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

2. 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

3. 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

4. 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

5. 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

6. Alternatives E visa Spouse of E, J, or L Apply PERM/LPR directly
cont’d
E visa
Must be national of treaty country
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