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Despite the annual cap on H-1B visa issuance each year and the mandated October 1st start-date, we have successfully optimized favorable strategies that allow a qualified individual a pathway to H-1B employment without regard to the cap. For example if an individual is employed by a cap-exempt organization and takes on concurrent cap-subject employment, as long as the worker continues to be employed for the cap-exempt organization, she is exempt from the cap.
Citizens of Chile and Singapore are subject to different H-1 rules, while citizens of Australia are entitled to apply for the E-3 visa, which has no cap at all.
In this uncertain economic climate it is becoming more difficult to launch a new branch or subsidiary of an overseas company. We have worked successfully to establish new qualifying organizations for L-1, E-1, and E-2 visas. In addition we work closely with tax advisors to make sure that the new company is set up in such a way to take advantage of tax treaty provisions, where applicable.
In addition the TN NAFTA visa for Canadian and Mexican professionals has recently become more favorable by now allowing for visa status three-year increments instead of one year increments. This gives both employers and employees more certainty and eases the administrative burden of annual renewing of the visa.
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