Alternatives to H-1B: When the Odds Weren’t in Your Favor

Alternatives to H-1B: When the Odds Weren’t in Your Favor

Alternatives to H-1B: When the Odds Weren’t in Your Favor (Seminar Recording)
Live Event Date: 04/11/2024
Format Length CLE Eligible
Web Seminar 90 min. Yes

Each year, hundreds of thousands of foreign nationals fix their hopes on being selected in the H-1B cap lottery for the opportunity to begin (or continue) employment in the United States. Likewise, U.S. employers depend on the lottery to attract and retain talent. Were your clients’ key employees not selected in the lottery? Expert panelists on this intermediate seminar will address creative strategies for foreign nationals unable to secure work authorization through the H-1B cap lottery, including the benefits and disadvantages of alternative U.S. nonimmigrant and immigrant options, qualifying criteria, and key strategic considerations.

Featured Topics:

  • Working in F-1 status: CPT, OPT, and STEM OPT considerations
  • H-1B cap-exempt: leveraging exemption categories and concurrent employment strategies
  • Treaty-based visas (TN, E-3, H-1B1, E-1, and E-2) and exchange visitors (J-1)
  • Extraordinary ability employees: qualifying for O-1 or P-1 status
  • Looking outside of the United States to build an L-1 intracompany transferee application
  • Moving straight to the green card application: timing and other considerations

AILA Membership Benefit – Access to Free Seminar Recordings (CLE Credit Available for $35)
Enjoy access to free seminar recordings (from October 2020–present) as an AILA Member. AILA encourages live attendance for those wishing to ask the speaker questions. CLE credit is included with purchase for live participants.

Recordings will be available approximately two weeks after the live event date. AILA members can access these seminars, with no CLE credit, for free. Recordings are CLE eligible in most jurisdictions and an administration fee is required to obtain CLE credit.

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a web seminar recording.

Eligible participants can receive up to 1.8 CLE credit hours. AILA will administer CLE credit only to individuals who register and log into the web seminar. AILA cannot verify your attendance and participation in this program unless you register directly for the web seminar and use your name to log in to participate in the program. Therefore, persons who log in or listen in on the web seminar as part of a group will not be able to obtain CLE credit.

Please note that your jurisdiction may limit the amount of distance learning credit you can earn. To view details on your jurisdiction's credit restrictions and CLE requirements, visit the CLE Center.

AILA has filed for CLE and specialized credit in all jurisdictions with mandatory CLE requirements. For details about specific approvals, contact us at

  • AILA applies for accreditation upon attorneys’ request after participation for the following states: AR, DE, IA, ID, KS, KY, LA, ME, MN, MS, OR, TN and WY. Programs are typically approved.
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  • The OnDemand Recording format does not qualify for CLE credit in the following jurisdictions: MO and PR. Please note that your jurisdiction may limit OnDemand credit based on the date of the original presentation. View the OnDemand Downloadable Expiration Chart for more details.

To receive CLE credit for the live event, attorneys must record web seminar attendance and the CLE code provided within one week of the web seminar date via webCLE.

Contact us at or visit AILA’s Web Seminar Recordings page for more information about receiving CLE credit for a seminar recording.

Sylvia S. Yong (DL), AILA Board of Governors, Toronto, Canada

Sylvia S. Yong is an Associate Attorney with KPMG Law LLP in Toronto, Ontario, Canada. Her practice focuses on employment-based immigration and compliance, global mobility solutions, and U.S.-Canada cross-border issues. She is currently Chair of the AILA Canada Chapter, and serves on the AILA Board of Governors, the AILA Distance Learning Committee, and the AILA GMS Membership Subcommittee. Ms. Yong received her JD from the University of British Columbia in Canada, and is admitted to the Ontario and New York State bars.

Kevin W. Miner, AILA USCIS HQ (Benefits Policy) Liaison Committee Vice Chair, Atlanta, GA

Kevin Miner is a Partner in the Atlanta office of Fragomen, Del Rey, Bernsen & Loewy, LLP, and works with employers throughout the U.S. on business immigration processes. Mr. Miner is a co-author of Business Immigration: Law & Practice, 2nd Edition, which is a leading treatise on business immigration matters. He currently serves as Vice Chair of the AILA USCIS HQ (Policy and Benefits) Committee. Mr. Miner speaks regularly around the country on topics relating to high-skilled immigration.

Sonal J.M. Verma, AILA DOL Liaison Committee, Rockville, MD

Sonal J. Mehta Verma is a founding member of Verma Cortes LLC, based in Rockville, MD. Verma Cortes LLC is a full service immigration firm, and Sonal focuses her practice on business immigration matters. She has been a panelist at local, national, and international AILA conferences, interested lawyer groups, and law school classes. A former Washington, DC Chapter chair, she has been chosen to serve AILA on various local and national committees for over 20 years.

Shams Vahedi, East Lansing, MI

Shams Vahedi, Esq. based in Birmingham, MI, serves as an employment-based immigration advisor at Michigan State University. In this role, Shams specializes in facilitating work visas for international faculty and staff, contributing to the university's diverse and global workforce. Additionally, Shams is an active member of the Distance Learning Committee within AILA. Shams graduated from Michigan State University College of Law in 2018.

The speaker's/author's views do not necessarily represent the views of AILA, nor do they constitute legal advice or representation. Practice tips provided are based on the speaker's/author's experiences and the current state of the law. Please be sure to conduct legal research and analysis for your unique situation as the law changes quickly and experiences may differ from your own.