International students studying in the United States are eligible for temporary employment authorization (OPT and STEM OPT) as a benefit of their F-1 visa. However, this employment benefit is limited to one year of OPT for non-STEM field degrees and a total of three years for those holding STEM degrees. This poses a challenge for international students seeking long-term employment in the United States.
The H-1B visa is presently the most prevalent type of temporary work visa for highly skilled foreign nationals. The H-1B visa, considered a dual-intent visa, also allows for the eventual transition to permanent residency for foreign nationals seeking to immigrate permanently to the United States. While the H-1B is a great option for foreign nationals to gain (or extend) employment authorization in the United States, it is a highly competitive process for those seeking employment at cap-subject employers. For the 2024 H-1B lottery year, the selection rate for the lottery was approximately 11%.
This creates an atmosphere of tension, uncertainty, and anxiety for many international students thinking about their next steps following OPT; Many wonder about how to best increase their odds of selection and when the optimal timing to apply for an H-1B is, along with the inevitable question of what to do if they are not selected for the H-1B lottery. All these questions and concerns are conversations that immigration officers at universities navigate consistently.
The reality is that there are a few things that students can do to better their H-1B lottery chances. For example, receiving a Master’s degree will help improve the odds of an H-1B selection as it will make the student eligible for the 20,000 H-1B slots reserved for U.S. advanced degree applicants.
Beyond receiving an advanced degree, students can also be strategic about which companies they work for and when they begin requesting that the company attempts H-1B sponsorship. For example, larger companies will have greater legal resources available to assist with the H-1B filing process. Access to strong legal representation can be very beneficial for H-1B applicants to ensure a strong H-1B petition packet. Entering the lottery during their first year of OPT employment will allow students the opportunity to participate in the lottery in subsequent years, should their petition not the selected during their first cycle. This can increase their chances of a selection and likelihood of an H-1B approval by the time their OPT period expires.
Another option that some students choose to pursue is to seek employment with cap-exempt employers, meaning that employers can apply for an H-1B petition on behalf of an employee at any time of the year and do not need to enter the lottery system. While this option is an appealing option to circumvent the H-1B lottery system, cap-exempt employers often will require an advanced degree and often have a lower compensation than cap-subjected companies.
Denise Robb is the Director of Immigration at the University of South Alabama. She can be reached at drobb@southalabama.edu.
All of the content mentioned herein represents the individual opinions of the author or authors, but none of it should be taken as legal advice. All content is provided freely and without any warranties, guarantees, or liabilities. In no event shall the writers or providers of this content be liable for any damages or other liability resulting from the opinions shared herein.