Exploring Your Options After H1-B Lottery Failure on Non-STEM OPT

When your H1-B visa application is not selected in the lottery and your OPT (Optional Practical Training) period expires, you may feel lost and unsure of your next steps. Thankfully, there are alternative options to continue working in the United States or explore new opportunities abroad. Let's explore these options in detail:

Continuing to Work in the U.S.

1. Cap-Exempt H1-B Visa

If you are on a student visa and your OPT has expired, one viable option is to secure a cap-exempt H1-B visa. You can work with organizations such as universities or non-profit organizations, which do not have the annual cap restriction for H1-B visa applications. This means you can apply at any time of the year. However, if you previously worked for a for-profit employer, you will need to go through the lottery process to file for an H1-B visa for that employer, and you will have to wait until the next April to secure a spot. Once you have a cap-exempt H1-B, you can work for your current for-profit employer through a concurrent H1-B application.

2. Concurrent H1-B Application

Another option is to get a part-time or full-time H1-B job with a cap-exempt employer and request your current for-profit employer to file a concurrent H1-B application. This will allow you to work for both employers simultaneously, but you will have to manage two jobs. The primary H1-B visa will be with the cap-exempt employer, so if you lose that job, you could also lose your right to work concurrently with the for-profit employer. To transfer to the for-profit employer as the primary H1-B employer, you will need to get through the lottery next year. This arrangement is ideal for those who want to maintain employment stability in the U.S.

3. Alternative Visas

If you are not an American citizen, there are other visa options available, such as the E-3 (Australian citizens), TN (Canadian or Mexican citizens), and E-2 (investor visa) to continue working in the U.S. For example, if you are an Australian citizen, you can apply for an E-3 visa, and if you are a Canadian or Mexican citizen, you can apply for a TN visa. Investors from certain countries may also qualify for an E-2 visa, which allows entry for business purposes, along with family members. Additionally, there is the EB-5 visa, which allows individuals to obtain a green card by investing at least $500,000 in a U.S. business that creates or preserves 10 full-time jobs for U.S. workers. While this process takes a significant amount of time, it provides a path to permanent residency.

4. Transferring to an Overseas Office

If your employer has international offices, you may have the opportunity to transfer to an office outside the U.S. and return to the U.S. at a later date on an H1-B or L-1 visa. This could be a strategic option, especially if you are looking at long-term global career opportunities.

Options Outside the U.S.

1. Returning to Your Home Country

If you are open to working in another country and prefer to remain employed by your current U.S. employer, you could discuss the possibility of relocating back to your home country. Some employers maintain offices in countries like India, the Philippines, or Ireland. Alternatively, if your employer does not have a local office, they might contract with a professional employer organization (PEO) to handle all aspects of the employee's job, including benefits, HR, and payroll. Ensure that your relocation aligns with the company's operational needs and your personal career goals.

2. Global Employment Opportunities

If you prefer to stay engaged with your U.S. employer but are open to working abroad, explore other international opportunities within the company. Many large multinational organizations have offices in various parts of the world, from Europe and Asia to the Middle East and Australia. By working in an overseas office, you can continue contributing to the U.S. organization while experiencing a different cultural and professional environment.

Final Thoughts

Even if you don't get the H1-B visa through the lottery, you still have several options to continue working in the U.S. or pursue opportunities in other countries. It's essential to explore all viable options, considering factors such as your current professional situation, personal preferences, and long-term career goals. Consult with a qualified immigration attorney or a knowledgeable career counselor to help you navigate the process and make informed decisions.

Remember, consistency and proactive planning can significantly influence your career trajectory, no matter the challenges you face.