The registration of my H-1B was not selected. What other options do I have?
The H-1B nonimmigrant visa category allows employers to sponsor foreign nationals to perform temporary services in a "specialty occupation." This generally requires an offer of employment in a job that requires at least a bachelor's or bachelor's degree in the U.S.A., or its equivalent, in a specific area of specialization. There is an annual cap on H-1B visas of 65,000 visas, with an additional 20,000 visas assigned to people who hold a U.S. Master's degree or higher.
Because demand for H-1B visas far exceeds the annual allocation, USCIS conducts a pre-filing registration and lottery process annually to select applicants at random for the 85,000 H-1B visas available.
Here are some alternative strategies that may be appropriate for you based on your particular characteristics:
F-1OPT Visa or Optional Practical Training/ Curricular Practical Work
International Students: A graduate in the United States from a post-secondary institution in may be eligible for an OPT for a 12-month period which will grant employment authorization for their Optional Practical Training (OPT) in a field related to their degree. F-1 students who have graduated with a degree in a STEM (science and math) field and who are employed by a company participating in the U.S. government's E-Verify program may extend the initial OPT period for an additional 24 months. F-1 visa students who are still enrolled in college may qualify for employment authorization through a Curricular Practical Training (CPT) period, although CPT-authorized students must still maintain a full course of study. Students considering any of these options should coordinate with their university's Designated School Officer to obtain OPT or CPT work authorization.
Nonimmigrant Visas: Work Based on Nationality
H-1B1 visas are available for citizens of Chile and Singapore. The requirements for these categories are similar to those of the H-1B visa. Although there is a numerical limit on the number of H-1B1 visas that can be issued in a fiscal year, the limit has never been reached.
E-3 Visas are granted only to citizens of Australia who work in occupations with a specialty. This visa also has a numerical limit that has never been reached.
The Agreement between the United States, Mexico, and Canada ("USMCA") on trade provides for employment authorization (TN classification) for citizens of Mexico and Canada entering the United States to perform temporary work in certain "Professional Occupations" that are specifically included in the USMCA-List.
Treaty Traders and Investors
Nationals of certain countries that are party to a special treaty with the United States may receive an E-2 investor visa if the individual or his or her company invests a substantial amount of capital in a U.S. company. Similar to the E-2 visa, the E-1 (Treaty Trader) visa category is appropriate for citizens of special treaty countries who come to the United States to conduct substantial trade in goods, services, or technology, primarily between the United States and the treaty country. Executives, managers, and certain essential employees with the same treaty nationality as the company employing them may also qualify for an E-1 or E-2 visa.
International Entrepreneurs Can Apply for "Conditional Entry" into the United States
USCIS' International Employer Rule (IER) allows lawful entry into the United States and work authorization for a period of up to two and a half years for employees/co-owners of certain start-ups who have received qualifying investments or grants.
O-1 visas for people with extraordinary abilities or achievements
The O-1A category is for individuals with extraordinary ability in science, business, education, or athletics based on demonstrated and sustained national or international acclaim and who have an offer of employment from a U.S. employer in a capacity that requires extraordinary ability. The documentary requirements for this category are extensive. The O-1B category is available to individuals with extraordinary ability in the arts, or achievements in the film/television industry, as evidenced by meeting certain criteria. O-1B temporary workers are usually sponsored by an employer or petitioning agent.
Apprentice Visas
An H-3 apprentice visa might be appropriate if the goal is to obtain job-related training for the job that will ultimately be conducted outside the United States. Work-related training should generally not be available in your home country and should not involve substantial productive employment in the United States. The J-1 exchange visitor visa can be used to provide training to individuals with a foreign (non-U.S.) degree or professional certificate and at least one year of work experience. Individuals who recently graduate from a foreign college or university may alternatively qualify as J-1 interns.
Temporary assignment abroad
If your prospective employer maintains offices in more than one country, it may be worth asking if there are job opportunities outside the United States for which you may qualify. While abroad, your employer may pursue appropriate nonimmigrant visa options, such as those listed above, or may seek an L-1 transfer visa within the company after you have been employed abroad for at least one year in an executive, managerial, or specialized knowledge position. Note: Unless you return to your country of nationality, you may also need a work visa for the country you will be working in.
Green Card Sponsorship (Legal Permanent Residence) Through Employment
If none of the nonimmigrant options are right for you, it may be worth considering obtaining permanent resident ("green card") status either through a petition filed by a prospective employer or self-petitioned by you as an individual.