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H-1B registration not selected?

My H-1B registration wasn’t selected this year – Now What?

Read on to find out what happens if your H-1B registration is not selected. The H-1B nonimmigrant visa category allows employers to sponsor foreign nationals performing work in a “specialty occupation.” This typically requires an offer of employment in a job requiring at least a U.S. bachelor’s degree, or its equivalent, in a specific specialty. There is an annual limit or “cap” on H-1Bs of 65,000, with an additional 20,000 slots awarded to recipients of a U.S. master’s degree or higher. In order to allocate those H-1B numbers, USCIS holds an H-1B cap-subject “lottery” each year. Selected registrants have a 90-day deadline to file an H-1B petition, demonstrating that the offered job and the candidate meet all requirements.

What if your company registered one or more candidates who weren’t selected in the lottery. Are there any other options to employ them?

  • Optional Practical Training / Curricular Practical Training
  • Work visas Based on Nationality
  • Treaty Traders andf Treaty Investors
  • International Entrepreneurs
  • Visas for Individuals with Extraordinary Ability or Achievement
  • visa for Trainees
  • Jump Straight to Green Card Sponsorship.

Review the details for each of these items on a document from AILA by clicking here.

As always, if we can be of assistance, please call our office to schedule an appointment.