This year’s H-1B lottery attracted 780,884 applicants for 85,000 available spots.  The USCIS emphasizes   that multiple employers submitted entries for the same person.  Granted, this does not maximize opportunity for entrants. Nonetheless, there were 350,103 eligible registrations with only a single employer, which still far exceeds the number of visas available.  So, when all the earnest discussion about preventing multiple registrations is over, “the problem remains the low annual H-1B limit… The attention given to multiple registrations may lead to overlooking the larger issue.”  Well put, Forbes Magazine.

Perhaps as a result of foreknowledge, on December 22 USCIS published “Options for Nonimmigrant Workers Following Termination of Employment.”  Most relevant to those not selected in the H-1B lottery are filing a self-sponsored Green Card petition concurrently (NIW, EB-1A, EB-5) or filing for a change of nonimmigrant status.  We at Immigration Law Associates have had success securing O-1 – instead of H-1B - visa approvals for some clients.  Other possibilities would include dependent status (e.g., H-4, L-2) or student status (F-1). Authorization for full- or part-time employment is available in several of these categories.

More recently USCIS went on a Twitter spree emphasizing that those in B-1 or B-2 visitor status may search for employment and interview for jobs.  These visas allow the beneficiary up to a year in the U.S. However, as “B-1 and B-2 nonimmigrant visitors are specifically precluded from ‘performing skilled or unskilled labor,’” the individual would have to change status prior to beginning work.  Furthermore, USCIS’ tweets aside, the officer reviewing a request to change status to B-1/B-2 might deny it based on a perception there was immigrant intent.   

Given the risks and uncertainties in any of these options, the soundest course of action would be to consult your immigration attorney.