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H1-B Cap Visa Reached- Available Options To Foreign Professionals Seeking To Work In The US

Available Options for Foreigners looking to work in the US

Now that the H1-B cap has been reached, what are the options for foreign workers?

The H1-B cap was reached by the USCIS in an unprecedented speed this year. In years past, the cap was reached in almost two months for fiscal year of 2007 and in four months for fiscal year 2006. It is clear that there is a big incongruency between the existing foreign talent and the amount of available H1-B Visas. As a result, one should explore other sorts of work Visas for entering and working in the United States.

The following Visas are options for entering and working in the US.

H-2B Visa: The H2-B Visa is available to foreign non-professionals, excluding agricultural workers. It is only available for work that is temporary in nature and grants a year of authorized stay. In general, this Visa can be extended for up to three years.

H-3 Visa: This type of Visa is available to those seeking to enter the US to obtain training that is not available in their country.

L-1 Visa: The L-1 Visa allows companies operating both in the United States and abroad to transfer certain classes of employees from its foreign operations to the US for up to seven years. The employee must have worked for the company outside of the US for at least one year in the last three years. In general, Green Cards are available to L-1 Visa holders after one year.

EB-2 Visa: The EB-2 Visa is available to individuals with advanced degrees. Advanced Degrees means a Masters or Doctorate (PhD, JD, MD, etc). The education may have been received in the United States or abroad. Individuals with a Bachelors degree and years of work experience in their field may also be eligible. This Visa may lead to a Green Card.

TN Visa: Available for Canadian and Mexican citizens. The applicant must be seeking a profession that qualifies under the Visa. The Visa is granted for one year at a time and can be extended for several years. This Visa can lead to a Green Card.

E-2 Visa: This Visa is available for nationals of treaty countries who wish to invest in the US in various business activities. This Visa can be renewed indefinitely and can have Tax benefits. However, it does not lead to a Green Card.

R Visa: The R Visa is available to individuals coming to the US to work for a religious organization in either a clergy or a lay capacity. The religious organization must have a bona fide nonprofit religious organization in the US. Qualifying positions include but are not limited to: Sunday school and religious instructors, preachers, counselors, cantors, religious media writers/broadcasters, priests, nuns, deacons, reverends. The job must relate to the performing of a religious function. This Visa can lead to a Green Card. There are a number of options available to foreign talent and workers. Make sure to contact an Immigration attorney to determine what option is best for you.


© 2007 Immigration Legal Experts, Inc. All Rights Reserved

About the Author:
Attorney Sonia M. Muñoz is the President of Immigration Legal Experts, Inc.,a South Florida-based law firm, handling cases in all 50 states and around the world. The Firm is very active in protecting the rights of Immigrants and in assisting foreign professionals to legally enter and work in the United States. You can find more information about the Firm and different methods of entry into the US on their website at Immigration Legal Experts, Inc or by calling 1-866-482-VISA.

Source: www.coolimmigration.com