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FOREIGN STUDENTS NOT SELECTED IN H1B CAP LOTTERY STILL HAVE OPTIONS

 

In recent years, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program whereby a randomized lottery determines which applicants will be eligible for H1B cap petitions. The initial selection process for fiscal year 2022 has now come to an end. If your name was not selected in this lottery, what can you do?

What you should know about L-1 visas

The L-1 visa program has been invaluable for multinational businesses. It’s important to understand how this program can benefit your business and to understand some of the challenges the program is currently facing.

Who is the L-1 visa for?

The L-1 visa is a temporary visa for workers who are coming to a U.S. office of a multinational business. It enables employers to bring workers to the United States if they have been employed abroad for at least one year. The program is limited to executives, managers, and workers possessing specialized knowledge. The worker who is granted a L-1 visa may also bring along their spouse and minor children.

How long does a worker’s status last under the program?

A L-1 visa is good for five to seven years. A worker is free to travel and reenter the U.S. multiple times. It may be possible to seek an adjustment to immigration status if a situation changes.

Are there caps on numbers?

Unlike many other visa programs, there are no caps on how many L-1 visas may be issued in a given year. The purpose of the program is to enable multinational companies to perform their functions as smoothly as possible. A limit on numbers would likely have a negative impact on this purpose.

Should you anticipate any changes to this program?

The current presidential administration has adopted a hard line stance when it comes to immigration issues. There has been some talk of making changes to the L-1 visa program. However, at the moment this is just talk. As is often the case with immigration law, the situation is fluid. A skilled professional can walk you through the L-1 visa application process and help identify any pertinent issues you need to be aware of.

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