What to do now that H-1B Visas have been exhausted

On June 1, 2006, the USCIS announced that as of May 26, 2006, they had received enough H-1B visa petitions to reach the cap for fiscal year 2007.  This occurred in record speed, less than two months after they began to accept petitions and more than four months before the start of the fiscal year (see press release).  This leaves employes in a quandry as to how to fill this void.  There are some options out there, however they apply only to certain foreign nationals, being citizens of Australia, Chile, Singapore, Canada and Mexico.  Citizens of Australia are eligibe for the E-3 visa (see our post from January 10, 2006).  This is similar to the H-1B in that it is for professional employment, but is limited to 10,500 visas for citizens of Australia only.  Similar in name to the H-1B is the H-1B1.  This applies to citizens of Chile and SIgnapore and there are 5,800 visas alloted annually.  This visa can be issued for up to 18 months of stay and can be renewed indefinitely.  Finally, there is the TN visa for citizens of Canada and Mexico.  This visa also is for professional employment, is valid for one year and can be renewed each year indefinitely.  Each of these visas have their own application procedures, but for the most part can be applied for in the applicant's home country at the appropriate US Consualte.  While these visas are limited to citizens of the countries mentioned, they do offer some alternatives to the H-1B, particulaly for affected employers in the US.  Those interested in further information about these visas can feel free to contact us.