Title: H1B Not Selected? Here Are 3 Strong Backup Plans to Stay and Work in the U.S.
Introduction
The H1B visa lottery is purely based on chance, with no consideration for your qualifications, effort, or achievements. Many international students believe that hard work alone should determine their success, only to feel frustrated when they are not selected. Unfortunately, factors such as luck, government policies, and external circumstances play a significant role. Instead of relying solely on the H1B lottery, it's essential to prepare multiple backup plans. So, what should you do if your H1B is not selected? Here’s how you can secure your future in the U.S.
Step 1: Develop a Long-Term Plan
If your H1B application was unsuccessful, follow this step-by-step approach:
1. Analyze Your Situation
The declining H1B selection rate has left many international students in uncertain positions. Instead of panicking, assess your options and consider the best strategy for your career.
USCIS grants approximately 200,000 H1B visa petitions each year, but only 65,000 are allocated through the lottery, with an additional 20,000 set aside for advanced degree holders (Master’s and Ph.D.). Given these odds, having a well-prepared alternative is crucial.
2. Decide Whether to Stay in the U.S. or Return Home
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Returning Home: Evaluate the job market, industry trends, and salary expectations in your home country before making a decision.
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Staying in the U.S.: If you choose to remain in the U.S., consider options like STEM OPT extension, pursuing a higher degree, relocation, or exploring alternative visas such as O1, Day 1 CPT, or Nonprofit H1B.
Step 2: Explore H1B Alternatives
Here are some common visa options to help you continue your career in the U.S.
1. STEM OPT Extension
If you have a STEM degree, you can apply for a 24-month OPT extension after your initial 12-month OPT period. This gives you more chances to apply for the H1B lottery.
2. Enroll in a Higher Degree Program
Consider pursuing a Master’s or Doctoral degree. After graduating, you will be eligible for a new OPT period, increasing your chances of securing an H1B.
3. Cap-Exempt H1B
Some institutions, such as nonprofits, universities, and government research organizations, are exempt from the H1B cap, allowing applications at any time without a lottery.
4. Day 1 CPT (Curricular Practical Training)
Certain universities offer Day 1 CPT programs that allow students to work legally while studying. Ensure the program is compliant with F1 regulations.
5. L1 Visa (Relocate to Canada or Other Countries)
If your employer has an international presence, you may work for an overseas branch for a year and later return to the U.S. on an L1A or L1B visa.
6. O1 Visa (Individuals with Extraordinary Ability)
This visa is for individuals with exceptional talent in sciences, business, education, arts, or athletics. You don’t need a lottery, and there is no annual cap.
7. E2 Visa (Investor Visa)
If you are from a treaty country, you can apply for an E2 visa by investing in a U.S. business. Those not from treaty countries can first obtain a qualifying passport.
8. EB1A Visa (Extraordinary Ability Green Card)
If you have outstanding achievements in your field, you may qualify for the EB1A green card without employer sponsorship.
9. EB2/EB3 Green Card
If your employer is willing to sponsor you, you can start the green card application process instead of relying on the H1B lottery.
10. National Interest Waiver (NIW)
This employment-based green card option waives the job offer requirement if your work benefits the U.S. significantly.
11. Nonprofit H1B
H1B petitions from nonprofit organizations, higher education institutions, and research entities are exempt from the annual lottery cap. If you work for a nonprofit, you can apply for an H1B at any time.
12. Marriage-Based Green Card
If you are married to a U.S. citizen or green card holder, you may qualify for permanent residency.
13. Change to a Dependent Visa (F2, J2, H4, etc.)
If your spouse holds an F1, J1, or H1B visa, you may be eligible for a dependent visa, though work authorization depends on the specific visa type.
Step 3: Follow Through with Your Backup Plan
A. OPT STEM Extension Application Process
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Submit Form I-983 to your school, detailing how your job relates to your STEM degree.
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Receive a new I-20 from your school reflecting your STEM OPT extension.
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Apply to USCIS for the 24-month extension.
B. Relocate to Canada for L1/H1B Eligibility
If your employer has a Canadian branch, you may work there for 12+ months and later apply for an L1 or H1B visa to return to the U.S.
C. Apply for a Marriage-Based Green Card
If you are married to a U.S. citizen, you can apply for a green card, which allows you to work and live permanently in the U.S.
D. Secure an O1 Visa
If you have outstanding skills or achievements in your field, an O1 visa can be a direct path to working in the U.S. without the H1B lottery.
E. Consider Day 1 CPT Programs
Day 1 CPT universities allow students to work legally while studying, providing a seamless transition from OPT or H1B denial.
F. Work for a Nonprofit Organization (H1B Cap-Exempt)
Look for opportunities in nonprofits, research institutions, and universities, as they can file H1B petitions without lottery restrictions.
Conclusion: Stay Prepared with Multiple Backup Plans
The H1B lottery is unpredictable, but you don’t have to put your future on hold. Always have at least three alternative plans (Plan B, C, and D) so that you can pivot quickly if one option doesn’t work out. By proactively exploring other visa options and career paths, you can secure long-term stability in the U.S.
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