What should I do if I can't get a h1-b work visa in the United States?

H1-B was not selected, what should I do?

1. You can continue to maintain your F1 student status and study for an additional degree.

an extra degree can make applicants more competitive in the workplace. Undergraduate students who continue to study for a master's degree can get extra OPT after graduation. Those who have a master's degree will not enjoy another master's degree. Therefore, it is necessary to make a little arrangement in time. It is best to get a job before the master's degree and negotiate with the employer about the application for a work visa. After graduation in autumn, you can start working immediately after the H1-B work visa takes effect. You can actively look for off-campus internships and strive to become a full member during your master's degree. During the internship, you need to apply to the school for CPT (another work permit).

After your existing OPT ends, if you think you want to continue your studies in a certain professional direction, you can apply for a new school and continue to work with CPT, so you can work and study at the same time. However, in principle, CPT can only have 2 hours per week at most. If your school allows full-time CPT, be careful, it may be playing the edge ball. You can also apply for H1-B during CPT.

However, if you get an undergraduate or master's degree in the United States, you should pay special attention to choosing a school. If you choose a language program to continue your studies, you may be suspected of the real purpose of your studies when you re-enter the United States after returning to China halfway. For example, high flyers friends of Ivy League don't recommend choosing a language school in China City to continue their studies.

Here, I would like to remind the majority of students not to covet cheap tuition fees and enter unknown technical schools. Many sub-schools do not have F1 visas for students. At present, the US government has stepped up its crackdown on such schools, and many students may suddenly lose their legal status and be forced to leave the country.

2. STEM professional partners can apply for OPT extension and continue their work.

enviable and jealous STEM friends! OPT with a 12-month +17-month extension can have at most three chances to draw H1-B lots. Even if it fails to catch up with the first time, it can have a second or even a third draw.

it should be noted that when applying for extension, it must be the company of E-Verify, and you must work in the company of E-Verify in order to maintain the OPT status during the extension stage.

3. Students with spouses can change to F2, H4 or O3.

I need to remind you that most spouses do not have a work permit, so you need to find out whether you can work legally before working. The work permit of spouse identity visa is subject to many restrictions.

the news that H4, the spouse of H1-B holder, is allowed to work has made many people happy for a while, and other common types of work visas also have categories that can allow work. In addition, even if you don't work, you may continue to study:

F2 holders can't study full-time or part-time, but they can take some interest classes;

H4 holders can work after H1-B holders' green card applications are approved, or after 6 years' extension;

J2 holder can work if the identity of J1 holder is valid;

L2, the spouse of L1, a multinational manager, can work in the United States;

the spouse O3 of p>O1 holder can't work, but she can study full-time or part-time.

4. Find H1-B units that are not subject to quota restrictions during the legal residence period, so that you can submit H1-B applications at any time.

There are the following categories of employers who can apply for H1-B for employees without quota restrictions:

Universities (including all positions, not limited to professors, etc.);

Non-profit organizations affiliated with or related to universities;

non-profit scientific research institutions;

government research institutions.

If you can find jobs in the above categories of employers, you can submit an H1-B application at any time, so you don't have to compete with thousands of troops for only tens of thousands of places. In this way, you don't have to wait until April 1 every year to submit your application. And you can get the result as soon as 15 days after applying.

5. If you meet the relevant conditions, you can consider other types of work visas: O1 or L1.

For many talented people, they can find another way and choose the O1 visa that few people apply for as a way to stay in the United States. Immigration has relatively high requirements for O1 visa applicants. Simply put, it requires the applicant's special talents or expertise to reach the leading level in the field, and has won awards and published achievements.

In addition, it is easier for O1 holders to apply for the EB1A green card for outstanding talents. The EB1A green card is not scheduled, and it can be passed in 15 days at the earliest. This is much faster than when H1-B holders need to wait 3-4 years to apply for EB2/EB3 green cards.

L1 visa is a kind of visa chosen by many foreign employees working in multinational companies, and it is also very suitable for students who have their own operating companies at home. As long as you have worked in a subsidiary (parent) company outside the United States for at least one year in the past three years and registered a branch in the United States, you can consider applying for an L1 visa. There is no quota limit or minimum wage requirement for L1 visa, and the company can apply for employees at any time. Best of all, you can apply for EB-1C green card directly as long as your company has been operating in the United States for one year!

In addition, L2, the spouse of L1 visa holder, can legally work in the United States. This is slightly different from H1-B. Only after the holder of H1-B's green card application is approved can H4' s spouse work. After L1 takes effect, L2 spouses can legally work in the United States.

6. directly choose the green card that suits your situation and apply.

one step at a time, why not? There are more than 2 ways to apply for a green card. You can apply directly according to your own situation. Common types of green cards are as follows:

EB5 investment immigration green card:

Investment immigration is the least worrying of all immigration methods. After investing at least 5, US dollars, you can get a temporary green card in about one and a half years, and you can apply for a permanent green card in about two years. In addition, investment immigrants do not have any hard requirements for investors.

EB1 outstanding talent green card:

If you have a skill, then EB-1A outstanding talent may be a very suitable immigration route for you. The specialty here is not an academic requirement. If you can embroider, martial arts, sing and so on, and your skill value reaches the leading level in the industry, you can immediately come to Xiao Niu to make a professional evaluation for you. There is no quota limit for EB1 green cards, and they can be taken with the application, which is economical and fast.

from the academic perspective-EB-1B distinguished professors and researchers are green card categories for distinguished professors and researchers in a specific scientific or academic field who enjoy international reputation.

unlike EB-1A, EB-1B needs the support of employers. In many cases, this kind of green card is proposed by scientific research institutions or higher education institutions for employees.

the EB-1C green card for multinational executives is similar in nature to the L1 work visa, and the applicant who has been approved for the EB-1c visa is eligible for permanent residency in the United States. Applicants can apply for EB-1C green card directly as long as the subsidiaries (parent companies) of multinational companies have been operating in the United States for more than one year.

green card for relative immigration:

If you have immediate family members who hold green cards or American citizens, you can obtain permanent residency in the United States through relative immigration. The most common marriage green card is to apply for permanent residency in the United States through the spouse's green card or citizenship, and there are also immigration methods for relatives such as children of green card holders and citizens' parents.