Common Visas

Employer Transferable

Bachelors Degree

Current Student

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.

*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.

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.

*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.

*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.

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.

*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.

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.

*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.

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.

*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.

O-1

Visa for people who are truly extraordinary based on specific talents in their field of expertise.

*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.

L-1

Visa that allows for transfer of specialized employees or managers/executives after 1 year of service abroad to foreign affiliate.

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