What are the (work) visa options available now that the H-1B quota is over
If your employers was unable to file a H-1B visa for you on time and missed the quota bus, you may consider the following alternative options:
• L-1 intra-company transfers for persons who worked abroad for a foreign entity related/affiliated to a U.S. company for at least one year;
• TN status under the North American Free Trade Agreement (“NAFTA”) for Canadians and Mexicans,;
• J-1 training and other exchange programs;
• E-1/E-2 treaty investor and treaty trader status for numerous countries;
• E-3 visas for Australians;
• O-1 for persons with extraordinary ability;
• F-1 by returning to school for a higher level of education and work authorization; and
• Labor certification for permanent resident status under the “PERM” process as a first step toward green cards. However, please note that there are processing backlogs for many types of permanent resident applications like the EB-2 and EB-3.
Depending upon the facts of your case, there may be other creative options available for you.
However, please resist the temptation to work for any employer without a valid work authorization, even if it is a volunteer position. It is a myth that one can work without a valid work permit/work visa so long as one is not being paid.