April 24th, 2025
12:00 PM ET
The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas, U. S. Citizenship and Immigration Services (USCIS) conducts a lottery to select which applicants can have their visa application processed. Once the year’s H-1B cap has been filled, new H-1B cap visas won’t be available until the start of the next fiscal year. Employers will be left wondering – are we really out of options until then? The good news is, employers have several alternatives to H-1B Cap visas.
In this presentation, we will discuss key alternative visa sponsorship options for foreign nationals not selected in the H-1B cap lottery to consider including:
- Cap-exempt H-1B
- Treaty-based visas (TN, E-3, H-1B1, E-2)
- F-1 OPT and STEM extension considerations
- L-1 intracompany transferee application
- O-1 extraordinary ability employees
- J-1 Exchange Visitor Program
- National Interest Waiver immigrant petition
Education Credits:
CLE Credit in New York and California pending.
SHRM Professional Development Credit pending.
