What Are Your Options if You Didn’t Win the H-1B Lottery?
The annual alarm for H-1B visa applications can often end in disappointment for many, as the highly competitive lottery makes securing a visa a challenging feat. However, all hope isn’t lost if you didn’t make the selection in the H-1B cap lottery this year. There are alternative pathways you might consider, including the L-1 visa for intracompany transfers, the O-1 visa for individuals with extraordinary abilities, and other specific options depending on your country and situation.
What is H-1B Concurrent Employment?
One effective but less known alternative is securing an H-1B concurrent employment position. H-1B concurrent employment allows foreign nationals to work for multiple employers in the U.S. under the H-1B status. This option opens up notably for those who can commence part-time or full-time with H-1B cap-exempt employers. These employers primarily include institutions of higher education, nonprofit entities affiliated with educational institutions, nonprofit research organizations, and government research organizations.
Can You Work for Two Different Employers on an H-1B Visa?
Yes, this is perfectly feasible under the H-1B regulations. For example, if a cap-subject employer, like a private corporate entity, wants to hire someone who already holds a cap-exempt H-1B status with a university or a nonprofit, they can! Here’s how it usually plays out:
Take Mikel, a Nigerian national teaching chemistry part-time at Tech State College after April 1, 2024. Even though he wasn’t selected in the H-1B cap lottery, Manufacturing, Inc., a cap-subject employer, can still hire him under the H-1B concurrent employment rule. This allows Mikel to work possibly up to 35 hours a week at Manufacturing, Inc., while continuing his teaching role for five hours a week at the college.
What Should You Consider Before Opting for H-1B Concurrent Employment?
Stability of Cap-Exempt Employment
Maintaining the cap-exempt employment is crucial as its termination could mean the end of your concurrent H-1B status with the cap-subject employer as well. This means if Tech State College terminates Mikel’s position, he might also have to stop working for Manufacturing, Inc unless he secures another cap-exempt status elsewhere.
Reasonable Work Hours
The collective working hours in both settings must be reasonable. USCIS won’t realistically approve petitions that accumulate impossible working hours weekly, ensuring no one holds two full-time H-1B roles concurrently.
This flexibility immensely benefits both the individual seeking extensive work opportunities and cap-subject employers eager to onboard foreign nationals not selected in the H-1B cap lottery.
How Can Employers and Employees Benefit From H-1B Concurrent Employment?
Both parties stand to gain significantly from this rule. Employers can tap into a broader talent pool, including those already in the U.S. but perhaps underutilized in cap-exempt positions. On the other hand, employees like Mikel benefit from enhanced job security and potentially higher earnings through multiple part-time roles or a mix of part-time and full-time positions.
If you’re an employer looking to explore this option, consider seeking legal guidance or consulting with immigration experts to navigate this complex area properly. For deeper understanding and legal implications related to concurrent H-1B employment, visit the U.S. Citizenship and Immigration Services (USCIS) website.
This situation not only showcases the versatility of the H-1B visa but also highlights innovative ways to harness the potential of global talent. By understanding and applying such provisions, both employees and employers can craft a mutually beneficial arrangement that maximizes productivity and enhances career growth opportunities for foreign nationals in the United States.
Learn Today:
Glossary or Definitions:
- H-1B Visa:
- Definition: A non-immigrant visa category in the United States that allows U.S. companies to employ foreign workers in specialty occupations that require theoretical or technical expertise. The H-1B visa is subject to an annual cap, making it highly competitive.
- L-1 Visa:
- Definition: A non-immigrant visa that allows companies operating both in the United States and abroad to transfer certain employees from foreign offices to U.S. offices. It is designed for intracompany transferees, including executives, managers, and employees with specialized knowledge.
- O-1 Visa:
- Definition: A non-immigrant visa for individuals with extraordinary ability or achievement in their field of expertise, whether in sciences, arts, education, business, or athletics. The O-1 visa is for those who have demonstrated a high level of expertise and prominence in their respective fields.
- Cap-Exempt Employers:
- Definition: Employers that are exempt from the annual H-1B visa cap and can sponsor H-1B applicants outside of the regular lottery system. This includes institutions of higher education, nonprofit entities affiliated with educational institutions, nonprofit research organizations, and government research organizations.
- Concurrent Employment:
- Definition: A situation where a foreign national holds multiple job positions concurrently with different employers in the U.S. under the same or different visa types. In the context of H-1B visas, concurrent employment allows individuals to work for more than one employer simultaneously, provided certain conditions are met.
This Article In A Nutshell:
Didn’t win the H-1B lottery? Explore alternatives like the L-1 or O-1 visas. Consider H-1B concurrent employment for part-time work with cap-exempt employers. Maintain stability and reasonable hours. It benefits both employees and employers, expanding talent pools. Legal advice is recommended. Embrace innovative ways to harness global talent in the U.S.
— By VisaVerge.com
Read More:
- Exploring Alternatives for Applicants Not Selected in the H-1B Lottery:
Discover Options Here -
Understanding H-1B Lottery Odds for Graduates with Day 1 CPT:
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What to Do Next if Not Selected in the H-1B Lottery on Day 1 CPT:
Next Steps -
How to Check Your H-1B Lottery Results: A Step-by-Step Guide:
Check Results Here -
Verification Guide for H-1B Lottery Submissions:
How to Verify
