Cayer LawCayer Law2026-10-19T23:55:32Zhttps://www.cayerimmigration.com/feed/atom/WordPress/wp-content/uploads/sites/1103996/2024/08/cropped-CayerLaw-site-icon-32x32.pngOn Behalf of Cayer Law<![CDATA[The Growing Middle Ground in U.S. Immigration Law]]>https://www.cayerimmigration.com/?p=481032026-10-19T23:55:32Z2026-10-19T23:55:32ZIf someone has an Employment Authorization Document but is not a green card holder and does not appear to be here in one of the traditional temporary visa classifications, what exactly is their legal situation?
The answer illustrates how much more complex U.S. immigration law has become over the course of my career.
The Traditional Framework
When I began practicing immigration law 30 years ago, the basic framework seemed relatively straightforward. Most foreign nationals who were lawfully in the United States fell into one of two broad categories.
They were either:
Nonimmigrants—individuals admitted temporarily under classifications such as H-1B, L-1, F-1, B-2, or TN; or
Lawful permanent residents—individuals who had obtained a “green card” and were authorized to live and work permanently in the United States.
There were always exceptions. Temporary Protected Status, for example, has existed since 1990, and other humanitarian or discretionary protections also predate many of the current programs.
What has changed is not that this middle ground suddenly appeared. Rather, it has become a much more visible and significant part of the immigration system.A Growing Middle Ground
Today, many foreign nationals are lawfully present, protected from removal, or otherwise authorized to remain in the United States without fitting neatly into the traditional categories of nonimmigrant or lawful permanent resident.
They may have permission to remain for a limited period, protection from removal, employment authorization, or some combination of those benefits. They may live and work in the United States for many years without holding a traditional nonimmigrant classification or permanent resident status.
Examples include individuals who have:
Temporary Protected Status;
Deferred Action for Childhood Arrivals;
humanitarian parole;
a long-pending asylum application;
a pending application for adjustment of status; or
another humanitarian, statutory, or discretionary form of protection.
These categories should not be treated as interchangeable.
Some confer a recognized immigration status. Some do not. Some provide protection from removal. Some authorize employment. Some merely allow a person to remain while an application is pending. Some may eventually lead to permanent residence, while others provide no direct path to a green card.
The legal consequences vary considerably.
Why the Distinctions Are Difficult to See
From the outside, many of these situations can look almost identical.
A person may have an Employment Authorization Document, a Social Security number, a driver’s license, a full-time job, and many years of residence in the United States. Friends, relatives, and employers may understandably assume that the person has a temporary immigration status or a green card.
That assumption may be incorrect.
Employment authorization, lawful status, authorized stay, parole, deferred action, and protection from removal are related concepts, but they do not mean the same thing.
An Employment Authorization Document tells us that the person is authorized to work. It does not, by itself, tell us the person’s immigration status, whether the person may travel, whether the person has a path to permanent residence, or how secure the person’s ability to remain in the United States may be.
Why the Middle Ground Has Become More Prominent
There is no single government statistic measuring this “middle ground” because it is not a formal legal category. It includes a collection of different programs, protections, and pending applications.
Nevertheless, the number of people living under these arrangements is substantial. Temporary Protected Status, DACA, humanitarian parole programs, pending asylum applications, and long-pending adjustment applications collectively involve millions of people.
Some of this growth reflects the creation or expansion of humanitarian programs. Some reflects the increasing use of parole and deferred action. Some reflects the extraordinary length of time required to adjudicate asylum, adjustment, and other immigration applications.
Whatever the cause, the practical result is the same: a growing number of individuals live and work in the United States for extended periods in legal circumstances that do not fit comfortably within the traditional temporary-status-or-green-card framework.
That is an observation, not a judgment about whether any particular program is wise or unwise. Each program arose in response to different legal, humanitarian, or administrative circumstances. The point is simply that, taken together, they have made the immigration system significantly more complicated.
Why This Matters
These distinctions have real consequences.
