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Options for F-1 Visa Holders Not Selected in the H-1B CAP Lottery

Posted by Keshab R. Seadie | Dec 12, 2024 | 0 Comments

F-1 visa holders who were not selected in the H-1B lottery have several options to consider:

  1. Utilize OPT and STEM OPT Extensions

    Standard OPT: If you haven't used your Optional Practical Training (OPT) period yet, you can apply for it. This allows you to work in your field of study for up to 12 months.

    STEM OPT Extension: If you have a degree in a STEM field (Science, Technology, Engineering, or Mathematics), you can apply for a 24-month extension of your OPT. This gives you a total of up to 36 months of work authorization.

  2. Rejoin a Higher Degree Program

    Enroll in a Higher Degree: Consider enrolling in a higher degree program (e.g., Master's or Ph.D.). This not only enhances your qualifications but also resets your eligibility for CPT and OPT.

    Day One CPT: Look for programs that offer Curricular Practical Training (CPT) from the first day. This allows you to work while studying.

    Apply for H-1B Again: You can apply for the H-1B lottery again in the next cycle. If not selected, you can continue with your studies and work on CPT.

    New OPT and STEM OPT: After graduating from the new program, you become eligible for a new period of OPT and, if applicable, another STEM OPT extension.

  3. Explore Other Visa Options

    O-1 Visa: For individuals with extraordinary ability or achievement in their field.

    L-1 Visa: For intra-company transferees who work in a managerial or executive position or have specialized knowledge but must overseas and work at least one year with the parent, subsidiary or affiliate of the U.S. company. 

    E-2 Visa: For investors from countries with treaties with the U.S., provided you have substantial investment in a U.S. business or able to find managerial jobs at company which is majority owned by treaty country national or corporations. 

    H-3 Visa: For trainees or special education exchange visitors.

    J-1 Trainee visa: For trainees with a degree or professional certificate from a foreign post-secondary academic institution and at least one year of prior related work experience in his or her occupational field outside the United States

    EB-5 Green Card: Direct investment or regional center investment amounting to $800,000 or $1,050,000.

  4. Consider Other Pathways

    CAP-Exempt H-1B: Some employers, such as universities and certain non-profit organizations, are exempt from the H-1B CAP and can sponsor H-1B visas throughout the year.

    Work in a Different Country: Consider gaining international work experience, which can enhance your resume and potentially improve your chances of securing an H-1B or L-1 visa in the future.

  5. Consult with an Immigration Attorney

    Legal Advice: Given the complexity of immigration laws, it's advisable to consult with an experienced immigration attorney to explore all available options and to ensure compliance with all legal requirements.

By considering these options, F-1 visa holders can navigate their career paths and maintain their legal status in the United States while seeking future opportunities.

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