With over 440,000 H-1B electronic registrations for individuals, most foreign nationals unfortunately weren’t selected in the H-1B lottery and will have to consider other possible visa options. Every year around this time, it feels like we are trying to fit a round peg into a square hole. The H-1B is truly the right visa status for many foreign nationals but due to Congressional cap limits there are not enough H-1Bs even for those who may be a perfect fit.
Still, although it may be difficult, it is not impossible for many foreign nationals to find other ways to come to the US to work even if they do not get picked in the H-1B annual lottery. As mentioned, it is always advisable to consult with an experienced immigration attorney to discuss all possible H-1B alternatives. And if there are truly no other options, there is always the possibility to try again next year in the H-1B lottery.
I am Australian, Canadian, Mexican, Chilean, or Singaporean >
I am "extraordinary" and renowned in my field >
I work with an O-1 visa holder >
I have a spouse who is a US citizen, L, E, J, or H-1B visa holder >
My company has a foreign entity where I would be willing to work for at least one year >
For those not picked in the lottery, the news can feel devastating. Although there is not much consensus these days on what immigration reform should look like, many believe that the H-1B lottery system needs reform.
Although we’ve seen changes to the H-1B program with the new H-B electronic registration system, the beneficiary-centric lottery, and the ability to file H-1B petitions online, true H-1B reform must address the limited cap numbers. This and other substantive changes to the H-1B program require legislative action or rulemaking, which all take time. For the immediate future, foreign nationals and their potential employers should look to the above alternatives if their H-1B registrations were not picked in this year’s lottery or if the filed H-1B cap petition was denied.