31 Jul Move over H1B! These 5 visa options will help Indians take up work, get green card in US
The tough stand on H1-B visa programme by Donald Trump administration has affected Indian IT firms and many of them such as TCS, Infosys, Tech Mahindra, etc, are looking to scale up businesses in the US and hire local talent.
The temporary ban on H1-B visas have affected Indian companies who are now looking are other way to source talent. The H1-B visa row has also affected dreams of many Indian professionals who wanted to work in the US and ultimately settle in the country.
“I have noticed a lot of attorneys face problems with entry level H1B petitions. The H1B visa approval has become harder for applicants in general regardless of their nationality. It is impacting Indians more because India is the largest filer of H1B visas,” said Abhinav Lohia, Practice Chair India and South Asia, Davies & Associates, LLC.
However, you don’t have to kill your Great American Dream as there are other visa options available through which you can go to the US to work and reside.
“The lottery system and the political climate has led people to inquire about alternatives to H1B Visa. There is an increase in interest in EB5. EB5 visa is an investor visa which is one of the fastest ways of getting a green card. The applicant invests $500,000 and creates 10 jobs in the U.S. economy,” said Mark Davies, Global Chairman, Davies &Associates, LLC.
“Others are looking at L1A visa (Intra Company Transfer of Managers or Executives). Applicant are willing to work outside the United States for one year for a related entity in order to qualify for an L1 visa and move back to the United States,” said Lohia.
If you still want to go to the US and make your dreams come true, here are 5 visa programme for you.
1. EB5 Visa
Under this program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card (permanent residence) if they: Make the necessary investment ($1,000,000 in any area or $500,000 in a Targeted Employment Area) in a commercial enterprise in the United States; and Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers. An Applicant can get a green card in less than 2 years as opposed to EB2 or EB3 which is filed with H1B or L1B visa and takes over a decade.
2. L1 Visa
The L1 Visa is an intracompany transfer visa that allows companies to transfer employees to the United States with the purpose of developing operations in the US by opening a new branch, subsidiary, or affiliate office. L1A visas are for transfer of Managers and Executives. L1A visa holders may file for a Green Card in the EB1C category. They often receive their Green Card within one year.
The L1B visa is for professionals with specialized knowledge. L1B visa holders may apply for permanent residency but must also apply for labor certification. This process requires the employer to prove that there are no U.S. workers who are qualified to fill the L1B employee’s position. The green card is filed under EB2 category and may take several years to be processed.
4. O1 Visa
It is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.
5. Changing Nationality and applying for E2 visa.
E2 visa allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. This visa allows foreign nationals to establish businesses in the United States. Although India and China are not treaty countries, many Indians change their nationality in order to qualify. We have filed E2 applications for people of Indian origin who have become citizens of Australia and Canada. Some clients are in the process of obtaining Passport from Grenada in order to qualify for the E2 visa.