Get 3 Back up Plans If your H1b lottery didn’t get selected (H1b Alternatives: CPT, OPT & O1 visa)
H1b lottery is very luck based and has nothing to do with your hard work or how outstanding you are. It’s just a matter of luck, most new graduate believe that all efforts should be paid off, and expect to see the most of the results with much effort. However, once the result is not as expected, they feel mistreated. Unfortunately, we can not only consider hard work but ignore the background, luck, the environment, and the current political situation. These factors may also significantly impact a person's fate, far beyond the individual's excellence and ability, but we can make back up plans. so, what is the back up plan if i did not win the H1b lottery; what should I do next?
Make a long-term Plan
This is a step-by-step instruction of making a long-term plan if you didn’t get your H1b selected:
First, analyze the situation and evaluate all the options you have:
With the low H1b selected rate, lots of international students are facing the visa issues and experiencing high pressure, however, at this moment, any negative and irrational emotions should be avoided: students should be calm, start analyze the current situation, evaluate the best plan for themself.
Data has show that the H1b selected rate has became more and more complicated in recent years, while the USCIS approves around 200,000 H1B visa petitions each year, only 65,000 are granted visas through the lottery. Just for the reminder, 20,000 additional petitions are for advanced degree exemption. The advanced degree petitions program is intended for applicants with Masters's and Ph.D. (source: Lawfirm4immigrants.com).
Based on the data, we can learned that H1b lottery is based on luck and cannot be guaranteed, therefore, international students should start preparing their back up plans as early as they can.
Secondly, determine your future direction:
This is a relatively time-consuming stage, whether to leave U.S. or to stay, students must make their decision as soon as possible. Evaluate both pros and cons of all parties, confirm the path: Whether leave or stay
Leave U.S. and return back to home country:
Students needs to evaluate whether they can catch up the domestic industry trends, the environment, the position, salary, and life style.
Staying in U.S.:
If students has determined to stay in the U.S., you now need to set your Plan B, C and D for the coming 3-5 years, such as OPT STEM extension, pursue a higher degree, relocate, day 1 CPT, applying for O1-A, using NGO h1b visa…and so on.
Let’s review some common methods of H1b alternatives:
Common Visa Types
Graduates of STEM majors who did not get H1B in the first year of OPT can apply for STEM OPT to extend the OPT time.
Enroll in a new degree program to improve academic qualifications, such as undergraduate students continuing to study for a graduate degree.
Institutions of higher learning, affiliated (cooperative) non-profit institutions of higher education institutions
Day 1 CPT programs allow student to continue to work with no gap from Day 1 of the program. However, students should be noted that Day 1 CPT must ensure that the school has a real training program and legally maintains F1 status. click here to check accredited Day 1 CPT Universities
If your company has an overseas branch, you can go overseas as a senior executive for more than 1 year, and then apply for an L1A or L1B visa with the US branch. But we have to pay attention to one point. This visa requires that I have to go back to the location of the affiliated company.
Most of them are executives in their own countries for one year. In other words, the students themselves cannot be in the United States. Because in the process of our usual consultation, many students will ask: I work for a Chinese company in the United States. Do I meet the requirements of the L visa to be their executive? The answer is no, you can't work in the United States, you have to go back to the country of the company to work.
Advantages: No time limit, no lottery required, sufficient quantity.
Classification:
O1A:
Suitable for applicants of science, education, sports, and academic types. You don't need to be top talent, just have a certain influence. O1A application conditions: You can apply if you meet more than 3 of the following: have won international awards; members of well-known societies in the field; reports on publications or personal achievements; served as a judge of professional works; published articles and participated in performance activities
O1B:
Mainly applicable to applications for arts or film and television talents. You can apply if you meet three or more of the following requirements: once played a major role in a certain artwork; published articles in art journals and other media; retained video materials; and obtained expert recognition. There are also remuneration requirements.
According to the existing policy memo, the O1A application conditions are much looser. For example: Originally OA1 applicants needed to win top awards in the field, but now they can also apply for awards issued by national institutions or professional institutions.
Secondly, the doctoral dissertation award of PHD, or the PHD scholarship of a famous university can also be an important proof.
