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:
- Can you get a job offer from a cap exempt entity?
- 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.
- Invest in your own company and get an E-2 treaty investor visa if you qualify.
- Are you a national of Australia, look into the E-3. Requirements mirror the H-1B.
- Are you a national of Singapore, Chile? Try the H1-B1
- Are you a citizen of Mexico or Canada? Will the TN visa work for your position? Check out this article from NAFSA.
- Can you move offshore and work remotely for a time for your US company? Check out this article from Syndesus.
- 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.
- 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.
- If outside the U.S., you may qualify for a J-1 trainee visa as an intern or professional trainee.
- Are you extraordinary? Do you qualify for an O-1 extraordinary ability visa?
- 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?
- Is your Spouse in H-1B, L-1, E-1, E-2, E-3 or J-1? You may qualify for
- 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.
- 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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