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Common Visas
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Employer Transferable

Bachelors Degree

Current Student
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H-1B
Long-term but not permanent work authorization/visa sponsored by employer. First time applicants subject to H-1 Cap. Once employee receives Cap Approval, future H-1s can be filed any time of year.
 
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~$4-5k
depending on size of employer
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early April
(first timers), October authorization |

3 years per filing, 6 years maximum
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*EMPLOYER TAKEAWAY*
The number of H-1B apps set new records this year, resulting in a significant number of filings that didn’t make the lottery. One suggestion for employers is to set their sights on candidates who already hold H-1B status as those remain transferable.
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H-1B1
Visa that provides additional space within the normal H-1B Cap for citizens of Singapore and Chile. Available even when regular H-1B Cap has been met. Applicants apply directly at consulate in home country.
 
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~$4-5k, depending on size of employer
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anytime |

3 years per filing, 6 years maximum
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*EMPLOYER TAKEAWAY*
This is a category that can be used to work around H-1B limitations caused by the regular quota. Pay attention to candidates from Singapore and Chile. Although per country quotas have never been met, there’s a limit for both. |
TN
NAFTA based visa that allows college grads (and in some cases those without a degree/diploma) from Mexico and Canada to work in the U.S. for a 1 or 3 year period depending on country of origin.

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$50 at the border; $1k-$1.5k legal fees
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anytime
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1 year for Mexicans;
3 years for Canadians
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*EMPLOYER TAKEAWAY*
This is the most efficient and quick work authorized visa status to prepare, but it also has significant discretion on the part of the individual CBP officer. Many officers require a high level of specificity to avoid trying a NAFTA application without counsel.
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E-3
Visa based on treaty between the U.S. and Australia that allows Australians to quickly and easily obtain work authorization visas. This is a hybrid between an H-1 and TN.
 
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$1.3K-$1.7k, depending on size of employer
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anytime |

2 years per filing, renewable indefinitely
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*EMPLOYER TAKEAWAY*
Similar to the TN and H-1B1, this is another good workaround to the H-1B option when the quota for available H-1Bs has been gobbled up. The 10k per year quota has never been met.
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F-1
Short-term student visa: while in a program, student may get temporary work allowance. After the student graduates, they have 12 months or up to 36 months in an “OPT” period to find an employer to sponsor an H-1B.
 
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$380 work with school on filing this visa; $2k for extensions
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Upon completion of core curriculum or in the four months prior to graduation. School must approve. |

12 months
regular OPT
36 months
for STEM grads working for eVerify employer
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*EMPLOYER TAKEAWAY*
Given the limited supply of H-1B visas, more students are staying on F-1 OPT longer and at times moving from an F-1 to permanent residence and bypassing some of the common steps involving a switch to H-1B status before starting the green card process.
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J-1
Temporary visa for training or internship purposes. For some countries, there’s a requirement that you go home for 2 years after the training/internship has ended.
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$4k-5.5k, depending on size of employer
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depends
apply early! |

12 months
max for interns
18 months
max for trainees
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*EMPLOYER TAKEAWAY*
If you’re hiring a professor, research scholar, short-term scholar, or specialist for a role, they should be reviewed for J-1 consideration as a workaround to H-1B visa unavailability.
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O-1
Visa for people who are truly extraordinary based on specific talents in their field of expertise.
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$5.5k-6.5k
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up to 6 months in advance of start date, or for an immediate start |

3 years
after filing
1 year
extensions available
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*EMPLOYER TAKEAWAY*
If you’re hiring a Ph.D data scientist who has patents, publications, and a track record of success in their field, they should be reviewed for O-1 consideration as a work around to H-1B visa unavailability.
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L-1
Visa that allows for transfer of specialized employees or managers/executives after 1 year of service abroad to foreign affiliate.
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$3-4.5k
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anytime |

1-3 years initial filing
5-7 years total
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*EMPLOYER TAKEAWAY*
New U.S. office Ls get 1 year initially; L-1A for managers/executives, L-1B for specialized knowledge workers. No quota.
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