So you didn’t win the (H-1B) lottery…
USCIS recently announced that they have finished the H-1B lottery process, and receipt notices have been trickling in.
Thus far, 50% of the H-1B cases filed by my firm were selected in the lottery. I will still hold out and hope for those clients who haven’t gotten receipt notices yet until USCIS returns the application to me.
If you are one of the applicants who has not gotten a receipt notice yet, you may be feeling pretty down right about now.
I feel you. You studied hard, worked tirelessly, and invested so much to develop your career here in the United States. It seems completely unfair and illogical that your entire future is left to a random lottery. You are absolutely right! U.S. immigration laws have simply not kept up with the times and are in need of a major update. But until that happens, you may be wondering what to do next…
1. Get a STEM Extension
If you have a degree in science, technology, engineering or math (STEM), you may be eligible to extend your OPT employment for an additional 24 months. Check your eligibility here and talk to your school right away about getting a new I-20.
2. Apply for a different visa
Other employment-based visas may be available to you. Are you the same nationality as your company (e.g., Japanese engineer working for the U.S. subsidiary of a Japanese corporation)? If yes, you may be eligible for an E-1 or E-2 visa. Are you a citizen of Australia? If yes, you may be eligible for an E-3. Are you a citizen of Canada or Mexico? If yes, you may be eligible for a TN-1 or TN-2.
3. Ask about permanent residency
If you were born in a country other than China, India or the Philippines, employer-sponsored green card processing could be completed in as little as 18 months. Ask your employer if this path is something they might consider, rather than hoping and wishing for a random lottery selection next year.
4. Consider grad school
Going back to school for an MBA, MFE, other MS/MA degree or teaching credential will allow you to stay in the United States on an F-1 visa. Many graduate programs offer CPT (curricular practical training) which will allow you to gain more work experience in your field.
5. Get transferred
Do you work for a multinational company with offices around the world? If yes, check out other English-speaking countries where they have offices–like Canada, the UK, or Australia. Do they have offices in your home country? Even better! After one year of working with the company overseas, it’s possible to transfer back to the United States with an L-1 visa.
6. Work for a non-profit
Some employers are exempt from the H-1B lottery–this means they can sponsor H-1B positions year-round without having to depend on the random selection process. The employer must be a non-profit organization affiliated with a research institution.
7. Look on the bright side
While it can be really tough to do during hard times, try your best to be positive and be grateful for what you already have in your life–supportive friends, loving family, a world-class education, career opportunities, fresh air, clean water…the list goes on and on.
You may not have won the H-1B lottery, but you are probably “winning” in other ways. Go out with friends and celebrate something in your life today. Let tomorrow worry about itself.
If you have questions about alternative visas or green card processes mentioned in Tips 2 and 3 above, feel free to schedule a free phone consultation.