Whether someone may travel internationally, change employers, qualify for permanent residence, sponsor family members, or remain in the United States depends on the specific legal basis for that person’s presence—not merely on whether the person has an EAD or a Social Security number.
Two individuals may both be authorized to work and may appear to be in nearly identical situations, yet have very different rights, risks, and long-term immigration options.
For employers, the same complexity can make it difficult to understand the basis and duration of an employee’s work authorization. For individuals and families, it can create uncertainty about what a temporary protection or pending application actually means for the future.
The Bottom Line
The traditional framework—that most foreign nationals lawfully in the United States were either here temporarily in a nonimmigrant classification or had a green card—no longer describes every situation encountered in modern immigration practice.
The middle ground is not entirely new. What is new is its size, visibility, and importance.
Today’s immigration system includes a growing number of temporary protections, humanitarian programs, pending applications, and discretionary arrangements that allow individuals to remain, work, or receive protection without placing them squarely within the traditional categories.
Understanding those distinctions has become essential. An Employment Authorization Document, a Social Security number, or many years of living and working in the United States may tell only part of the story.
The more important question is:
What is the precise legal basis for the person’s presence in the United States, and what rights and limitations follow from it?]]>On Behalf of Cayer Law<![CDATA[Are More Naturalization Applications Being Denied? What Green Card Holders Should Know]]>https://www.cayerimmigration.com/?p=481012026-09-14T08:05:09Z2026-09-14T08:05:09ZRecently, I have heard from lawful permanent residents who are worried about reports on social media that more applications for U.S. citizenship are being denied.
Unlike many rumors circulating on social media, there is some factual basis for this concern. Recent data indicate that naturalization denial rates have increased, while U.S. Citizenship and Immigration Services (USCIS) has also adopted policies calling for more intensive review of applicants for citizenship.That does not mean that permanent residents should be afraid to apply for citizenship. It does mean that applicants should understand that naturalization is an important legal proceeding and that USCIS will look at more than whether an applicant can pass the English and civics tests.
Are N-400 Denial Rates Really Increasing?
Yes, according to an analysis of USCIS data by the National Foundation for American Policy (NFAP).NFAP reported that the denial rate for Form N-400, Application for Naturalization, increased from 8.3% in May 2024 to 18.1% in May 2026. The increase became particularly pronounced in late 2025 and early 2026.At the same time, naturalization processing has slowed considerably. USCIS's own historical processing data show that the national median processing time for non-military N-400 applications increased from 5.0 months in fiscal year 2024 to 5.6 months in fiscal year 2025 and approximately 7.1 months in fiscal year 2026 through June 30.These statistics deserve attention, but they should also be kept in perspective. A higher denial rate does not tell us why individual applications were denied. Naturalization applications can be denied for many reasons, including failure to establish eligibility, criminal or immigration issues, failure of the English or civics examination, or failure to respond properly to USCIS.The statistics therefore do not establish that USCIS is simply denying otherwise approvable applications. They do, however, confirm that applicants are facing a more challenging adjudication environment.
USCIS Has Changed Its Approach to “Good Moral Character”
One particularly important change occurred on August 15, 2025, when USCIS issued a policy memorandum entitled “Restoring a Rigorous, Holistic, and Comprehensive Good Moral Character Evaluation Standard.”Good moral character has always been a requirement for naturalization. Traditionally, much of the analysis focused on specific conduct identified by the immigration laws, including certain criminal convictions, controlled substance violations, false testimony, failure to support dependents, and other statutory or regulatory bars.Under the new policy, USCIS officers are instructed to conduct a broader review of the applicant under the “totality of the circumstances.” Officers may consider not only conduct that creates a specific legal bar to naturalization, but other behavior that USCIS believes may be inconsistent with the standards expected of an average citizen in the applicant's community.The USCIS memorandum specifically mentions, among other examples, “reckless or habitual traffic infractions.”That language understandably makes some applicants nervous.
Does a Speeding Ticket Mean You Cannot Become a Citizen?
