What to Do If I Miss the H-1B Visa Lottery
Understanding H1B Visa Lottery Results
When more applications are received by the U.S. Citizenship and Immigration Services than the annual cap, they use a random selection process called the lottery for H1B to approve H-1B visas. U.S. firms can sponsor foreign workers in specialized fields like technology, engineering, or finance that require specialist knowledge by using the H-1B visa.
A maximum of 85,000 H-1B visas are granted annually. 65,000 are granted to general category applicants and 20,000 are people with a master’s degree or higher. During the allotted time, employers register, and USCIS selects applicants during a random lottery. Those selected to meet the H1B quota can file a full H-1B petition. The lottery ensures fairness when demand for H-1B visas exceeds availability.
Can I Avoid the Lottery?
Some people can get an H-1B visa without the lottery under these conditions:
- Cap-Exempt Employers: Universities, nonprofit research organizations, and government institutions can sponsor H-1B visas year-round without limits.
- Cap-Exempt Transfers: Employees in cap-exempt jobs or who work for cap-exempt employers can bypass the lottery when transferring to similar positions.
- Concurrent Employment: Those with a cap-subject H-1B can work for a cap-exempt employer without entering the lottery.
- Extensions or Transfers: Previous H-1B holders applying for extensions or transfers are not subject to the lottery if within the six-year limit.
These situations allow some applicants to avoid the lottery process.
When Is the H-1B Lottery?
The H-1B lottery takes place in March each year. During a designated registration period, employers can register their potential H-1B applicants. Then the U.S. Citizenship and Immigration Services conducts the lottery to select candidates.
How to Check if My H-1B Got Picked?
To find out if your H-1B petition has been selected in the lottery, follow these steps:
- USCIS Notification: If you’re picked, your employer (or their attorney) will receive a U.S. Citizenship and Immigration Services electronic communication in the online registration portal.
- Case Status: Your employer will file your H-1B petition after your selection. You can track this status with the USCIS Case Status Online tool using the receipt number.
- Ask Your Employer: Your employer or attorney should update you on your lottery status. If you’re not chosen, they will tell you.
How Many Times Can I Try the H-1B Lottery?
There isn’t a limit to the number of times you can apply for the H-1B lottery, as long as you’re eligible each year. Employers can submit your registration during the H-1B cap filing period. Each application has to be for a legitimate job offer from an eligible employer. Being picked during one year doesn’t mean you have approval in an H1B second round or 3rd lottery if you reapply.
Why Do Visa Petitions Fail?
Visa petitions can fail due to incomplete applications, including missing documents or errors. Ineligibility is another reason. A lack of proof of employment might cause someone to not be selected. Ignoring Requests for Evidence (RFEs) can cause denial. Fraud or misrepresentation, including false information or forged documents, guarantees rejection. Cap limits for the H-1B visa may prevent applications from proceeding. Past immigration violations like overstays or unauthorized work, can impact petitions. Avoiding these problems requires planning and compliance with the application process.
Timelines and Requirements for H-1B Applications
The H-1B application process enforces a strict timeline and has specific requirements. The fiscal year begins on October 1, but the process starts earlier. Employers must register applicants during lottery registration, in March. Selected candidates can then file an H-1B petition, which is submitted by the employer in June.
Prerequisite requirements for the H-1B visa include that you must:
- Have a job offer for a specialized role needing a bachelor’s degree from a U.S. firm.
- Have a bachelor’s degree or higher.
- Not be the sponsoring company’s sole proprietor.
- Have proof of qualifications
- Have your employer submit a Labor Condition application
Missed deadlines or failing to provide proper documentation can cause delays or denials.
Alternative Visa Options for Working in the U.S.
If you can’t get an H-1B visa, a few other options for working in the U.S. exist. The O-1 visa is available for people working in arts, sciences, education, or business. The L-1 visa allows multinational companies to transfer employees to their U.S. offices. The E-2 visa is for investors or entrepreneurs from treaty countries. The H-2B visa is for temporary non-agricultural workers, while the J-1 visa supports exchange programs and internships. Each visa has specific requirements, and working with an experienced immigration attorney can help you figure out which H1B visa alternatives are best for you based on your qualifications.
How to Stay in the U.S. Legally After Missing the H-1B Lottery
If you miss the H-1B lottery, you can explore other visa options like these:
- O-1 visa: for people with extraordinary abilities
- L-1 visa: Business visas to work for intra-company transfers
- F-1 visa: A visa to continue studies and maintain student status
- OPT extension for STEM graduates: Optional Practical Training allows more work authorization time, until the next H-1B lottery
- E-2 investor visa
- J-1 exchange visa
- Non-immigrant visa: A temporary visa that allows foreign nationals to enter the U.S. for specific purposes and duration.
You could also change your status to an H-4 visa or F-2 visa, if applicable, or consider applying for a green card through family sponsorship or employment-based categories if you qualify.
Preparing for the Next H-1B Lottery Cycle
You need a qualifying job offer from a U.S. employer willing to sponsor you for the next H-1B lottery cycle. Prepare your resume, school transcripts, and proof of eligibility to move the application process forward. Increase your skills for employers/sponsors in STEM fields if applicable. An expert immigration attorney can read your application and advise you about improvements to ensure it matches USCIS requirements.
Working Abroad While Waiting for U.S. Visa Opportunities
Working abroad while you wait for U.S. visa options might improve your chances for an H1-B visa. Positions with international companies might provide future transfer choices. You can also cultivate connections with potential sponsors to work remotely for U.S. businesses which may strengthen your application and present job opportunities in other nations that have flexible visa regulations.
What to Do if Your Visa Grace Period Is Ending
If your visa grace period is ending, take action to maintain your legal status. Explore options to extend or change your current visa status. Further education might allow you to transition back to F-1 student status. You might qualify for family-based sponsorship or a green card pathway. Make sure you remain in good standing with immigration authorities. Speak with a qualified immigration attorney about your options.
How North County Immigration Can Help You Navigate H-1B Challenges
Our immigration lawyer at North County Immigration is your trusted partner who can help you manage your H-1B challenges. We know the process of obtaining a visa can be stressful and how important it is. We maintain confidentiality and our proven track record ensures you will receive professional and proper representation. We’re here to make it an easier process for you and we provide the support you need to make your application successful. Call us to arrange a consultation.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.