Easiest Ways to Keep US Job Without H-1B Visa or Stay in the USA Once Denied
Unfortunately, once your H-1B is denied, there’s not a lot you can do to stay in the US. If you’re married and your spouse is here on an H-1B, you can re-enter the US on an H4 (dependent visa).
Suppose you’re currently in the U.S. under a different nonimmigrant status, such as F-1 or J-1. In that case, you may continue to stay in the country, but working under H-1B status will not be an option unless your current status remains valid.
Each visa type has its own set of eligibility criteria, so it’s essential to research and determine which one aligns best with your qualifications and career goals. Additionally, obtaining an employment authorization document (EAD) may allow you to work in the U.S., but it does not function as a visa and must be renewed periodically to maintain work authorization.
Here is another scenario to consider.
Understanding Your Options
Navigating the aftermath of an H-1B denial can be daunting, but understanding your options can help you make informed decisions about your future. Here, we break down the implications of an H-1B denial and explore alternative pathways to continue working or staying in the United States.
What are the implications of an H-1B denial?
An H-1B denial means you cannot work in the United States under H-1B status. While this can be a significant setback, it doesn’t necessarily mean the end of your American dream. You can reapply for an H-1B visa in the future, but you’ll need to meet the eligibility criteria again and go through the entire application process. If you’re currently in the U.S. under a different nonimmigrant status, such as F-1 or J-1, you may continue to stay in the country, but working under H-1B status will not be an option. It’s crucial to understand your current immigration status and explore other avenues to maintain your presence in the U.S.
Can I still work in the USA without an H-1B?
Absolutely! There are several other visa options available for foreign workers. For instance, if you’re an intracompany transferee, you might qualify for an L-1 visa. If you possess extraordinary abilities in your field, an O-1 visa could be a viable option. Canadian and Mexican citizens might find the TN visa suitable, provided they meet specific requirements. Additionally, pursuing lawful permanent resident status through various immigrant visa categories can open doors to long-term employment in the U.S. Each visa type has its own set of eligibility criteria, so it’s essential to research and determine which one aligns best with your qualifications and career goals.
What if you could keep your current US job and work remotely from Canada as a foreign worker?
This scenario is possible. It depends on a few parameters:
- Is your current US employer OK with you working remotely from Vancouver or Toronto? It won’t cost them any more than they are paying you right now.
- Do you want to move to Canada and build a life and career there long term? Canada is very welcoming to immigrants. You may be able to qualify for permanent residence in 1–2 years (consult a Canadian immigration lawyer for details). The job market in Canada is robust, offering numerous opportunities for professional growth.
- Can you qualify for a Canadian work visa via Global Skills Strategy program? This innovative program issues work visas to qualified foreign skilled workers in 30–60 days. Starting the job-hunting process early, including optimizing your resume with specific keywords, can increase your chances of success.
Can I work remotely from another country?
Yes, working remotely from another country is a feasible option, but it comes with its own set of challenges, particularly regarding taxation. As a foreign worker employed by a U.S. company, you may be subject to U.S. taxes on your income. Additionally, the country where you reside might also impose taxes on your earnings, depending on its tax laws. To navigate these complexities, consulting with a tax professional is highly recommended. They can help you understand your tax obligations and ensure compliance with all relevant tax regulations, allowing you to focus on your job without worrying about legal complications.
By exploring these options and understanding the implications of an H-1B denial, you can make informed decisions about your career and future in the United States or abroad.