California Immigration Attorney Justin G. Fok Discusses H-1B Lottery Alternatives

The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a Bachelor’s degree or higher in the specific specialty, or its equivalent. However, on May 16, 2018, the United States government completed its H-1B cap selection and has begun to mail rejection notices to those who did not make the H-1B lottery.

“Roughly 200,000 petitions are sent in for only 85,000 spots,” said attorney Justin G Fok, who focuses on immigration law. “A frequent inquiry we receive now is ‘I was not selected. Where do I go from here?’ While it is certainly disheartening to learn that you were not selected for H-1B this year, there are alternatives that many clients don’t know about.”

One of the most popular options is the O-1 visa, which is for people who are extraordinary in their fields, such as artists, entertainers, athletes, scientists, researchers, and business individuals. “While the criteria to qualify can be difficult, many candidates who are qualified don’t think to explore this option because O-1’s are not well-known as H-1B’s,” stated Fok.

Another alternative is to work for a “cap-exempt” H-1B employer. Such employers can be institutes of higher learning such as colleges or universities, or non-profit research institutions. “If an employer is considered “cap exempt” they do not use any 85,000 allotted visas once you are hired on H-1B, and thus you can work for your employer without needing to wait for the cap or go through the lottery system,” noted Fok.

Another alternative is the J-1 trainee visa. This visa is designed for students of all academic levels, trainees obtaining on-the-job training, teachers of primary/secondary/specialized schools, professors teaching or doing research at institutions for higher learning, and research scholars and trainees in the medical field/allied fields.

“There is roughly a 40% chance of being selected for an H-1B,” concluded Fok. “For those who didn’t make it, it’s really heartbreaking because then they might not have a way to stay or work in the United States. Looking into H-1B alternatives is certainly something all rejected H-1B candidates should explore.”

About Justin G. Fok, The Law Offices of Justin G. Fok 
Justin G. Fok specifically focuses on employment and investment-based immigration. Practice areas of The Law Offices of Justin G. Fok include immigration and pre-immigration tax planning. For more information, please call (415) 780-9068 or visit http://www.jfoklaw.com.

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