Can an Employer File a New H1B Petition for You if You Didn’t Get Selected?

Yes, if you were not selected in the H-1B lottery, your employer can file a new petition for you in the subsequent year's lottery. Each year, employers are allowed to submit new H-1B petitions for candidates, regardless of whether they have previously applied. However, certain conditions must be met, and the employer must prove that the position qualifies for H-1B sponsorship.

Process of Re-applying for H1B

The process of re-applying for an H-1B visa does not necessarily depend on the outcome of the previous year's lottery. Each application is considered separately. This means that if you did not get selected in one lottery, you can still apply in the next one. This creates a window of opportunity for both you and your employer to have another chance during the next fiscal year.

Procedures for Re-applying H1B

Your employer can re-file a new petition for you if they still wish to sponsor you, and you meet all the eligibility requirements. This includes proof of your eligibility, the position being suitable for H-1B sponsorship, and the employer being a valid entity to file for an H-1B visa.

OPT and STEM Extension Benefits

The Optional Practical Training (OPT) and STEM extension (2 years) programs can be particularly beneficial if you are currently outside the United States. These visa statuses allow you to work for your employer while you wait for the next lottery, providing a continuous employment opportunity.

Key Points to Remember

- You can re-apply each year independently, just like the DV Lottery. If you don't win one year, you can still try again the next year.

- A new petition is not "for you" but for the position and the employers needs. The employer must prove that you are the most qualified candidate.

- Overseas, it can be challenging to maintain an employer's interest for an entire year, but the lottery process allows for this flexibility.

- Employers can apply for H-1B visas for you even if you are not currently employed with them. This is known as a prospective employer scenario, where the employer is interested in employing you in the future.

Conclusion

The H-1B lottery system, while challenging, provides a renewed opportunity each year for candidates and employers to secure the visa. It is crucial to understand the various steps and eligibility requirements to increase your chances of success in future applications.