So long as the H-1B cap stays at its current limit, applying for an H-1B will remain a gamble. This panel will discuss cap-exempt employers and employees; alternative categories; ethical considerations of using alternative categories when the H-1B is the only realistic option; and establishing an overseas presence in order to bring employees in on Ls and Es or to serve as a holding ground until the cap opens up again. The panel will also address working with a client to prepare for the April 1st filing date and managing their expectations. Palma R. Yanni, Sarah Buffett, David Grunblatt, Romulo E. Guevara