As we shared in Part 1 and 2 of our three part series on the H-1B visa, the H-1B visa is one of the most often sought ways in which foreign nationals extend their careers in the U.S. In this blog, we will look at alternatives to the H-1B, giving you a chance to understand if you are able to choose a different legal work path in the U.S.
For Those Only Eligible for the H-1B (no other visa types)
If you are not eligible for any of the other visa types we discuss below, your most expedient option is to become a student again. If you do not qualify for any of the other visa options we introduce below, you can consider an additional advanced degree in a full time program. This will move you back into F-1 student status, granting you opportunities to work while a student and also give you another year (or more, if you are a STEM major) of post-grad employment time in the U.S. See our other post about options to work.
The L-1 Visa
This visa allows a U.S. employer to transfer an executive or manager from one of their offices abroad to one of their U.S. offices. If the U.S. employer does not already have an office in the U.S., this visa may also be granted for sending an foreign employee to the U.S. to establish its U.S. office base. Employers who can petition for an L-1 visa must have a qualifying relationship with a foreign company and currently, or will be, doing business as an employer in the U.S. The potential L-1 employee should have been working for the employer for one continuous year within the last three years immediately prior to their admission to the U.S. on the L-1. This visa is employer initiated, and the employer must file a petition to begin this process.
The J-1 Visa
The J visa is an exchange visitor nonimmigrant visa for those approved to participate in visitor exchange programs in the U.S. such as au pairs, camp counselors, physicians, teachers, short term scholars and research scholars. Your first step in the J-1 visa process is to find an exchange visitor program through a designated sponsoring organization in the U.S. You can ensure your resume has the crucial keywords in your resume by downloading the F1hire extension, which will scan job posts you are interested in, and tell you how your skills may or may not match the position posting, helping you to revise your resume appropriately!
The E-1 and E-2 Visa
The Treaty Trader (E-1) and Treaty Investor (E-2) visas were established to facilitate and enhance economic interaction between the United States and other countries. These visas are granted for non-immigrants who come from countries with which the U.S maintains a “treaty of friendship, commerce and navigation”. E-visas are for applicants who want to come to the U.S. to carry out substantial trade, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2), per the U.S. embassy website. This visa can be self-initiated here.
The O-1 and P-1 Visas
If you are in the top of your field, you may qualify for the O-1 or the P-1: when we say “top” think of people such as Yao Ming or Ang Lee! This visa classification is for those who have extraordinary ability in the areas of arts, sciences, education, business, or athletics. This visa is granted for a period of three years (which can be extended in one year increments), and you must provide evidence of meeting designated criteria. The P-1 is a non-immigrant employer sponsored visa for athletes, artists and entertainers (and their coaches/support staff) for a specific competition, performance or event and lasts five years with possible extensions for an additional five years.
TLDR:
Often the most feasible way for the typical person to stay in the U.S. if they do not win the H-1B lottery is to continue their education via an advanced degree, which will reset their OPT. Other visa options do exist, most often for those with unique circumstances. If you qualify for the other visa options, download the F1hire extension which will filter the sponsor-friendly companies for you, while also helping you enhance your resume to make you more marketable to these sought after opportunities!
