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H-1B Cap Alternatives: Visa Options for Employers to Consider

April 1, 2025
The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas, U. S. Citizenship and Immigration Services (USCIS) conducts …
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Overview

Event Details
Apr 24, 2025 12:00 PM Eastern Time (US and Canada)
Virtual Program

Overview

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas, U. S. Citizenship and Immigration Services (USCIS) conducts a lottery to select which applicants can have their visa application processed. Once the year’s H-1B cap has been filled, new H-1B cap visas won’t be available until the start of the next fiscal year. Employers will be left wondering – are we really out of options until then? The good news is, employers have several alternatives to H-1B Cap visas.

In this presentation, we will discuss key alternative visa sponsorship options for foreign nationals not selected in the H-1B cap lottery to consider including:

  • Cap-exempt H-1B
  • Treaty-based visas (TN, E-3, H-1B1, E-2)
  • F-1 OPT and STEM extension considerations
  • L-1 intracompany transferee application
  • O-1 extraordinary ability employees
  • J-1 Exchange Visitor Program
  • National Interest Waiver immigrant petition

Presenters

Jennifer Davis, Senior Counsel, Immigration, Gibney
Beaula Illingworth, Senior Counsel, Immigration, Gibney
Aisling Ryan, Partner, Immigration, Gibney

Education Credits:

CLE Credit: New York and California Pending
SHRM Professional Development Credit Pending

Register for the program.