Hiring F-1/OPT Workers in a Post-H-1B World

As H-1B lottery selections become less predictable, both employers and foreign professionals are finding new ways to stay on track toward permanent residence.

In today’s immigration landscape, the H-1B route is still available but far less predictable than it once was. Only 85,000 H-1B visas are available each year, while hundreds of thousands of registrations are submitted. Many professionals and employers are now exploring alternatives to build long-term immigration stability.

One approach gaining traction is hiring F-1 students on Optional Practical Training (OPT) and beginning the green card process early, rather than waiting for an H-1B selection.

Why Many Are Looking Beyond the H-1B
The FY 2026 H-1B lottery saw approximately 344,000 registrations, a decrease from recent years but still far more than the 85,000 visas available. For most first-time applicants, the chance of selection was around one in three.

The recent shift to a beneficiary-based registration system also changed selection dynamics, leading many to rethink their reliance on the H-1B program.

For talented graduates, especially from countries with shorter green card backlogs, this continues to create a major challenge.

F-1 students with OPT authorization can typically work for up to twelve months after graduation, or up to thirty-six months for STEM graduates. This work period creates an opportunity to begin the green card process while maintaining valid employment authorization.

Using OPT Time Strategically
Employers and professionals are increasingly using the OPT window to begin the PERM labor certification and I-140 immigrant petition.

A well-timed process might look like this:
Start employment during OPT. The individual can begin working once their Employment Authorization Document (EAD) is issued.

Initiate PERM early. The labor certification and I-140 process can take twelve to eighteen months or longer, so starting within the first six to twelve months of OPT is important.

File the I-140 and I-485 together when possible. For individuals from countries without green card backlogs, concurrent filing may allow continued employment while the green card is processed.

When This Approach Works Best
This strategy tends to work best for professionals from countries without long wait times in the EB-2 or EB-3 green card categories, such as Colombia, Chile, and many European nations. Those from India or China face longer delays, and timing must be evaluated more carefully, especially when relying on STEM OPT extensions or Cap-Gap coverage.

What to Keep in Mind
Start early. Beginning the PERM process soon after employment starts is essential to maintain work authorization continuity.

STEM extensions help. The additional two years of work authorization for STEM fields provide more flexibility.

Details matter. The PERM process is technical and heavily document-based, and even minor errors can delay certification.

Track the visa bulletin. Employment-based categories can move or retrogress, so regular monitoring helps with planning.

As this trend grows, planning early and seeking accurate information are becoming key parts of long-term immigration success.

Our Perspective
At Heckler Law Group, we continue to see employers and professionals adjust to the uncertainty of the H-1B process by planning for permanent residence earlier. With thoughtful timing and proper documentation, the green card process can serve as a strong foundation for long-term immigration goals.

Every case is different, and immigration agencies review applications based on individual facts. If you would like tailored guidance on your situation, we invite you to schedule a consultation with our office.