Options if Your H-1B is Not Selected

(Jane Xu, jane.xu@hooyou.com)

If your H-1B application is not selected, do not worry—there are multiple alternative options available based on your background, profession, employer support, and long-term plans. Here are some viable choices:

1. Stay in the U.S. and Apply for Other Work Visas

If you wish to continue working in the U.S., consider the following visa options:

(1) O-1 Visa (Extraordinary Ability)

  • Suitable for individuals with outstanding achievements in science, arts, education, sports, or business.
  • Similar to H-1B, the O-1 visa requires a job offer from a U.S. employer.
  • Unlike the H-1B, the O-1 visa does not have an annual cap and can be extended indefinitely.
  • The O-1 visa has high qualification standards, similar to the EB1A green card category. If you have notable achievements such as patents, publications, or awards, you may qualify.

(2) E-2 Investor Visa (For Certain Nationalities)

  • Available to citizens of E-2 treaty countries (e.g., Canada, Japan, Germany).
  • Requires an investment in a U.S. business to qualify for an E-2 visa.

(3) TN Visa (For Canadian and Mexican Citizens)

  • Available under NAFTA for specific professional roles (e.g., engineers, accountants, scientists, IT specialists).
  • Only available to citizens of Canada and Mexico.

(4) Cap-Exempt H-1B

  • Some employers, such as universities and nonprofit research organizations, are not subject to the H-1B cap.
  • If you secure H1B employment with a cap-exempt employer, you can apply for an H-1B with a cap-subject employer later without going through the lottery again.

2. Stay in the U.S. by Changing Status

If you cannot obtain another work visa and wish to stay in the U.S. after OPT expires, you may consider the following:

(1) Continue Studying as an F-1 Student

  • Enroll in another academic program to maintain legal status.
  • If you pursue a higher degree, you may be eligible for OPT again after graduation and reapply for an H-1B.
  • Some institutions offer Day 1 CPT (Curriculum Practical Training), allowing students to work legally while studying.

(2) Apply for a Dependent Visa (F-2 or H-4)

  • If your spouse holds an F-1 or H-1B visa, you can switch to a dependent visa (F-2 or H-4).
  • If your H-1B spouse has an approved I-140, you can apply for an H-4 EAD (Employment Authorization Document) to work legally.

3. Work Remotely and Return to the U.S. Later

(1) If your employer permits remote work, consider working from another country and reapplying for an H-1B next year.

(2) L-1 Intra-Company Transfer

  • If your employer has international offices, you may work abroad for at least one year and then apply for an L-1 visa to return to the U.S.
  • L-1 is ideal for managers, executives, or employees with specialized knowledge.

4. Reapply for H-1B Next Year

If you plan to apply for the H-1B again next year, you may consider the following:

  • Extending OPT/STEM OPT: If eligible, extend your OPT to stay and work in the U.S., and apply for the H1B lottery again next year.
  • Switching to Cap-Exempt Employers and obtaining concurrent H1B without the need to go through the lottery.

Conclusion

Planning your next steps after losing the H-1B lottery is crucial for both career growth and long-term residency goals. With over 20 years of experience assisting with H-1B and green card applications, I can help you strategize the best pathway to achieve your American dream. Please feel free to reach out for guidance and assistance.

Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, P.C.

Chicago • Houston •Seattle 

Tel: 1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website: http://www.hooyou.com

 

(02/17/2025)