The H-1B Visa as a Potential Alternative
Navigating U.S. immigration law is complex for most, but can be particularly challenging for individuals in the U.S. under Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), or parole (such as the U4U, CHNV, Family Reunification Parole programs). While these programs may offer some level of temporary protection and ability to work in the US, they do not provide a long-term strategy or a pathway to a green card. Especially in the current political climate, it is increasingly important to consider whether individuals with DACA, TPS, or parole may have options for an alternative (or additional) immigration status. To that end, the upcoming H-1B Cap lottery, running from March 7th to 24th, presents a valuable opportunity for those who may be eligible.
Exploring options like the H-1B visa is crucial for those seeking greater stability than the deferred action, TPS and parole programs currently provide. The H-1B is a nonimmigrant classification for professional workers sponsored by a U.S. employer. For an H-1B, the job must require at least a bachelor’s degree in a particular field of study related to the occupation, and the foreign national employee must have completed that related degree (or, a combination of education and experience equivalent to the related degree). As for the process, the U.S. employer must first register the foreign national employee in the H-1B Cap lottery which occurs in March. Selection in the lottery is a randomized process and will occur at the end of March. If the foreign national’s registration is selected, the employer may file an H-1B petition on behalf of the foreign national between April and June for an employment start date no earlier than October 1st.
Given the time-sensitive nature of the H-1B Cap lottery, our office’s deadline for initiating new cap registration cases is February 28th. If you are interested in pursuing an H-1B, please contact our office immediately for a consultation to see if you may qualify for an H-1B or another immigration benefit. We can assess your eligibility, navigate the complexities of your case, and help you take proactive steps towards securing your future.
