So you didn’t get selected in the initial 2023 H-1B lottery selection?  What now?

You are not alone and it is clear that we need more H-1B visa numbers. Most people apply for the H-1B lottery after they have looked at all the alternatives because the chances of being selected are becoming increasingly low. Here some options if you didn’t win the H-1B Lottery:

  1. Can you get a job offer from a cap exempt entity?
  2. Are you from a treaty country and have a job offer from a treaty nationality company? Look into the E-1 treaty trader or E-2 treaty investor visa.
  3. Invest in your own company and get an E-2 treaty investor visa if you qualify.
  4. Are you a national of Australia, look into the E-3. Requirements mirror the H-1B.
  5. Are you a national of Singapore, Chile? Try the H1-B1
  6. Are you a citizen of Mexico or Canada? Will the TN visa work for your position? Check out this article from NAFSA.
  7. Can you move offshore and work remotely for a time for your US company? Check out this article from Syndesus.
  8. Are you on OPT? Do you qualify for a STEM OPT extension? New new fields of study have been added to the STEM Optional Practical Training (OPT) program.
  9. Can you go back to school? Possibly qualify for CPT? Curricular Practical Training (CPT) is a type of work authorization that allows F-1 international students to participate in paid off-campus academic internships during their degree program.
  10. If outside the U.S., you may qualify for a J-1 trainee visa as an intern or professional trainee.
  11. Are you extraordinary? Do you qualify for an O-1 extraordinary ability visa?
  12. Do you work for a Multinational company and have you worked for them abroad as a manager, executive or specialized knowledge employee? What about the L-1 intracompany transferee visa?
  13. Is your Spouse in H-1B, L-1, E-1, E-2, E-3 or J-1? You may qualify for
  14. Could you go directly to the green card? Options include National Interest Waiver, EB-1 Extraordinary Ability if you need to self petition. You could also file the I-140 and I-485 concurrently if visa numbers are available and get an EAD.
  15. Will your employer sponsor you via PERM and get to the green card ASAP?

If we can help you identify your options after the 2023 H-1B Lottery call our immigration office to schedule a consultation. Our experienced employment immigration attorneys can help you navigate this process.

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Elizabeth Garvish
Elizabeth GarvishFounding Attorney & Managing Member
Elizabeth L.A. Garvish is the Founder and Managing Member of Garvish Immigration Law Group, LLC. After years of immigration practice experience with small boutique firms, big law and nonprofits, Elizabeth founded Garvish Immigration Law Group, LLC in 2010. The firm was recently recognized as one of the fastest growing law firms in the country by Law Firm 500. Elizabeth is a frequent speaker and presenter on U.S. immigration topics around the world. She is an active member of the American Immigration Lawyers Association (AILA) serving on various national committees.