Latest news with #AlcornImmigrationLaw
Forbes
11-04-2025
- Business
- Forbes
Alternatives To Consider If H-1B Doesn't Work Out
Founder of Alcorn Immigration Law, Sophie Alcorn, helps tech and entrepreneurial talent navigate U.S. immigration for visas and green cards. H-1B visas allow foreign workers to live and work in the United States while performing services in specialty occupations as defined in the H-1B's eligibility requirements. However, U.S. Citizenship and Immigration Services (USCIS) received over 479,000 registrations for the 85,000 H-1B visas last fiscal year alone. Limitations due to the H-1B visa cap, limited job mobility and high competition among some of the largest employers in the United States are just some of the reasons it may be wise to consider alternatives early. Below are the alternatives I recommend exploring: Certain workers may be exempt from the H-1B cap or lottery. These include those employed at universities, nonprofit organizations and research organizations. Employers for these roles can petition for H-1Bs at any time of year, regardless of whether the annual cap has been reached. I see more and more organizations qualifying for this option. Moreover, a part-time H-1B that is cap-subject can be paired with a part-time or full-time concurrent H-1B at a traditionally cap-subject employer. This is a key option to consider, as it creates more opportunities to retain international talent that can drive advancements in research and technology. The O-1A visa is available for those with documented "extraordinary ability" in business, education, science or sports sectors. Applicants will need to provide significant evidence. Examples include: • Being a member of a prestigious association in your field. • Having received a major award in your field. • Having had major media coverage for your work. I've observed a significant increase in O-1A applications from STEM professionals in science and technology thanks to updated immigration policies that emphasize national interest. Given current trends and the increasing demand for technological advancements from a national security perspective, this trend is likely to accelerate in the near future. An L-1 visa is an option for foreign workers of a U.S. employer to transfer from a foreign office to work for one in the United States. Two main options exist: 1. L-1A Visa: Available to managers and executives. 2. L-1B Visa: Available to employees with specialized knowledge. The USCIS's general eligibility for L-1 visas is: • The noncitizen must be employed abroad for at least one year out of the last three years prior to application. • This must have been in a position requiring specialized knowledge or an executive or managerial role. • The noncitizen must enter the U.S. to render services in an executive, managerial or specialized knowledge capacity. An employer must petition on the applicant's behalf, and there are no degree requirements or annual caps to worry about. The U.S. immigration system also offers country-specific visa options, such as: TN visas are nonimmigrant visas available to workers from Canada and Mexico and are outlined in the United States-Mexico-Canada Agreement (USMCA), formerly known as NAFTA. TN visas offer a three-year initial period of stay for temporary workers in eligible occupations, such as accountants, engineers, scientists and teachers. In addition to meeting the regulatory requirements for the position, you must also have a job offer from a U.S. employer (part-time or full-time) and meet the necessary professional qualifications. Canadian citizens must show proof of citizenship, a letter from the prospective employer and approval under Form I-129. Mexican citizens must apply through a consulate or embassy in Mexico. H-1B and E-3 visas are similar in that they require the applicant to be in a specialty occupation and have a U.S. employer sponsor them. However, caps and quotas for E-3 visas are much lower—only 10,500 applicants are approved annually. The E-1 and E-2 visa programs are available to eligible individuals in certain nations who meet certain requirements relating to trade or investment activities. The list of eligible countries includes those as diverse as Albania to Togo, but a complete list of treaty countries can be found on the website of the Bureau of Consular Affairs. Strategic business models to consider include franchises, service-based businesses, healthcare services and relevant hospitality businesses. The H-1B visa is just one option for temporary residence in the United States. However, an H-1B is not required for a green card. There are many pathways to permanent residence, which include: The purpose of the EB-1A first-preference green card category is to establish permanent residency for individuals of extraordinary ability, outstanding researchers or certain multinational executives or managers. To qualify for this employment-based immigrant visa, you must have evidence of your extraordinary ability, which can include (but is not limited to) major prizes or awards, published material or scholarly contributions. A previous article of mine discussed applying for the EB-1A green card versus the O-1A visa. Overall, if you are an entrepreneur, I think the O-1 visa is a great option if you're looking for temporary status and faster processing, especially if you're testing the waters in the U.S. But if you are planning for the long haul and want permanent residency (and a path to U.S. citizenship), the EB-1A green card may be a better choice. A National Interest Waiver allows individuals of exceptional ability to request a waiver of labor certification requirements. Applicants must be able to show that: • Their proposed endeavor is of national importance. • It is in the best interest of the nation to waive job offer and PERM certification requirements. Obtaining an NIW can be complex, but an experienced immigration attorney can help you navigate each step. The H-1B visa program is one of the most competitive in the U.S. Preparing for multiple options can significantly improve your chances, but it's important to stay informed about policy changes and adapt your strategy as necessary. Consider consulting with an immigration attorney to understand your options and determine the best course of action. Forbes Business Council is the foremost growth and networking organization for business owners and leaders. Do I qualify?
