Hit by H1B visa cap? Check out other options

Plan early, make use of various categories to send IT professionals to US: Expert

With boom in IT outsourcing, companies that have bagged a project in the US but do not have the requisite H1B visa, have an alternative: To send employees for onsite work using other visa categories. With the quota of H1B visas for the US getting exhausted within two months after they were released in April - 65,000 visas got over by May-end this year - it has been the small and medium information technology companies that at the receiving end.

"The trick is to plan early about the anticipated projects in the US so that the H1B quota limit does not affect a company. Also, there are other categories of visas that companies should explore to send professionals to the US," said Venkat Ramineni, executive director of Visa Pro Immigration Services, LLC, USA, a firm specializing in immigration services.

Though the big software firms apply for H1B visas by anticipating the projects well in advance, the small and medium companies cannot follow this path. Hence, Ramineni suggest use of the other options like B1 for short-term business visitors, H2B for temporary workers, H3 for trainees, J1 for work experience for L1 for intra-company transfers. However, each one has got its own catch.

Persons having B1 visas cannot engage in any productive engagement, h2B does not allow stay for more than a year, H3 visas only allow training of professionals, J1 visas are issued for work experience in the US and L1 visas need infrastructure of the foreign company in the US soil.

"All these visa categories have a specific area under which a professional to work and earn in the US soil for a period of up to six years and hence, it is most suitable for onsite IT professionals," Ramineni said.

However, he suggests the companies should look at a mix of visa categories for not to lose out on the business opportunity. "By knowing that each category of visa allows a professional to do in the US soils, a company can apply accordingly," he added.

THE VARIOUS CATEGORIES

H1B: Allows a foreign professional to work in a specialty occupation for up to 6 yrs

B1: Suitable for business visitors, but persons on this visa cannot draw salary or receive payment of any kind in the U.S. Maximum period 1yr

H2B: Available to unskilled foreign workers, temporary in nature. The employer has to prove that there are no unemployed US workers willing or able to do the work

H3: Available for trainees, professionals coming to the US for on-the-job training, but they cannot receive salary

J1: Applicable for foreign scholars, students, medical interns, industrial and business trainees who want to gain experience in their respective fields. These visa holders cannot apply for H or L category visas until they spend two years in their home country after the US tenure

L1: For foreign professionals who are transferred by their companies to the US in a similar capacity