Pros and Cons of H-1B Alternatives
FY 2021 H-1B Cap Petitions hit a new high. About 275,000 registrations were submitted during the initial registration period. Each year, only 85,000 lucky beneficiaries would be selected, so it is inevitable that some people will be disappointed. But do not give up too early, as there’s always a way for foreign workers. In this article, we will introduce five categories of nonimmigrant visas and summarize their pros and cons.
1. H-1B1 Visa
The H-1B1 visa allows nonimmigrant aliens from Chile and Singapore to work temporarily in the United States, limited to 1,400 nationals of Chile and 5,400 nationals of Singapore. The H-1B1 visa is governed by many of the rules that apply to the H-1B visa, but there are some differences. For instance, the initial period of employment is up to 18 months, and extensions may be obtained in one year increments.
Pros:
(1) Although there is an annual numerical limitation for H-1B1 visas, they are in general available all year round.
(2) There’s no maximum period of stay, and H-1B1 visa can be extended and renewed.
(3) The petition can be reviewed by a border officer, and the process would be easier and less expensive.
Cons:
(1) As the H-1B visa, H-1B1 visas are also subject to the prevailing wage requirement.
(2) The extension petitions need to be renewed annually.
(3) The H-1B1 visa is not a dual intent visa. Therefore, applying a green card could cause issues when travelling outside the U.S. or seeking to extend the H-1B1 visa.
(4) The H-4 dependents are not permitted to work in the United States.
2. TN Visa
The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. Therefore, the TN visa permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to work at a professional level.
Pros:
(1) There is no annual numerical limitation for TN visas, and they can be applied at any time of the year.
(2) There’s no maximum period of stay, so the TN visa can be renewed indefinitely.
(3) There is no prevailing wage requirement.
(4) The petition can be reviewed by a border officer, and the process would be easier and less expensive.
(5) The filing fees are much lower than the H-1B visa.
Cons:
(1) A TN position must fall under the North American Free Trade Agreement (NAFTA), so many occupations may not qualify for a TN visa.
(2) The TN visa is not a dual intent visa. Therefore, applying a green card could cause issues when travelling outside the U.S. or seeking to extend the TN visa.
(3) The TD dependents are not permitted to work in the United States.
3. E-3 Visa
The E-3 visa is available only to nationals of Australia, and the beneficiary must be placed in a specialty occupation position. You can say the E-3 visa is an “Australian” version of the H-1B visa, with some different rules. For instance, the annual numerical limitation for E-3 visa is 10,500, and the period of employment is 2 years.
Pros:
(1) The spouse of an E-3 beneficiary is entitled to apply for work authorization, but not his or her children.
(2) Although there is an annual numerical limitation for E-3 visas, they are in general available all year round.
(3) There’s no maximum period of stay, so the E-3 visa can be renewed indefinitely.
(4) The petition can be reviewed by a border officer, and the process would be easier and less expensive.
(5) The filing fees are much lower than the H-1B visa.
Cons:
(1) The E-3 visa is subject to the prevailing wage requirement.
(2) The E-3 visa is not a dual intent visa in the sense of H-1B or L-1 visas. However, an E-3 petition may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa petition.
4. O-1 Visa
The O-1 visa is for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
Pros:
(1) The assistants of an O-1 beneficiary (i.e. artists or athletes) may apply for O-2 visas to accompany the O-1 beneficiary to work in the United States.
(2) There is no annual numerical limitation for O-1 visas, and they can be applied at any time of the year.
(3) There’s no maximum period of stay, so the O-1 visa can be renewed indefinitely.
(4) There is no prevailing wage requirement.
(5) The filing fees are much lower than the H-1B visa.
Cons:
(1) The requirements of the O-1 visa are more demanding than most nonimmigrant visas. In general, O-1 petitions are filed on behalf of scientists, business persons, and artists.
(2) The O-1 visa is not a dual intent visa in the sense of H-1B or L-1 visas. However, an O-1 petition may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa petition.
(3) The O-3 dependents are not permitted to work in the United States.
5. P-3 Visa
The P-3 visa allows foreign nationals to work as artists or entertainers, individually or as part of a group, under a program that is culturally unique. You can say the P-3 visa is an O-1B visa with “less demanding” requirements.
Pros:
(1) The criteria of the P-3 visa is not very high, so the petitions can be approved quickly in general.
(2) There is no annual numerical limitation for P-3 visas, and they can be applied at any time of the year.
(3) There’s no maximum period of stay, so the P-3 visa can be renewed indefinitely to continue or complete the program.
(4) There is no prevailing wage requirement.
(5) The filing fees are much lower than the H-1B visa.
Cons:
(1) The extension petitions need to be renewed annually.
(2) The P-3 visa is not a dual intent visa. Therefore, applying a green card could cause issues when travelling outside the U.S. or seeking to extend the P-3 visa.
(3) The P-4 dependents are not permitted to work in the United States.
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