I Was Not Selected for the H1B Lottery. What Are My Options?

22 Sep 2022

The H1B visa allows degreed professionals to work in the United States as long as they are sponsored by companies. It The H1B work visa is arguably the most common and important work visa for foreign nationals. To ensure that H1B workers do not compete unfairly with US workers, there are many regulations associated with the use of the H1B work visa, and the government limits the number of new H1B work visas that are allowed annually. New H1B visa applicants will need to go through a lottery process, which takes place in March each year.

So, what can you do if you are not selected in the H1B lottery? In that case, you should consider other work visas that may apply to you. Working with us at JCL Immigration Attorneys PLLC, we can help you identify and pursue other options available to you.

Alternative Visas to H1B

Here are your other options aside from H1B.

L-1 Visa

If your employer has an office outside of the U.S., they may transfer you to their non-U.S. office. After working for your employer’s overseas office for at least one year, you may be eligible for the L-1 visa as an intracompany transferee. Your employer must meet certain qualifications before they can petition for your L-1 visa

This visa is also available to executives or managers, as well as professionals with specialized knowledge, of foreign companies that currently have no presence in the United States.

TN Visa

Canadian and Mexican citizens can consider getting a TN visa as their H1B alternative. This particular visa is born from the North American Free Trade Agreement (NAFTA), now USMCA, hence why it is only available to Canadian and Mexican citizens. TN applicants must be assuming a position listed on USMCA if they want this visa. The job must also be arranged with your employer ahead of time.

O-1 Visa

The O-1 visa is a viable alternative. It is reserved for those who possess extraordinary abilities in a specific field. The eligible fields include athletics, business, education, and science. You may also be granted this visa if you have received national or international recognition for your work in TV or film, or your fields of expertise. Note that you must apply for the O-1 visa with the intent of continuing in the field that has garnered you significant acclaim. Otherwise, you may not be granted this visa.

Dependents for H1B Visa Holders

If you were selected in the H1B lottery to work in the United States, can you bring your family with you? You’ll be glad to know that your family are eligible for the H-4 visa.

Your spouse and your unmarried children under the age of 21 are eligible for the H-4 visa. Work with a Scottsdale H1B immigration lawyer if you want to make the application process easier for yourself and your family.

How a Scottsdale Immigration Attorney Can Help

Don’t lose hope if you weren’t selected in the H1B lottery. Instead, consider hiring a Scottsdale immigration attorney so they can study your case and evaluate your options. After studying your situation, your attorney may be able to find a pathway for you into the United States.

Your attorney can also help you gather supporting documents to bolster your application. If any issues pop up, they can also address those for you.

We at JCL Immigration Attorneys PLLC are ready to spring into action if you need help with your visa application. Contact us today so we can get your application in order.