Ordinarily, no.There is an important difference between an isolated traffic violation and the “reckless or habitual” traffic conduct referenced in the new USCIS policy.In fact, USCIS's own instructions for Form N-400 state that an applicant generally does not even need to submit documentation concerning a traffic incident unless the incident involved alcohol or drugs, resulted in an arrest, or seriously injured another person.A routine speeding ticket from years ago that was paid is therefore very different from repeated reckless-driving violations, DUI offenses, an accident involving serious injury, or a history demonstrating habitual disregard of traffic laws.Nevertheless, applicants should answer the questions on Form N-400 carefully. The form broadly asks about arrests, citations, crimes, and offenses. A minor incident that is unlikely to prevent naturalization can become more significant if an applicant gives an inaccurate answer about it.
What About Tax Problems?
Tax issues also require some perspective.Form N-400 asks about an applicant's tax history, and USCIS warns that failure to pay taxes as required can affect a determination of good moral character. An applicant who has failed to file required tax returns, owes substantial overdue taxes without making arrangements to pay them, or has engaged in tax fraud may have a genuine naturalization issue.That is very different from making an innocent mistake in calculating estimated taxes or withholding, being assessed a penalty, and then paying everything owed.USCIS's August 2025 policy memorandum itself identifies full payment of overdue taxes as evidence that may demonstrate rehabilitation when past conduct is being evaluated.Tax problems therefore should not be ignored, but neither should every IRS penalty be treated as a reason to abandon an application for citizenship.
USCIS Has Also Authorized More Intensive Investigation
Another policy change has received less public attention.In August 2025, USCIS ended its longstanding general waiver of “neighborhood investigations” in naturalization cases. USCIS now reserves the right to determine on a case-by-case basis whether such an investigation is appropriate.USCIS has stated that it may seek information from neighbors, employers, coworkers, or business associates concerning an applicant. This does not mean that USCIS will conduct a neighborhood investigation in every naturalization case. It does, however, illustrate the agency's broader shift toward more intensive scrutiny of naturalization applications.
Minor Problems and Serious Problems Are Not the Same Thing
Over nearly three decades of practicing immigration law, I have found that applicants sometimes worry excessively about relatively minor matters while overlooking issues that deserve much closer examination.An old speeding ticket, for example, ordinarily presents a very different issue from a DUI or repeated reckless-driving convictions. A paid tax penalty is very different from years of unfiled tax returns. A brief vacation outside the United States is very different from an absence that may have disrupted continuous residence.Other matters that can warrant careful review include criminal arrests or convictions, prior immigration violations, inconsistencies in earlier immigration applications, extended periods outside the United States, failure to file tax returns, child-support problems, unlawful voting or voter registration, and false claims to U.S. citizenship.Sometimes an issue that sounds serious has a perfectly satisfactory legal explanation. Conversely, something an applicant considers insignificant can raise an immigration issue that was not apparent to the applicant.
When Should You Consider Getting Legal Advice?
Many permanent residents have straightforward naturalization cases and successfully complete the process without difficulty. Nevertheless, Form N-400 asks about a wide range of matters, and applicants do not always know which facts are legally significant.This can be particularly important because applying for naturalization gives USCIS an opportunity to review an applicant's immigration history, including the circumstances under which permanent residence was obtained, travel history, tax compliance, criminal history, and information provided in previous immigration applications.An old speeding ticket or a resolved tax issue may turn out to be insignificant. Other issues—such as arrests, extended absences from the United States, prior immigration violations, or inconsistencies in earlier applications—may deserve closer examination.If there is any uncertainty, consulting an experienced immigration attorney before filing can help determine whether there is actually a problem and, if so, how it should be addressed. With USCIS applying greater scrutiny to naturalization applications, careful review before filing is more important than ever.