Suitable for passport holders of treaty countries with the United States. Although it is not applicable for holders of passports from mainland China, passports from countries that meet the requirements can be obtained first, which constitutes a prerequisite for the application. It is suitable for students who want to stay in the United States to start a business and prove their financial ability.
The Eb-1 visa is an employment-based green card available to foreign nationals who demonstrate extraordinary ability in their field, whether the science, the arts, education, business, or athletics.
Evidence proving extraordinary is by “sustained national or international claim“
Labor Certificate-140-485. Suitable for those whose birthplace is located in the long queue, such as China and India, can start the queue as early as possible, which can save the waiting period.
The EB2-NIW is an employment-based visa that does not require sponsorship. The NIW stands for “national interest waiver.” This means that the U.S. government will waive the requirement of a job offer.
You can apply for a green card if you are not selected for H1B.
You can apply as long as the employer is willing to sponsor you, and start prepare a green card application at the same time as the H1B is drawn. (during the green card process, if you would like to stay and work in U.S., you can use Day 1 CPT to stay.
Spouses of U.S. citizens and green card holders. Many do not require interviews, and the speed of recent trials has been gratifying.
F2, J2, H4, etc. But we have to note that this method does not necessarily have the status of legitimate work. For example, if your spouse is H1B, you can apply for H4, but in fact, H4 does not have a legal work status, unless the spouse has an approved 140, so that you will have a working EAD card, and you will have a legal work status.
For another example, if the spouse is F1, if you convert to F2 status, there is no legal work status.
More: >> Free visa consultation
>> What is Day 1 CPT?
Plan at least 3 paths for yourself, if Plan B doesn't work, change to Plan C immediately. If there is a problem with Plan C, change to Plan D! As long as you have determine yourself three backup plans, students do not have to be anxious anymore, it’s only a matter of time before reaching the end.
Follow the plan
The application process if you are plan to apply for the 24-month OPT extension
First step:
Submit an I-983 form to the school: the form must contain a detailed work plan explaining how the work content is related to the STEM profession, how you will use the major you have learned in this position, and how employers will evaluate your performance.
Second Step:
After submitting the Training Plan (I-983 form), you must wait for the school to send you a new I-20 form, which will display your STEM OPT extension application.
Last Step:
After getting the new I-20, you can apply to the USCIS for a 24-month OPT extension
If you pursuing for a higher-level degree, you will be eligible for OPT of the higher-level degree.
*Please note that: OPT can only be used once per higher degree level even if you have multiple degrees per level
(e.g. OPT based on a Bachelor's degree and then OPT based on a Master's degree or PhD). The 12 months of OPT must be used all at once, it cannot be broken up.
Bachelor degree students are suggested to apply for a higher degree (MBA or Master), use CPT while studying for a higher degree, and use OPT after graduation, which increases the chances and times of drawing lots.
Suppose the company you belong to is a medium-sized company with overseas branches. In this case, lots of people will talk to their HR for seeking a Canada or Europe relocate opportunity, remaining working for the same company.
Generally, it is required to serve the company for more than 18 months before relocating and continue to draw h1b with L status or come back after meeting the conditions of L1/H1.
Types of L-1 Visas: L-1A and L-1B
L-1A Visas are issued for employees working as an executive or manager for their company.
L-1B Visas are those persons with specialized knowledge.
*note: each of these terms (manager, executive and specialized knowledge worker) have a very specific legal definition. It is therefore important that you consult with an immigration lawyer to determine if you qualify.
Requirements for L1 Visas
In order to qualify for an L1 Visa, you have to meet specific requirements. The following are some basic requirements for the L1 Visa:
You must have worked outside the United States such as in Canada for one full year within the preceding three years on a full time basis
You must have worked for a “qualifying organization” outside the United States as an executive, manager or in a “specialized knowledge”
You are being transferred to the United States to work for a new or existing U.S. Business that is either subsidiary, branch or affiliate of the Canadian company.
Requirements for H1B Visas
A job offer from a U.S. employer for a role that requires specialty knowledge
Proof of a bachelor’s degree or equivalent in that field
Your employer must show that there is a lack of qualified U.S. applicants for the role
A marriage green card allows the spouse of a U.S. citizen or green card holder to live and work anywhere in the United States. A green card holder will have “permanent resident” status until they decide to apply to U.S. citizenship, for which they become eligible after three years.
