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What To Do If You Are Not Selected in the Lottery or Your H-1B Is Denied

What To Do If You Are Not Selected in the Lottery or Your H-1B Is Denied

The annual H-1B visa lottery begins March 1, 2022, for the 2023 H-1B visa lottery fiscal year that begins on October 1, 2022. But what should applicants do if they are not selected in the H-1b lottery, or if their H-1B visa is denied? H-1B visas are nonimmigrant visas that permit foreign workers in specialized occupations to live and work in the United States for a limited period of time.

With over 300,000 applicants in the annual visa lottery and a U.S. labor shortage, there is high demand in the business and tech industries for H-1B visa holders. The denial rate of the 85,000 workers drawn from the annual H-1B visa lottery dropped to a record low 4% in 2021, 3 years after reaching a record high in 2018. But what if you aren’t picked in the lottery, or your H-1B visa application is denied?

If you are not selected in the H-1B lottery or your H-1B visa is denied, a business immigration attorney can determine the best alternatives to the H-1B visa based on your qualifications, timing and the position your employer is offering. Some alternatives to the H-1B visa are:

• A cap-exempt H-1B visa is available to universities and related nonprofit entities, nonprofit research organizations and government research organizations.
• An O-1A visa is available for people with extraordinary ability visa particularly in the STEM fields
• Apply for an F-1 visa status to study for a master’s degree or an F-1 visa extension if you are already on a study visa.
• An L-1 visa for intracompany transfers is a good alternative to the  H1-B visa for foreign workers who work for a company with locations in the United States as well as international facilities.

You can also appeal the decision of your H1-B visa denial to USCIS. A business immigration attorney can help foreign workers who are looking for alternatives to live and work in the United States if your H-1B is denied.

Learn More:

H-1B In-Person Interviews Waived Through 2022

FY 2023 H-1B Visa Lottery March 1 -20, 2022

DuPage and Cook County Business Immigration Lawyer

A business immigration lawyer works with both employers who want to hire skilled foreign workers and foreign nationals who want to come to the United States to work temporarily or permanently. For assistance with your employment-based immigration issue, contact Godoy Law Office at 630-912-0322. Godoy Law Office serves the entire Chicago, Illinois area including DuPage, Cook, Kane, Will and Lake Counties.

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