H. Ronald Klasko Andrew J. Zeltner Alternatives to H-1B H. Ronald Klasko Andrew J. Zeltner

Avoiding H-1B Quota Exemption based on employer Universities Non-profits affiliated with universities Increased scrutiny of affiliations Non-profit research organizations (primarily engaged in research) Government research organizations Employed “at” a cap-exempt entity

Avoiding H-1B Quota Exemption based on employee cont’d Exemption based on employee Previously counted (in last 6 years) Singapore/Chile (H-1B1) or Australia (E-3) Concurrent employment

Alternatives New F-1 degree program – possibility of CPT Employ at overseas office Possible B-1 entry H-1B or L-1 after one year B-1 in lieu of H-1B O visa Artists with distinction in field; or Foreign nationals with extraordinary ability

Alternatives TN visa Citizens of Canada and Mexico cont’d TN visa Citizens of Canada and Mexico Must have employer and job offer Profession must be on the NAFTA list Applicant must have qualifications as indicated on NAFTA list Must evidence nonimmigrant intent

Alternatives E visa Spouse of E, J, or L Apply PERM/LPR directly cont’d E visa Must be national of treaty country http://www.travel.state.gov/visa Can acquire citizenship by investment in Grenada Employing company must be owned at least 50% by treaty country nationals Executive, supervisory, essential skill employee No quota and can be extended indefinitely Spouse of E, J, or L Apply PERM/LPR directly Especially if STEM OPT