What to Do When You’re Not Selected in the H1B Lottery
Each year, U.S. Citizenship and Immigration Services (USCIS) offers approximately 85,000 cap-subject H1B petitions, including 65,000 regular H1Bs and 20,000 for those with advanced degrees. Due to high demand, these slots are awarded through an annual lottery system. If you’re an F-1 student working on Optional Practical Training (OPT) and haven’t been selected, there are other pathways to consider.
1. Transfer to Another F-1 Program of Study
OPT holders who aren’t selected in the H1B lottery may extend their stay by enrolling in a new academic program under an F-1 visa. This option can potentially allow employment through Curricular Practical Training (CPT), provided it is integral to the curriculum. However, “day one” CPT programs can attract scrutiny from USCIS, which may view them as violating the primary intent of the F-1 visa, leading to future immigration complications.
2. Employment with a Cap-Exempt Employer
Certain employers, like universities and nonprofit research organizations, are exempt from the H1B cap. Working for a cap-exempt employer can be a strategic way to stay employed in the U.S. If you later wish to move to a cap-subject job, you’ll need to enter the H1B lottery, though there are exceptions related to concurrent or location-specific employment.
3. Country-Specific Visa Options
- H1B1 for Chileans and Singaporeans: This category allows up to 1,400 visas for Chileans and 5,400 for Singaporeans annually and does not include dual intent.
- E-3 for Australians: Australian nationals can apply for the E-3 visa, which offers a renewable two-year period.
- TN Visa for Canadians and Mexicans: Under the USMCA agreement, professionals from Canada and Mexico can apply for TN status for specific job roles.
- E-1 and E-2 visas for treaty traders and investors are options for nationals of certain countries with relevant treaties with the U.S.
4. Explore Other Nonimmigrant Visas
- L-1 Visas: For those who have worked abroad for at least a year at a qualifying multinational company.
- O-1 Visa: For individuals demonstrating extraordinary abilities in their field.
- J-1 Visa: Allows for exchange programs that might offer employment opportunities in specific sectors.
5. Working Remotely from Abroad
If staying in the U.S. isn’t feasible, remote work for a U.S. employer could be a viable solution. This option doesn’t involve U.S. immigration laws but may require consultation with an international tax attorney to handle potential tax obligations in your home country.
Final Takeaway
If you’re facing an H1B lottery loss, know that multiple options exist for you to continue working and living in the U.S. Each pathway comes with its own set of rules and requirements, so it’s wise to consult an immigration attorney for a personalized strategy.
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