7 Alternative Paths to Stay in the U.S. if H1B Lottery not Selected

Receiving news that you haven’t been selected in the H1B visa lottery as your Optional Practical Training (OPT) nears expiration can be disheartening. However, there are several alternative paths to consider for staying in the U.S. Here are seven options:

1. Day 1 CPT (Curricular Practical Training): If you’re not selected for H1B and your OPT is expiring, explore enrolling in a graduate or doctoral program that allows for Day 1 CPT authorization. This enables you to continue working while waiting for the next lottery. Additionally, using Full-time CPT for less than 12 months during your program may make you eligible for a new OPT opportunity.

2. Employment-Based Green Card: Don’t wait for an H1B visa to apply for an employment-based green card. You can start the process during your OPT period or even while you’re still studying.

3. Investment-Based Green Card (EB-5 Visa): The “EB-5 Reform and Integrity Act” introduced three categories of “reserved projects” that don’t require waiting. These projects can lead to a faster acquisition of an Employment Authorization Document (EAD) work card and Advance Parole (AP) re-entry permit within 3-6 months.

4. Cap-Exempt H1B: Certain educational institutions, nonprofit organizations, government research institutions, and nonprofit research organizations can apply for H1B visas without going through the lottery. Nonprofit employees can also apply for Concurrent H1B to work for other for-profit employers.

5. Relocate Overseas and Return on L1 Visa: If your current employer has branches or subsidiaries overseas, consider relocating to work in another country for a year. Afterward, you can return to the U.S. on an L1 visa.

6. O Visa for Extraordinary Ability: If you excel in your field, explore the O1A or O1B visa for individuals with extraordinary ability. Unlike the H1B, there’s no lottery or cap limit for the O visa, and it can be extended indefinitely.

7. Switch to Dependent Visa Status: If your spouse holds a suitable visa, consider changing to a dependent visa status. Spouses who are U.S. citizens or lawful permanent residents (green card holders) can apply for a green card for you through family immigration. Notably, there’s currently no waiting period for applicants born in mainland China applying for a green card under the spouse category.

Hopefully, Every individual in the US and hopes to stay in the US can find their best paths if they were not selected in the H1B Lottery.