H-1B Alternatives

With the demand for the H-1B visa far exceeding the cap, it is important to know the H-1B alternatives available to HR professionals and employees.

According to the USCIS, there were 172,500 applications filed between April 1, 2014 and when the cap closed on April 7. The cap is set at 65,000, with another 20,000 available to individuals with advanced degrees. Which means roughly 50% of H-1B petitions will be not be accepted.

One alternative to the H-1B visa is the TN visa.

The TN Visa

The TN visa is available for the citizens of Mexico and Canada and was created as a result of NAFTA. To be eligible for a TN visa you have to be in one of the professional occupational classifications listed under NAFTA under Appendix 1603. D.1.

If you are looking at the TN visa as one of your H-1B alternatives this year, it's important to note that it is not dual intent. Which means, if you are a Mexican or Canadian citizen in the U.S. on a TN visa and eventually want to apply for a green card, you will need to eventually move into H-1B status.