You might be a STEM graduate or professional who has faced the H1B visa process. With an annual lottery system and few spots it can be stressful and uncertain. But fear not – you do not have to work in the United States exclusively on the H1B visa. And there are other routes that may give you more flexibility and direct entry to permanent residency.
Below are some of the best H1B visa alternatives – the National Interest Waiver (NIW), employer-sponsored green cards and the O-1 visa. You can use this guide to skip the H1B lottery or just want to know all your options.
1. National Interest Waiver (NIW):
The National Interest Waiver (NIW) may be for you. The NIW is a green card that you can self-petition – you don’t need an employer to sponsor you. That may be particularly useful for professionals wanting to work independently, consult for others or start their own business in the US.
The key to qualifying for the NIW is demonstrating that your work will serve the national interest of the United States. You might be eligible if you do innovative research or develop new technologies or work in an area affecting public health or national security. The best part? Your spouse and children are allowed to accompany you under this visa.
2. Employer-Sponsored Green Cards:
Some professionals think they need an H1B visa first to get a green card, but that’s not always the case. Employers can sponsor you for a green card directly if you never had an H1B visa. This is useful if you have a good relationship with your current employer and need a stable immigration route.
EB1 (Extraordinary Ability): This category is for experts in their field. If you have won awards, published research or have contributed to your industry, the EB1 may be for you, and does not require an employer to sponsor you..
EB2 (Advanced Degree/Exceptional Ability): You could qualify for EB-2 if you have an advanced degree or outstanding skills in your field. Such a pathway is common for professionals with a strong academic or specialised background.
EB3 (Skilled Workers): This is for those who have no advanced degree but have substantial work experience and a job offer from a US employer.
Each of these green card categories bypasses the H1B lottery uncertainty and directs you toward permanent residency.
3. The O-1 Visa:
For the specially skilled, the O-1 visa is for the exceptionally skilled. While most people think of artists and entertainers first, many STEM professionals can apply for the visa too. If you have a special skill set, won industry awards or worked hard in your field, the O-1 visa may be for you.
You work in the US without being tied to any employer – much more flexible than the H1B visa. This is a good route for professionals looking for consulting work, multiple projects, or other career paths in their industry.
Getting Your Green Card Now: What to Do in the Meantime.
If you’ve got an immigrant Visa petition approved but your priority date is still out of date, the visa Bulletin can be a constant source of frustration. The waiting period for some visa categories is long. There are ways to stay in the US legally while you wait though.
Some in this situation apply for a student visa (F-1) and return to school while they wait for their green card priority date to move forward. Others could stay if their petition was filed on current priority dates. The best course depends on your specific case – consult an experienced immigration attorney to learn your best course of action.
What You Should Ask an Immigration Attorney For.
US immigration can be confusing and overwhelming. Be wary of the H1B visa lottery or just want alternatives that fit your career goals – you need to know your options. An immigration attorney consultation can help you determine which visa paths may be best for you.
Our firm has helped hundreds of STEM graduates and professionals get green cards, the National Interest Waiver, or the O-1 visa. So let us help you with the process and help you make it happen in the US.
Though many still use the H1B visa, it isn’t the only option for skilled professionals looking to work in the United States. Alternatives include the National Interest Waiver, employer-sponsored green cards and the O-1 visa. If you do not know which route to take, consult an experienced immigration attorney for advice.