Alternatives to the H-1B Visa: Bloomberg Study

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4 Copyright©2017 by The Bureau of National Affairs, Inc. The exchange visitor nonimmigrant visa is valid for a maximum stay of a year and a half in the United States. It's most commonly used for interns and trainees. Individuals currently enrolled in foreign degree-granting post-secondary academic institution or who have graduated less than 12 months ago qualify for the J-1 visa Intern Program. A foreign national with a foreign degree and at least one year of prior related work experience outside the U.S. (or 5 years of related work experience outside the U.S.) qualifies for the J-1 visa Training Program. Both programs require a detailed training plan, and not all fields of study are eligible. The Department of Labor has the whole list of eligible fields. L-1A Visa The L-1A visa is intended for executives or managers who practice more oversight than boots- on-the-ground activities. These individuals must manage people and be a critical part of the business. Although these positions will vary greatly from one company to another, it's important to show the authorities why moving them to the U.S. is essential to the business. These individuals must have worked for the company for at least one continuous year in the last three years. The L-1A is a dual intent visa, which means holders can actively apply for their green card while still on their visa. That's a win-win for employee and employer alike. Some employers may qualify for the Blanket L Petition. To qualify for a Blanket L petition, the company must meet the following requirements: a) Both U.S. and foreign entities are doing business; b) Organization has an office in the U.S. that has been doing business in the U.S. for at least one year; c) Organization has three or more domestic and foreign branches, subsidiaries, and affiliates; and d) One of the following requirements must be met: (i) Have obtained at least ten L-1 approvals during the last 12 months; (ii) Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or (iii) Have a U.S. workforce of at least 1,000 employees. Organizations that meet these qualifications can skip up to six months of per-employee processing time and stacks of paperwork since they will not have to complete the time consuming USCIS petition process for each potential employee. Instead, applicants can take their visa applications directly to a U.S. consulate abroad and find out whether they will be

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