VISA OPTIONS IF
YOU’RE TOO LATE FOR AN H1B VISA .
As predicted, within days, the visa quota for the H1b professional visa
was used up in April this year. The U.S. Citizenship and Immigration Service (USCIS) announced this week
that it has reached the congressionally-mandated
65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient
number of H-1B petitions to meet the 20,000 visa U.S. advanced degree
exemption, known as the master’s cap.
So what are your options if you or your employee have gotten your H1b application
in time? What if you are not eligible
for an H1b visa?
This article will provide an overview of these non-immigrant visas in the U.S.
based upon employment or business purposes.
Some of these options surely will not apply; but perhaps there is one or
more that can provide a short-term or long-term option for you or your
employee.
F-1 visa: Student
visa. Visa for an unspecified period of
time while the student is enrolled full-time in an approved program of study. This may be a good option if you were a
student before applying for the H1b and you can extend your study or go back to
school. It usually is an expensive
solution as you need to study full-time and pay international student
tuition. Generally, you cannot work with
this visa.
J-1 visa: Training
visa. Visa for up to 18 months while the
person is enrolled in an approved program of training for a specific company. This can be a good option for persons having
completed college recently. You obtain a
work permit, but it is supposed to be “on-the-job” training only.
B-1 visa: Business visa. Available to persons doing business in the
U.S. It is usually valid for six months
or less, but may be extended in the U.S. by simple application to the CIS. This can be a possibility to extend your time
here in order to search for business partners and contacts, as long as you
adhere to the visa terms: no working, visa ends in six months or less.
B-2 visa: Tourist
visa. It is usually valid for six
months or less, but may be extended in the U.S. by application to the CIS. This can provide a short-term solution,
allowing the foreign national to stay a few months longer before returning home
for touristic reasons. Filing the extension application
automatically extends one’s legal stay in the U.S. until a decision is reached.
L-1 visa: Intra-company
transferee. This is a good option for
foreign nationals employed by a multi-national company doing business
here. A visa for an executive or person
with specialized knowledge, sponsored by a company abroad with a related
company here. The first visa is valid
for 1 year , but may be extended up to 7 years.
It provides the right to work for the sponsoring company. Does not require that the applicant have a
degree.
E visa: Treaty
trader or investor visa. This is a good option if you happen to have a “substantial” amount of
money to invest in the U.S. and want to start a business here. Requires a treaty with the country of origin of
the applicant and substantial investment in the U.S. or trade with the U.S.
R-1 visa: Religious
worker. A visa for persons sponsored
by a religious institution, valid for 2 years but may be extended. A
very good alternative for persons offered work by a church, synagogue, school
or other religious institution.
O/P visa: Artist
or entertainer. A visa allowing artists,
entertainers or athletes to stay in the U.S. for the purpose of specific
performances for a specific limited period.
The government requires that they document their “outstanding”
qualifications and “international acclaim”.
The standards are quite high.
Every person’s
unique case must be evaluated specifically to determine which non-immigrant
visa might offer the best chances for extending their legal status here. These categories are not broad and the
options are limited, but in many cases, one may find a solution if their H1b
visa dreams were unfulfilled this year.
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CHRISTOPHER
A. KEROSKY is a partner with Wilson Purves in the law firm of KEROSKY PURVES
& BOGUE, with offices located in
San Francisco, Santa Rosa, Ukiah, Napa, Walnut Creek, San Jose and
Sacramento. Mr. Kerosky has been an
attorney licensed to practice law in California for 25 years. He is a graduate of UC Berkeley (Boalt Hall)
School of Law and a former trial lawyer for the Civil Division of the U.S.
Department of Justice in Washington D.C.
For 8 years, he has been honored as one of Northern California’s top
lawyers by San Francisco Magazine, “Super Lawyers” edition. Mr. Kerosky speaks English, Spanish and
Polish and has also working knowledge of Russian.
WARNING: The article above is not intended to be a
substitute for legal advice. We recommend that you get competent legal advice
specific to your case.