H-1B CAP REACHED FOR FY 2021AND OTHER ALTERNATIVES 


On March 27, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced that it has reached the congressionally mandated cap of 65,000 H-1B visas for FY 2021. USCIS plans to notify petitioners with selected registrations by March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary.


USCIS said registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered): “Submitted”, “Selected”; or “Denied”. Only petitioners with selected registrations may file H-1B cap-subject petitions for FY 2021, and only for the beneficiary in the applicable selected registration notice. However, being selected in the registration process does not imply that USCIS will issue an H-1B visa or would not send a Request for Evidence (RFE). It only confirms the eligibility to file an H-1B cap-subject petition.

Alternate immigration options are:

E-1/E-2 Visa: E-1 is “Treaty Trader” visa whereas E-2 is “Treaty Investor” visa. These visas are issued to the national of a treaty country. It allows certain foreign nationals to either engage in substantial trade with the US or to invest a substantial amount of capital in a US business. These visas may serve for a number of years, unlike other non-immigrant visas.

E-2 Visa: It can be complementary to EB-5 visa. E-2 visa can be an option for investors and the family to live and work in American while waiting for green card.

L-1 Visa: This visa is issued to managers, executives, and professionals with specialized knowledge. It enables an employer to transfer their executive or manager level employees from a foreign office to a US office. It also enables a foreign company to send an executive or manager to the US to establish a new office.

O Visa: This visa is for people who are able to demonstrate an extraordinary ability in science, the arts, education, business, athletics, or film & television.

EB-1A & National Interest Waiver Visa: This visa is issued to Individuals who have achieved a certain level of success and recognition in their respective field may qualify for a merit-based visa. It does not require sponsorship from an employer.

E-3 Visa: This Visa is for Australian nationals who will be employed in a speciality occupation in the US with similar requirements to the H-1B visa.

TN Visa: This visa is for qualified nationals of Canada and Mexico. It permits nationals to seek temporary entry into the US to engage in business activities at a professional level.

H-3 Visa: This visa is issued to foreign nationals coming to the US for training or special education exchange visitors.


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