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Ask HN: Visas beside the H-1B for working in the United States

9 points by winter_blue ↗ HN
I'd like to move to the US and work there. I don't think I would have any problems getting a job, but the H-1B cap continues to be a major roadblock.

Do any of you know of a different visa or immigration status that allows you to work in the U.S.?

Here's some info particular to me, if it helps:

- I was not born in a oversubscribed country (i.e. China, India, Mexico or Philippines). Does this makes getting an employment-based green card easier? Additionally, is it possible for a company to directly file an immigrant petition for you, without you first being in the country on an H-1B ?

- I have a Bachelor's degree (in Comp Sci) from a fairly well-known US university. (I had to leave the country after graduation, for certain reasons.)

8 comments

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NonEUCitizen
If you work for a company outside the US that has a US office, and they agree to transfer you to the US office, you can get an L-1 visa:

http://en.wikipedia.org/wiki/L-1_visa

winter_blue
I am aware of that visa. But it requires you to work for them for atleast a year. In addition, the L-1 is only for executives and managers. The L-2 visa, which is for normal employees, has no transferability (unlike the H-1B), so it ties you down to that particular to employer. If loose your job or resign, you have to leave the country immediately.

You can however perform an adjustment of status (AOS) to H-1B, while working on an L-2 -- but it requires going through the H-1B lottery, wait times, and all that nonsense. In comparison, Germany gives highly-skilled a work visa in 7 days (cf. https://news.ycombinator.com/item?id=6648443).

nopassrecover
Where are you a citizen of?

Australians can get the E-3 visa for example, though I'm pretty sure that's sponsored which you seem to not be looking for.

tostitos1979
If one is from a country that has a relatively easy employment visa (e.g. Canada, Australia), is it worth getting an H1B? I know that H1B is dual intent (i.e. lets one apply for a green card). Any other reasons?
nopassrecover
As I understand it (based only on internet resources and the anecdotal experience of friends) the E-3 has many benefits beyond a H1B.

It's cheaper, easier to apply for, processed faster, allows heterosexual married spouses to work, is renewable indefinitely, and has a separate annual quota from H1B's (that to my knowledge has so far never been exhausted).

There are a few catches, some technical and quite specific (e.g. limits on international travel). The main one seems to be you will need to leave the country (possibly overseas) every 2 years to apply for an extension.

It is not a dual-intent visa, but there seems to be some contradictions about that and some people seem to have made the transition to a green card. I imagine you'd need to talk to a lawyer about that - having a green card application in progress when it comes times for an E-3 extension would potentially be an issue.

tn13
There is a concept called "consultancies" (I am not a lawyer and have no clue about the legalities). Many of them provide H1B to anyone for a fee of $5K refundable deposit.

The best way to find out the list is to see the USCIS issued list of companies that had filed H1B petitions. The top ones will be companies like Infosys, TCS etc. The bottom ones who files around 10 - 40 petitions are generally these consultancies. Contact them.

Note: I have no clue about the legalities. I am not a lawyer.