Because of all the recent changes, I feel like the H-1B visa is the center focus of the new government and is no longer a stable option. Is there a better option to work in the US for the same amount of time the H-1B provides?
Answers
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysThere is a lot of uncertainty around H1B right now, and it is unlikely that the situation will improve any time soon. There are other options available, depending on your circumstances and what your end goal is. If you are looking to stay in the U.S. permanently, EB-5 is a great option to get a green card relatively fast. Also, you can file an Adjustment of Status application concurrently with the EB-5 petition. You will also get work authorization and travel document while the case is pending.
Jimena G Cabrera
EB-5 Immigration attorneysThe H-1B visa is considered reliable and stable in that it is a legally established nonimmigrant classification under the Immigration and Nationality Act (INA). However, since its enactment in 1990, the H-1B classification has been subject to fees increase, policy modifications, and increased scrutiny. Regarding other options, eligibility will depend on factors such as your qualifications, nationality, and personal circumstances. There are other visas, such as L, TN, O, or E, which vary in the length of time you may stay in the United States. For instance, the L-1 has a limit of seven years, while the E visa can be renewed indefinitely.
Renata Duarte
EB-5 Immigration attorneys For someone who already has H-1B status, or whose petition is approved/filed before the new policy, the visa remains relatively stable (for now). For someone outside the U.S., seeking a new H-1B petition, the cost barrier has gotten much higher. There is a significant risk that employers may avoid sponsoring unless the job/salary is very high, or unless the applicant is very essential.
- As other options, if you qualify for O-1, that may be better than H-1B under new cost regime if you have a strong record. L-1 maybe an option too, if you have been employed for at least 1 year,in last 3, in certain role (managerial, exec, or specialized knowledge).
- If your goal is staying long term, launching a Green Card process sooner, such as EB-5, EB-2, EB-1, NIW, etc., may reduce reliance on recurring temporary visas.
- Talk to a licensed attorney and explore your possibilities.
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