Technical.ly
24-03-2025
- Business
- Technical.ly
Everything you need to know about immigrant work visas under the Trump administration
Workers trying to migrate to the United States for professional reasons — and to stay — face an arduous journey. The Trump administration's actions haven't made an already difficult process any easier. Non-citizens have several options to access employment, through permanent and nonpermanent routes. Several lawyers told that some people with certain visa classifications may experience more scrutiny and work site visits during this administration. That includes H-1B visa holders, who have become a focal point in US politics since President Donald Trump took office in January. Those from other countries seeking to start their own businesses in the US can use an H-1B to get started, explained Sophie Alcorn, the founder of Alcorn Immigration Law in Silicon Valley. But overall, she sees more restrictions for people wanting to come to work in the US. 'I would say there is a trend of tightening immigration policies with higher barriers to entry,' Alcorn told 'and more thorough vetting for all people, including foreign entrepreneurs.' Clarisse Hu, cofounder of the veterinary medical device firm Kubanda Cryotherapy, is in the US thanks to an O-1 visa — a temporary visa type for people with what the US government calls 'extraordinary ability' in certain fields. The con with that is its single entry, making it risky to reenter the country from abroad. She hasn't visited her family in mainland China for years and doesn't plan on doing so anytime soon. 'That's a lot of uncertainty,' Hu told 'especially for this climate right now.' Brown University professor Rasha Alawieh was deported despite having an H-1B visa, and Georgetown University researcher and student visa holder Badar Khan Suri was detained by immigration authorities — one of several people caught in high-profile deportation controversies over their Palestinian solidarity actions. An executive order could give Trump — and maybe already offered him — more gumption to restrict employment opportunities for people from outside the country, explained Hiba Anver, a partner at the Erickson Immigration Group. There has not been an executive order targeting a single specific visa, but ones referring to visas to evaluate 'all things immigration' from a national security lens, Anver said. That could look like United States Citizenship and Immigration Services (USCIS) asking for more evidence, paperwork and site visits — and higher denial rates, per Anver. 'Compliance is key right now,' Anver said. If you're an employer confused by the administration's actions and wondering how to navigate hiring immigrants, rest assured, you still can. But keep reading to learn more about some of the popular work-related visas and programs — and how processes could shift under this administration. Temporary vs. permanent visas Temporary visas are often used as the first way to gain entry into the US, per Alex Castrodale, head of the law firm Fragomen's Pittsburgh office. It's difficult to start by seeking out a permanent classification, like a green card or a permanent visa. A temporary visa offers a way to start, he explained. It takes time and more money for an employer to sponsor a worker from abroad through permanent employment. 'It's kind of like a trial run,' Castrodale told '[Employers] want to sponsor somebody, make sure they're a good fit, make the investment in them, and then you move them over to the green card that way.' H-1B This common temporary visa class often goes to people with a four-year degree filling a job, Castrodale explained. An annual lottery typically takes place once every March to determine people eligible to apply for the visa (registration for fiscal year 2026 closes at noon EST today). It's completely random and is capped at 65,000 people, plus 20,000 for people with master's degrees or higher. It's spearheaded by the employer, who registers the person and pays a fee — $215 as of this period. Top employers hiring workers through the H-1B visa include Big Tech mainstays Amazon, Google and Meta, per the USCIS website. After the pool is picked, employers then file the visa application. Meeting the quota sometimes requires another lottery because people forgo applying or don't meet requirements, Castrodale explained. It's important for H-1B visa holders and employers to prepare for increased site visits at jobs, he said. Stressing compliance isn't necessarily new, he noted. Site visits also happened under the Biden administration, but were nonexistent during the height of the Covid-19 pandemic. 