The H-1B Lottery: What’s Next?
As the H-1B lottery results roll in, many foreign nationals find themselves facing a pivotal moment—either preparing for the next steps in their H-1B process or exploring alternative visa pathways.
Whether you were selected or not, it’s important to understand your options and plan ahead.
If You Were Selected
1. File Your H-1B Petition
Coordinate with your employer and legal team to prepare and file the full petition, including a certified Labor Condition Application (LCA) and supporting evidence.
2. Consider Premium Processing
For a faster decision, you may opt for premium processing—USCIS will adjudicate your case within 15 business days for an additional fee.
3. Track Your Case Status
After filing, USCIS will review your petition. If approved, your H-1B status can begin as early as October 1.
4. In Case of a Denial
If your petition is denied, you may have the option to appeal or reapply in a future cycle.
If You Were Not Selected
There are still viable paths to work or remain in the U.S. legally. Options may include:
• Cap-Exempt H-1B: Positions with universities, non-profit research institutions, or certain affiliates are not subject to the H-1B cap.
• L-1 Visa: For intra-company transferees with at least one year of prior employment abroad.
• O-1 Visa: For individuals with extraordinary ability in fields such as science, tech, business, or the arts.
• TN Visa: For eligible Canadian and Mexican professionals under the USMCA (formerly NAFTA).
• F-1 STEM OPT Extension: For recent grads with STEM degrees seeking additional work authorization.
• Other training or investor visa options may also apply depending on your profile.
In addition to exploring other visa types, consider:
• Reapplying in next year’s H-1B lottery.
• Seeking employment with a cap-exempt employer.
• Gaining additional credentials, experience, or qualifications to strengthen your profile.
The Current Immigration Landscape
With President Trump back in office as of January 2025, U.S. immigration policy is already experiencing notable shifts. His administration has reintroduced stricter enforcement measures and is taking steps to reduce legal immigration, including reevaluating work visa programs like the H-1B.
Key changes may include:
• Increased scrutiny of H-1B petitions and more RFEs (Requests for Evidence)
• Potential reductions in the annual H-1B visa cap
• Greater enforcement of eligibility criteria and employer compliance
• Policy changes impacting OPT, STEM extensions, and other nonimmigrant categories
Need Help Navigating Your Options?
Our team is here to guide you through next steps — whether it’s filing your H-1B petition or identifying a strong alternative visa path. Schedule a free case evaluation or reach out to our office to discuss your options.
Heckler Law Group is ready to guide your company through the detailed nature of U.S. immigration to ensure a smooth process. Get started by requesting a free case evaluation, and our team will contact you promptly.
This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.