by John Moran, Enterprise Account Executive at VISANOW

As of April 5th, 2013, the USCIS reached the statutory H-1B visa cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. On April 7th a lottery was conducted to determine which petitions among the roughly 124,000 received would be selected for acceptance.

From this information we can assume that roughly 59,000 H-1B visa applications will ultimately be denied and returned to sender. As we enter the month of May, some VISANOW clients and delighted foreign national beneficiaries are reporting issuance of the USCIS’ formal Receipt Notice, indicating their petition will be accepted. As we at VISANOW continue to receive such notices, we continue to proactively notify the lucky chosen.

What about those not notified of selection in the 2013 H-1B visa lottery? Should the deafening silence from the USCIS yield a collective cry of despair? Our short answer: No.

We certainly understand and appreciate the frustration inherent in the H-1B lottery system, and we want each of the 59,000 petitioners awaiting final determination is aware of their immigration options moving forward.

H-1B Visa Alternatives for Individuals

Here is an in-depth overview and explanation of the various alternatives available to denied H-1B seekers. The most common H-1B visa alternatives include the L-1A/B, H-2B, E-3, TN, E-2, and H-1B1 (Chile/Singapore) categories of work visas. B-1 business visas may also provide adequate coverage for clients needing to travel to the U.S. while awaiting a new filing for a non-immigrant work visa. Finally, many past clients have met H-1B cap-closure with success by taking the chance to pursue Permanent Residency/Green Card status for employees missing the ˜cap.’

Special H-1B Visa Alternatives for Students

Options for students transitioning into the working world include F-1/OPT STEM Extensions for up to 17 months of additional OPT work validity OR F-1 OPT ˜Cap Gap’ status to maintain status while awaiting receipt of an H-1B visa. Finally, a J-1 program can be a great option for those eligible, and VISANOW can direct you towards establishment of a J-1 program through our dedicated partner.

If you or your employee was unable to obtain a space in this year’s H-1B visa cap, there are options available.For more information please call us at 855-VISANOW (847-2669).