'If everything's done right, it's a very brief visit that's not much to be worried about,' Castrodale said. In some jurisdictions, immigration officers will send an email beforehand. That makes it easier for the employer and employee, but is not required on the government's part, he said. What does this mean for people who work from home? USCIS agents are starting to show up at individuals' residences, per Erickson Immigration Group's Anver. She encourages people to comply with the site visit or risk a visa's termination. It's also key to be in touch with attorneys (if applicable), and employers should have a protocol in place so it goes smoothly. This visa pathway is competitive: For fiscal year 2025, USCIS received 479,953 registrations from employers. That was a significant decrease from 2024, which saw 758,994 registrations. Kubanda cofounder Hu attempted to get an H-1B visa for three years and wasn't picked. That eventually spurred her to apply for the O-1 visa she currently has. O-1 This allows people with special skills and talents to come to the US for work in fields like business, science, the arts and sports. Hu had to provide a 600-page document proving her prowess. A lawyer helped her put that together and she paid more than $10,000 in legal fees to undergo the process. The patent Kubanda holds and her academic achievements proved her eligibility for the visa she received in 2023, she said. O-1 visas last for three years, but there isn't a cap for how many times you can reapply, Hu said. But she's going through the process for a green card, which she hopes to earn eventually. Entrepreneurship lawyer Alcorn suspects this visa classification will not change. 'So far, O-1 adjudications have continued as normal, and given the administration's preference for high-skilled immigration, we hope to see this trend continue,' she said. F-1 and OPT Hu took advantage of the Optional Practical Training (OPT) program while attending Johns Hopkins University on a student F-1 visa. International students can partake in the OPT pathway to supplement learning with work that can be voluntary and unpaid. This avenue is not associated with or sponsored by an employer but by the university. 'The university is sponsoring my learning in the industry,' Hu said. People in STEM fields can get extensions for an additional two years. Hu did this while participating in the H-1B lottery. OPT can be used during school and after graduation, she said. OPT program participants can also go back and forth out of the country, which is a plus, she said. Hu has known students who pursue one master's degree after another to keep getting OPT and stay in the US. '[It's] very common for people who are trying to buy more time and give themselves a little buffer,' she said. TN This temporary visa allows workers from Canada and Mexico to come for job opportunities related to the US-Mexico-Canada Agreement, formerly known as the North American Free Trade Agreement before its change in 2020. An executive order addressing the agreement did not reference visas. But the tariff actions abroad flinging the US into a trade war may put increased attention on TN visas, per Anver from Erickson Immigration Group. 'To be clear, there has not been any explicit impact to immigration on either side of the border,' she said. 'But the conversation going on right now, and the circumstances, lead me to suspect in my personal opinion that the TN visa could potentially be one of the scrutinized visa types.' EB routes and green card options These employment pathways are broken down into five numbered categories. The first is EB-1, for people with 'extraordinary ability' or similar qualifications to the temporary O-1 visa. EB-2 is for those with advanced degrees and 'exceptional ability' in business, science or the arts. Entrepreneurs often use the first two categories to set up businesses in the US, per entrepreneurship lawyer Alcorn. There are also EB-3 visas for other professionals and 'unskilled' workers, EB-4 visas for very specific occupations (including Iraqi and Afghan interpreters and religious workers), and EB-5 visas for foreign investors. EB visas can also be a pathway to permanent residency for getting a green card, which medical device firm cofounder Hu is working on now through the EB-1 category. The USCIS website lists EB-2 and EB-3 as options for pursuing a green card. International Entrepreneur Rule This pathway, created during the Obama administration, allows founders to get a two-and-a-half-year immigrant status, plus a possible extension of the same duration, to build their business in the US. Their family can come, too, Alcorn explained. The main requirement is to prove the business has a high growth potential and opportunity for domestic job creation. Founders must also raise $310,000 as of 2025, either through government grants or other sources like venture capital. Alcorn notes a rough minimum of $125,000 if the entrepreneur solely raises through government grants. This is not a visa, which is part of why it's been underused — there are typically only 20 applications per year, per Alcorn. It's also been canceled before and was targeted by the first Trump administration, which prompted litigation led by the National Venture Capital Association. The Biden administration launched it again in 2021. Alcorn wants an easier way for founders from abroad to create startups in the US. She helped draft a bill to create that pathway through a visa, but it was ultimately left out of the CHIPS and Science Act — another of the Trump administration's targets. 'The challenge is that it is wrapped in the greater immigration debate,' Alcorn said. VIBE certifications Employers hiring people from outside the US might be familiar with this certification. It's a way for the government to validate information about companies looking to hire through H1-B, TN and other visas. O-1 visas are not included in this process. Fragomen's Castrodale believes the process will not change too drastically under the Trump administration, though it may involve more vetting. 'Maybe there'll be more details required with that,' Fragomen's Castrodale said. 'But that's nothing, I think at least for now, [that] gives anybody any concern.'
