📉 Didn’t Get H-1B? These Options Keep You in the U.S. Legally

This Week’s Immigration News Highlights

• IRS Hands Over Tax-Paying Undocumented Immigrants Data to ICE

• Tom Homan: Deportation Should Run Like “Amazon Prime for Human Beings“

• White House Plans to Cancel Undocumented Migrants’ Social Security, Bank Accounts

H-1B Season Is Over... Now What?

Another H-1B season has come and gone - that high-stakes window when U.S. employers file petitions to sponsor skilled foreign workers for temporary employment. This year, over 400,000 registrations were submitted for just 85,000 available slots. For many, that means not getting selected in the lottery. While frustrating, it’s not the end of your U.S. journey. Here’s what you (or your client) can consider next:

Cap-Gap Extension
If you're currently on F-1 OPT and had a timely filed H-1B petition, you may be eligible for a cap-gap extension. This can extend your work authorization through September 30. But if your petition wasn’t selected, it ends fast.

O-1 Visa (Extraordinary Ability)
For professionals with strong portfolios - especially in STEM, the arts, or business - the O-1 visa is a powerful but often overlooked option. It’s challenging but doable with expert guidance and a solid record of achievement.

Change to F-1 (Student)
Returning to school can preserve your status. Changing your status to F-1 could buy time while keeping you in lawful presence. However, plan early: USCIS processing times for F-1 changes can be long and unpredictable.

B-2 Visitor Bridge
This option is a short-term solution that buys time if you're wrapping up affairs or waiting on another strategy. It’s not a work visa and must be carefully filed to avoid unintended consequences.

Attorney Insight: Evaluate whether the client is eligible for concurrent filing or premium processing alternatives in case other employment-based options are viable.

Status maintenance isn’t just legal, it’s strategic. If you're not selected, don’t wait until your OPT expires - plan now.

Send This to a Friend Who’s in Immigration Limbo

Whether you are a first-time filer or guiding clients through the maze, we have all seen these three moments trip people up. If someone comes to mind- a colleague, a client, a friend- forward this to them. One good share can save a lot of late-night Googling.

1. They Applied for an H-1B and Didn’t Get Picked
Not getting selected feels like a full stop, but it's really a pivotal point. There are still options: change to F-1 status, request a B-2 bridge, or explore the O-1 if they have a strong professional track record. Our first article this week breaks it all down.

2. They Got an RFE (Request for Evidence)
An RFE isn’t a denial, but it can be overwhelming. If your friend just got one, remind them it’s a chance to strengthen their case. Next week, we’ll break down the do’s and do n’ts of RFEs.

3. They’ve Had a Green Card for Years but Haven’t Naturalized
It’s more common than you think. Life gets busy, but naturalization opens doors and prevents future headaches, especially when traveling or sponsoring family. If they’ve had a green card for 5+ years (or 3 if married to a U.S. citizen), it might be time.

Know someone caught in one of these moments? Hit forward. You might be why they finally get the clarity they’ve been Googling for.

And We Come to a Close.

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Also, if you’d love my expertise as an immigration attorney, feel free to book a call with me.

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Finally, visit our Custom GPT Immigration Law Expert Shelly: an AI chatbot designed by The Notice to All Team. AI Shelly has all the answers to your immigration questions (not a replacement for professional consulting, though. AI isn’t that good)!

Navigating immigration setbacks like missing out on the H-1B lottery or receiving an RFE can feel daunting, but there are still strategic options available to stay on track. Whether it’s pursuing an O-1 visa, switching to F-1 status, or bridging time with a B-2, informed action - not panic - can make all the difference.

Until next time, enjoy April! 🌸