This year, the H-1B pre-registration period closed on March 25. USCIS made a public announcement on March 30 that it had completed the lottery. Each registrant can now find out the status of their registration on the USCIS online system, which will show one of the four statuses:

1. Selected: The employer may file an H-1B petition for the beneficiary beginning April 1.

2. Submitted: The beneficiary was not chosen in the initial selection, but the beneficiary will

remain in consideration for additional lotteries if USCIS does not receive enough complete H-1B

petitions.

3. Denied: This status indicates there were multiple registrations submitted by or on behalf of the same registrant for the same beneficiary.

4. Invalidated-Failed Payment: This status indicates failed payment of the registration fee.

Additional Lottery Possibilities

Pre-registration was first implemented in 2020, and so we can refer to 2020 as to what may come. Last year, USCIS conducted a second lottery in August because it did not receive sufficient H-1B petitions during the 90 day submission period from 04/01 through 06/30.

As not everyone who is selected will submit a petition, we believe a second lottery is a possibility. If so, the lottery may occur around August as the initial submission period closes on 06/30 and USCIS will have completed counting around that time.

Other Visa Options

The Green Card

If the employer has a long-term hiring plan for the beneficiary, beginning the green card case right away may help to reduce any work authorization gap. The green card process itself does not provide any employment authorization or lawful stay, and so it is important to plan it along with other temporary options.

O-1 visa

This visa is available to foreign nationals who have ‘extraordinary ability’ in their field as demonstrated by ‘sustained national or international acclaim’. The standard is high. Therefore, it would be important to comb through an updated C.V. of the beneficiary and check if supporting evidence exists.

CPT Program

CPT (Curricular Practical Training) is training (any alternative work/study, internship, cooperative education, or other type of required internship or practicum) that is necessary to complete a degree program. Not all degree programs will offer CPT; it is most commonly available in practical courses and gives international students authorization to gain employment training and to work in paid internship positions. Just as in looking for any academic program, the beneficiary must be careful to choose a legitimate program while looking for a CPT opportunity.

J-1 Intern or Trainee Visa

This is a visa that allows participants to engage in intercultural training that will help them build new skills for their future careers. The beneficiary must have completed at least one post-secondary degree outside of the US. Also, if the beneficiary has recently been in the US, J-1 agencies may enforce 90 days stay outside the US after his/her OPT expiration date.

H-3 Trainee Visa

This is a training visa that allows a foreign national to receive temporary training in the US that is not available in their home country. The preparation/execution is quite extensive and elaborate as USCIS demands a very detailed training program.

In Summary

Aside from all these options, the employer can pre-register the beneficiary for an H-1B the following year, if needed. The beneficiary also has the option to return to his/her home country and apply for an H-1B visa next year while abroad. All the above should provide a range of possibilities for the employer and beneficiary. If further discussion is desired, please contact us to arrange a consultation.

2021-03-31

Copyright. Judy J. Chang, Esq. All Rights Reserved. 03/31/2021

The information contained in article is provided for general information only and should not serve as a

substitute for legal advice.