H-1B Visa Alternatives in Tennessee

H-1B visas are very popular for noncitizens traveling to Tennessee and the rest of the country for work. However, there is an annual cap on how many H-1B visas can be obtained.

Those who expected to obtain an H1-B visa but were not approved before the program closed may be in search of potential alternatives to help them start working. Finding alternatives can be difficult, but with the help of a Knoxville immigration lawyer, it is not impossible.

What is the H-1B visa, and how does the program work?

The H-1B visa is defined by the American Immigration Council as “a temporary visa category that allows employers to petition for “highly educated” foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent.” Some fields of work that commonly use H-1B visas are engineering, medical sciences, mathematics, finance, technology, and more. If an individual is provided with an H-1B visa, they can expect to be able to use that visa to legally work in the United States for around three to six years.

According to the U.S. Department of Labor, the H-1B visa program allows employers to find and hire workers from other countries considered “nonimmigrant aliens” to work for them. This program is one of the most popular visa employment options in the United States for employees needing sponsorship to work there. It is so popular that the government has set an annual cap of 85,000, the 65,000 annual limit, plus the 20,000 advanced degree holders who have attended American universities. The 2024 registration period closed on March 22.

Six alternatives to H-1B visa

Since the number of H1-B visas has reached a certain level, many employers and employees are seeking alternatives to help them gain workers and employment. There are many potential alternatives available. Here are six that you should know about and consider:

1. TN visa: A TN visa is for individuals from Mexico or Canada who want to work in the United States. Therefore, you must be a citizen of either Canada or Mexico, on the list of the United States-Mexico-Canada Agreement (USMCA), seeking a job that needs a USMCA employee, possess the necessary qualifications for the position (education and experience), and planning to work in a full or part-time position for an employer. Self-employed or freelance work is not allowed for a TN visa. Various professions may qualify, including architecture, engineering, and computer analysis. If you are approved for a TN visa, it will be good for a three-year period. You can renew it every three years for as many times as you need.
2. Treaty visa: Treaty visas, also known as the Treaty Trader (E-1) and Treaty Investor (E-2), are available to citizens of certain countries the United States has treaties with. The goal of the E-1 Treaty visa is to allow individuals to work in some type of international trade, and the E-2 Treaty visa allows individuals to enter the country to manage or run a business or company. E-2 visas are only permitted if the individual has invested large sums of money into an American business.
3. L visa: There are two different L visas, which are the L-1A visa and the L-1B visa. The L-1A visa allows executives or managers to travel to America and create or establish new office locations in the United States. The L-1B visa is meant for individuals with “specialized knowledge” or training in an employer’s organization or company, allowing them to travel to America and help create an office in the United States.
4. O-1 visa: An O-1 visa is for individuals with “extraordinary ability in the sciences, arts, education, business, or athletics.” Individuals can also receive an O-1 visa if they have been nationally or internationally recognized for their accomplishments in the television industry. Therefore, to qualify for an O-1 visa, individuals must show that they are exceptional in their talents and accomplishments, which can be done by receiving awards, completing higher education in certain fields, or becoming publicly recognized in their country or across the world. The initial period for an O-1 visa, if approved, is three years. After that, you can extend it for one or three years as many times as you need.
5. E-3 visa: E-3 visas are only provided to individuals from Australia. This allows Australian citizens to work in a specialty position in the United States, which “requires theoretical and practical application of a body of highly specialized knowledge and the attainment of a bachelor’s or higher degree in that specific specialty, or its equivalent.” Only 10,500 E-3 visits are approved yearly. Your first E-3 visa will cover a two-year period. After that, you can continue to renew it every two years.
6. J-1 visa: A J-1 visa is for those who want to travel to the United States to be part of a work-based program that involves “teaching, instructing or lecturing, studying, observing, conducting research, consulting, demonstrating special skills, receiving training, or to receive graduate medical education or training.” This allows trainees and interns to participate in various cultural or exchange programs and earn valuable experience, knowledge, and skills in certain subjects, such as science, education, or arts. A person in college or finishing their degree might use a J-1 visa to receive or extend their experience or knowledge to become a teacher, researcher, professor, scholar, camp counselor, au pair, and more.

If you need advice regarding the H-1B visa program or alternatives, please do not hesitate to contact a Knoxville immigration attorney from LaFevor & Slaughter at your earliest convenience. We take great pride in helping our clients, staying informed and updated on new policies for noncitizens, and finding new programs to help employers and employees in Tennessee. Our team is also available to assist you with the immigration process. All you have to do is call our office or submit our contact form, and we will schedule a meeting to speak with you as soon as possible. As our client, we will always treat you with respect, understanding, and kindness.