Other Immigration Topics Attorney in Cambridge, Massachusetts

What are the options for those not chosen in the H-1 B lottery?

Cambridge, MA immigration lawyer Michael Haven explains how he can help clients who were not chosen in the H-1 B lottery.

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00:00
[Music]
00:03
for those not selected in the h-1b
00:06
lottery we’re always looking for other
00:10
options for them you know oftentimes
00:12
we’re dealing with clients who may be
00:16
the CEO of their business they may have
00:19
received venture funding and they’re at
00:21
a critical stage where the life of a
00:25
business depends on them staying in the
00:27
US and being able to generate more
00:30
funding generate more clients whatever
00:33
it might be so the stakes can be pretty
00:35
high and when you are not selected in
00:38
the h-1b Lottery if that is your plan a
00:40
then finding a plan B can be challenging
00:44
and very stressful for clients but there
00:47
are other options we just sometimes have
00:50
to get a little bit creative and they’re
00:53
not always going to be the ideal
00:54
situation but they’ll allow at least a
00:57
bridge to the next year’s h-1b lottery
01:00
where they could try again and apply and
01:03
see if they’re chosen in the subsequent
01:05
year so some of those options are an
01:08
h-1b cap exempt petition and that is a
01:14
petition that involves a sponsor who is
01:17
an institution of higher education or a
01:20
nonprofit that’s affiliated with an
01:23
institution of higher education or a
01:26
government research organization now
01:28
it’s not always easy to find one of
01:31
these that’s willing to hire you that
01:33
you have a relationship with so if that
01:35
isn’t in the cards then we can look at
01:38
things like oh one visas for
01:41
extraordinary ability or we could look
01:43
at a TN visa if the applicant happens to
01:47
be from Canada or Mexico
01:49
perhaps in L visa which is an intra
01:53
company transferee so if your company
01:56
has a foreign entity anywhere in the
01:58
world you could go work for that entity
02:02
abroad or you can simply work just
02:05
abroad in any country remotely for that
02:08
for that entity and after you’re out for
02:11
a year in either
02:13
managerial or a position of specialized
02:16
knowledge then you can petition the
02:20
government to come back as a transferee
02:22
of that company to work in their US
02:25
affiliate or subsidiary or parent
02:28
company whatever the corporate
02:29
relationship is so that’s not ideal
02:31
often because people really want to stay
02:33
in the US to keep working or get their
02:36
business going whatever it might be but
02:37
sometimes it’s it’s the only option
02:39
another potential is what’s called an f1
02:43
CPT or curricular practical training and
02:46
that is where you might go back and get
02:49
a masters degree at a program that will
02:52
allow you to work immediately upon
02:55
enrolling so you’re working in
02:57
conjunction with your coursework in a
02:59
field in the field in which you’re
03:01
studying it allows people to both study
03:05
and work at the same time and continue
03:07
in their field and then hopefully make
03:10
it to next year’s lottery where they can
03:11
reapply again there’s also a j-1 visa
03:15
which is more of a training program
03:17
those are less ideal a little more
03:20
difficult to set up but there are
03:23
organizations that we can guide you to
03:25
that help you with that process these
03:29
options that we can provide for our
03:31
clients are really really important not
03:34
just for those that may be starting
03:37
their own company or are in the process
03:39
of getting funding for a company but for
03:42
all immigrants who wish to continue to
03:46
work in the United States and not have a
03:49
period of time where they are forced to
03:51
go back to their countries and sort of
03:53
break the progression of their careers
03:56
it doesn’t always work out but I think
03:59
that the majority of time we’re able to
04:02
find another solution to at least
04:04
attempt and see if it goes in a positive
04:07
direction as we speak the Immigration
04:11
Service doesn’t offer an overwhelming
04:15
amount of options for non immigrants who
04:19
wish to work in the u.s. so within the
04:22
framework that we have we really have to
04:24
stay creative
04:25
and not say no to any options we really
04:28
have to keep an open mind and our we
04:31
have to convince our clients to keep an
04:32
open mind in order to really provide the
04:35
best service for them
04:36
[Music]

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