
Employees who possess “specialized knowledge” are eligible for
the L-1B subcategory visa.
“Specialized knowledge” is defined as the specific knowledge relating to a
company’s product, service, research, equipment, techniques or other interests.
Those with “specialized knowledge” also understand the company’s business
in international markets or have an advanced level of understanding about
processes and procedures specific to the company or industry.
H-1B ALTERNATIVES GUIDE 17
Quick Tips:
L-1A visa holders may receive initial approval for three years with two 2-year
extensions available (total eligibility of seven years).
L-1B visa holders may receive initial approval for three years with one 2-year
extension available (total eligibility of five years).
All L-1 visas are dual intent, allowing the visa holder to work
in the United States while also pursuing permanent residency
(via a green card) at the same time.
Spouses of L-1 visa holders are eligible to apply for work authorization
once they are in the United States.
YES NO
Has the employee worked at a foreign affiliate of the sponsoring U.S. entity
for at least 12 continuous months in the last three years?
If you answered YES to any of these questions, the L-1 visa may be a viable H-1B alternative.
Review: Qualifying Questions
Is the employee in an executive, managerial or
“specialized knowledge” role?
Is the foreign affiliate of the sponsoring U.S. entity related as a parent,
subsidiary, branch, affiliate or joint venture?
YES NO
YES NO
H-1B1 VISA05
Do you have employees from
Singapore or Chile?
If so, the H-1B1 visa could be a
viable alternative visa option.
05 The H-1B1 Visa
H-1B ALTERNATIVES GUIDE 19
H-1B1 VISA
Who’s Eligible?
OR
filling a “specialty occupation” role.
Citizens
of Chile
Citizens of
Singapore
The Specifics: Qualifying candidates must be filling a “specialty occupation” role, meaning
it requires a specific skill set and background of specialized knowledge.
Candidates must also hold a bachelor’s degree (or equivalent) in
a major related to the U.S.-based position they are pursuing, or
possess equivalent work experience.
While there is no set “specialty occupation” list, occupations
often fall into a few categories. Examples include
engineering, mathematics, physical sciences, computer
sciences, medicine, health care, education, biotechnology,
management, human resources, etc.
H-1B ALTERNATIVES GUIDE 20
Quick Tips:
The H-1B1 visa is typically approved for 12 months at a time with
extensions available through USCIS or at a U.S. consulate abroad.
Like an H-1B visa, employers must pay the prevailing wage of the
position and obtain a certified Labor Condition Application with the
U.S. Department of Labor.
H-1B1 holders cannot take advantage of portability rules, which
makes changing employers more difficult.
H-1B1 visas are not dual intent. To begin the application process for a
green card, the employee should first switch to an H-1B visa.
YES NO
Is your employee a citizen of Chile or Singapore?
If you answered YES to these questions, the H-1B1 visa may
be a viable H-1B alternative.
Review: Qualifying Questions
Is the employee filling a position that is
considered a “specialty occupation”?
Does your employee hold a bachelor’s degree or
equivalent work experience?
YES NO
YES NO
F-1 OPT STEM EXTENSION06
What about employees who currently
hold F-1 status?
The F-1 Optional Practical Training (OPT)
science, technology, engineering and
mathematics (STEM) extension is an
excellent solution to bridge the time
gap between the expiration of OPT and
the next H-1B cap season. In applying
for both visa types simultaneously, the
candidate has a built-in “plan B.”
H-1B ALTERNATIVES GUIDE 22
TN VISA
Who’s Eligible? Foreign nationals with F-1 OPT student status studying at a U.S. college or
university.
Students who have exhausted their initial 12 months of OPT eligibility.
Students who hold a STEM-eligible degree.
The Specifics: The STEM-based OPT extension provides additional work authorization
beyond the initial F-1 OPT authorization of 12 months.
Once all OPT work eligibility is exhausted, no additional
extensions are given.
Examples of STEM-eligible degrees include those in
engineering, mathematics, military applied sciences, biology,
pharmacology, astronomy and astrophysics, chemistry,
economics, behavioral science and environmental studies.
Quick Tips:
Once all extensions are used, the foreign national can pursue a green
card, but travel restrictions apply throughout the process.
Employers must be enrolled in E-Verify for the foreign national to
receive approval for an F-1 OPT STEM extension.
ALTERNATIVES TO THE H-1B VISA: YOUR COMPREHENSIVE GUIDE
H-1B ALTERNATIVES GUIDE 23
YES NO
YES NO
Does the employee currently hold F-1 OPT status?
Does the employee currently hold F-1 OPT status?
If you answered YES to all of these questions, the F-1 OPT STEM
extension visa may be a viable H-1B alternative.
Review: Qualifying Questions
Has the employee exhausted the initial 12 months of
OPT work eligibility?
Does the employee hold a STEM-based degree?
YES NO
YES NO
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