Between April 1 and April 7 of this year, USCIS received a staggering 233,000 applications for H-1B visas. The downside? There are only 85,000 H-1B visas available every year, meaning that close to 150,000 people will find their applications rejected by USCIS. The H-1B application process can often seem unfair as USCIS randomly conducts a lottery to determine which applications it will process.
So – what if your H-1B application didn’t get selected? Do you simply have to wait until next April 1 to play the lottery again? Not necessarily – there are in fact many other employment-based visas available on a year-round basis that you can apply for if you were not selected for the H-1B lottery.
Look for a cap-exempt H-1B employer: Not every employer is subject to the H-1B Cap. Certain employers can file initial H-1B applications at any point during the year, and will not be subject to the H-1B Cap. These include non-profit universities, research organizations or government organizations. You should contact an attorney right away if you think your employer might qualify to be cap-exempt.
Extend your OPT if you are a STEM graduate: Foreign students completing their education in the United States generally qualify for Optional Practical Training (OPT) for a period of 12 months. For students in a STEM major (Science, Technology, Engineering and Mathematics), you have the option to receive an additional 17 months of OPT time through the filing of a simple extension.
Start your own business: E-2 visas are available for individuals of certain nationalities in the US. They allow for investment into a new or existing company in the United States, provided that company will be active and profitable. E-2 visas are renewable indefinitely. If you are looking to invest in a business, this could be an ideal option for you.
Have your employer sponsor you for a green card: Everyone believes that employment-based green cards take a long time and historically this has been true! Last year, the worldwide wait in the EB-3 category was 18 months. However, more and more visa numbers are becoming available for employment-based green cards. In fact, the upcoming June visa bulletin shows the priority date for some EB-3 categories is February 2015! A review of the past year of employment-based visa bulletins shows that you shouldn’t rule out an employment-based green card as an option, as they are not taking as long as they used to. Additionally, if you have a master’s degree, or a bachelor’s plus 5 years of experience, priority dates are current for most of the world. If your employer files an immediate PERM application on your behalf, it could be approved within a few months, giving you the change to apply for your green card even sooner than you thought!
It is upsetting and disappointing when your immigration goals are blocked by the government, but there is always an alternative. Perhaps now is the time to apply for your green card, go back to school, or start your own business. Failure to do anything if your H-1B application is rejected could lead to negative consequences for your immigration case, but if you are proactive, you might find yourself achieving your goals faster than you thought possible!
In any case, now is the time to discuss your future with a qualified immigration attorney. At Wilner & O’Reilly, we now have seven offices where qualified, licensed attorneys can assist you in finding the most direct path to your secure future in the U.S. Come visit us today at one of our five offices in California – Orange, Riverside, Sacramento, San Francisco or San Diego, at our Utah offices in Salt Lake City and Orem. Call us now on 714-919-8880.
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Kelly S. O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of the Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (714) 919-8880 and he welcomes email inquiries at [email protected].
