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Alternative Options For Candidates Who Were Not Selected in the H-1B Lottery

For employees who were not selected in the H-1B lottery, start date, there are several other visa options available, such as the following (with hyperlinks to articles on each visa type):

1. The O-1 visa for individuals possessing "extraordinary ability" in business, science, arts, athletics, education, motion pictures, or the television industry;

2. F-1 visa for additional higher education, with Curricular Practical Training (CPT) or Optional Practical Training (OPT) that provide work authorization;

3. TN Visa for professionals from Canada or Mexico;

4. E-3 visa for professionals from Australia;

5. H-1B1 visa for nationals of Singapore or Chile;

6. E-2 Visa for employees who share the same nationality as the company's majority investor;

7. J-1 Visa for specialists, scholars, professors, and teachers;

8. Entrepreneur Parole Rule for startup founders whose business would provide a significant public benefit;  

9. L-1A visa for executives or managers who worked for an affiliated employer abroad for at least one out of the last three years; or the

10. L-1B visa for employees with specialized knowledge about the  of organization’s product, service, research, equipment, techniques, or management, or organization’s processes and procedures; and

11. Concurrent H-1B filings, one of which is cap-exempt, and includes mentorship opportunities, while maintaining the current full-time job with the cap-subject employer.

As many workers on an F-1 visa with OPT or STEM OPT have a status eligibility that ends in September, time is of the essence to create an alternative plan, prepare the application, and file the application with enough time to be approved before the current status expires.

This article is for informational purposes only, and does not constitute legal advice or create an attorney-client relationship. This article does not make any guarantees as to the outcome of a particular matter, as each matter has its own set of circumstances and must be evaluated individually by a licensed attorney


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