Qualification of Marriage Green Card
To qualify for a marriage-based visa or green card, you must be legally married. A legal marriage is one that is officially recognized by the government in the country or state where you were married. This usually means that an official record of your marriage was made or can be obtained from some government office.
The average process of marriage-based green card takes 17 months, depending on whether the applicant is married to a U.S. citizen or a U.S. green card holder, the latter might take more steps of application.
The O nonimmigrant classification are commonly referred to as:
O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry);
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry;
O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and
O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
The O-1 visa is issued mainly for persons with outstanding talents in science, art, education, business, or sports to work in the United States. There is no quota limit for the O1 visa.
O1 Visa Qualifying Criteria
To qualify for an O1 visa, you must meet the following criteria, depending on your field of expertise:
For science, education, business or athletics: You must have expertise that distinguishes you from others in the field. In other words, you must be one of the “top” percentages.
For figures in the field of arts: You need to be distinguished in the field of arts and have higher achievements than most. For example, you should be a renowned, leading, or well-known figure in the field – someone who has.
For figures in the motion picture or television industry: You need distinction – for example, being recognized as someone with a higher degree of skill than others, and who is a leading, notable figure in the field.
But applicants must have outstanding talent, and their U.S. employer must be able to offer jobs that match their talent. "Outstanding talent" does not mean having general professional technical knowledge but means having extraordinary research ability, outstanding contribution, or national or international reputation in a particular field.
Applicants must have outstanding achievements. Anyone who has won a recognized international award, such as the Nobel Prize, can be considered a person of outstanding achievement unconditionally.
Others are also considered outstanding achievers if they meet three of the following criteria:
(1) Receive national awards or awards that recognize their outstanding performance;
(2) As a member of relevant industry associations who can only join with excellent performance;
(3) There have been professional publications, industry publications, or major media that have introduced or reported on themselves and their work;
(4) Participate in or have participated in industry judgments of others as a group or as an individual. For example, a judge or a member of the judging panel of a professional competition or a judge of an academic award;
(5) Groundbreaking or outstanding innovative contributions in the fields of science, academia, business, arts, or education;
(6) Authors of professional academic works or articles;
(7) Served or held essential or vital positions in well-known organizations;
(8) Receive a high salary or other forms of substantial compensation in the field
O1 Visa Requirement Sample
Day 1 CPT is the most practical, recommended plan and top choice for most people without particular backgrounds:
Many people use Day 1 CPT to continue their work from the first day of school, prepare to join the draw again, and also avoid a more significant gap at the end of OPT and work.
During the Day 1 CPT Universities F1 visa, students are legally eligible for the H1b register and green card apply.
The advantage of Day 1 CPT is that students can start working from Day 1 without the gap, executing a flexible study schedule with affordable tuition fee.
Besides, for students who were not from STEM program, they can consider a STEM Program for their Day 1 CPT, which will allow them to gain the STEM 3 years OPT after finishing the program.
Students who already have a master's degree can consider the DBA program, DBA program not only provide a long length but also offer STEM OPT after graduation and has a better chance to apply for O1 and other visas.
>> Check cheapest Day 1 CPT University
>> Check Day 1 CPT STEM Program
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Unlike the general pipeline, Non-Profit institutions are exempt from the annual lottery draw:
H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C), are exempt from the H1B cap.
Qualification of Nonprofit organization:
A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. A governmental research organization is a United States Government entity whose primary mission is the performance or promotion of basic research and/or applied research. Non-Profit Organizations have a certain number of new positions every year. Therefore, people who work for NGOs do not need to apply for H1B; they can directly apply for the H1B quota exemption and apply at any time. (source: visapro.com)
So what are the requirements of the Non-Profit agency?
1) Non-profit institutions affiliated with higher education institutions
2) Non-profit organizations related to scientific research
3) Government research organizations related to scientific research
It doesn't matter if you win the H1b or not, try your best to do what you can do within your ability, and if the results turn out to be unexpected, follow the back up plans you made.