Ask The Attorney






Employment

Edward J. Hayward


Edward J. Hayward

Oppenheimer, Wolff & Donnelly, LLP

Minneapolis, MN

612 / 607-7280

ehayward@ oppenheimer.com

oppenheimer.com



Question We need engineers. Does an annual cap prevent us from hiring foreign engineers?

Question No. Despite the current annual cap on H-1B visas, several alternatives exist. First, the cap does not apply to individuals already in H-1B status - so hire your competition. Second, Canadian and Mexican engineers are eligible for NAFTA visas. Third, consider the J visa for trainees. Fourth, if your company is foreign-based or has foreign offices, E and L visas may be available. Finally, students may be authorized a year of practical training after graduation.







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Advice provided herein is presented as general information about recent legal developments. Information is edited to space and should not be construed as specific legal advice or opinion.





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