On behalf of Vassell & LeeRC Law Group posted September 30, 2016.
Pause..Wait! Attention Foreign national professionals and U.S. Employers. Before you give up on Foreign Visa work options, have you considered the J-1 visa?
Many employers and foreign professionals believe that an H-1B visa is the only visa available to temporarily hire foreign professionals to fill a niche or specialty position within a U.S. organization/company. However, where there is an ‘exchange’ and mutual benefit to a foreign national and the foreign national’s country a J-1 visa should be strongly considered as it confers the ability to work in the United States.
The H-1B visa has become very controversial with clients and employers spending thousands of dollars a year for a work visa in the United States which is capped strictly at 65,000 visas per fiscal period. Just this past year over 200,000 applications for H-1B category work visas were filed by hopeful employers and employees with over three quarters off all visas rejected due to the strict Cap being reached in the fiscal year. Despite the need to increase the ‘outdated’ Cap and hot discussions on Capitol Hill amongst advocates, Congress and the President of United States, nonetheless, for years the issue with H-1B visas has only slipped further underserving U.S. organizations and companies.
Based on the status quo, it is time for employers and foreign employees to reevaluate their motive and goals in foreign national hiring. The Department of State (“DOS”) administers a program called a J-1. There are eight kinds of DOS programs through which sponsors may bring exchange visitors to the United States. Those programs include but are not limited the following: business trainees, scholars, foreign medical graduates, teachers and professors.
If you are a U.S. Employer or Foreign National who seeks to explore if the goals of the J-1 visa can be matched to your organization goals, the J-1 may be a viable option.
Note: Our attorneys have worked successfully with Specialty Occupations, H-1B visas, Waivers for exchange visitor programs; clients in Washington D.C, Maryland, Virginia and internationally with U.S. Consulates around the world. H-3 training visas, H-2 seasonal visas are screened for clients as well. I-539 extension and change of status is not excluded. Work visas are available to Schools, for profit companies / businesses, non-profit organizations and new businesses… Various entities are eligible to apply for work visas not discussed herein.
You may contact our law firm for our standard one hour evaluation and consultation of your legal matter, or set up a free 20 minute general consultation with one of our attorneys.
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