Don't Let Social Media Make the Decision for You
Permanent residents should take the recent changes seriously, but they should not be frightened away from citizenship by stories on Facebook, Reddit, TikTok, or other social media.Every naturalization case turns on its own facts.For many permanent residents, a speeding ticket, a resolved tax issue, or another minor imperfection will have little or no effect on eligibility for citizenship. For others, a seemingly minor fact may deserve additional analysis before an application is filed.The answer is not to panic. It is to know what is in your history, understand how the naturalization rules apply to it, and address any genuine issues before filing.Becoming a U.S. citizen is one of the most important benefits available under our immigration laws. In today's adjudication environment, it deserves careful preparation.]]>On Behalf of Cayer Law<![CDATA[How long can you stay in the United States with an H-1B?]]>https://www.cayerimmigration.com/?p=480792026-09-08T16:10:10Z2026-09-08T16:10:10ZYou can generally stay for up to six years
Most workers with an H-1B can stay in the country for up to six years. Your first approval can cover up to three years, and a later approval can add up to three more. The date on your visa does not necessarily tell you how long you may stay. Form I-94 generally controls that period. For example, you may still have valid H-1B status after the visa expiry date if your Arrival-Departure Record Card permits you to stay longer.
You may qualify for additional time beyond six years
The six-year maximum does not apply in exactly the same way to every worker with an H-1B. For example, certain people involved in qualifying Department of Defense research and development or co-production projects may receive a qualified status for up to 10 years. Your immigration history can also affect the amount of time available to you.
Your stay can be affected by changes in your circumstances
Your six-year calculation does not always run continuously. Traveling outside the U.S. generally does not count toward the limit, so you can add qualifying time abroad back to your available H-1B period.
If your employment ends, you may have up to 2 months or 60 days to find another employer or change status, depending on the circumstances. A new employer does not renew the six years you are allowed to stay. Your prior H-1B time generally remains part of the calculation, and the new employer must complete the required immigration process before you begin working.
Take action before time runs out
If your six years is almost up, you should start reviewing your options before your current period ends. An attorney can examine your I-94, past H-1B approvals, travel records and green card filings to determine how much time remains and whether you may have additional time available. Early review can also help you address an employment change or begin the next immigration step before a deadline creates a problem.
]]>by Cayer Law<![CDATA[Why Can’t I Just Get a Work Permit?]]>https://www.cayerimmigration.com/?p=480692026-09-09T12:23:09Z2026-08-03T06:36:24ZOne of the most common questions I receive from prospective clients is also one of the simplest:
"How do I apply for a work permit?"The question is understandable. After all, the Employment Authorization Document (EAD) is sometimes referred to as a "work permit," which naturally leads people to assume it is a standalone immigration benefit that anyone can apply for.The answer, however, often comes as a surprise.Contrary to what many people believe, there is no immigration benefit that simply allows someone to apply for permission to work in the United States because they would like to work here.Instead, U.S. immigration law first asks a different question:What is your immigration status, or what immigration benefit do you qualify for?Only after that question is answered can we determine whether the individual is authorized to work.
Three Ways Someone May Be Authorized to Work
There are three broad ways a person may become authorized to work in the United States.First, lawful permanent residents (commonly known as green card holders) are authorized to work by virtue of their permanent resident status. They do not need to apply for an Employment Authorization Document because their green card itself serves as evidence of their unrestricted authorization to work.Second, certain temporary nonimmigrant classifications authorize employment as part of the immigration status itself. Examples include H-1B specialty occupation workers, L-1 intracompany transferees, O-1 individuals of extraordinary ability, and TN professionals under the United States-Mexico-Canada Agreement. These individuals generally do not receive an EAD because their authorization to work comes directly from their immigration status and is often limited to a particular employer. Other nonimmigrant classifications also permit employment under specified circumstances, but in each case the authority to work derives from the immigration classification itself rather than from an Employment Authorization Document.Third, some individuals become eligible for an Employment Authorization Document (EAD). The EAD serves as evidence that they are authorized to work because they qualify under another provision of the immigration laws. Common examples include applicants for adjustment of status, certain asylum applicants and asylees, recipients of Temporary Protected Status (TPS), and F-1 students participating in Optional Practical Training (OPT).The important point is this:The EAD is evidence of employment authorization—it is not the reason someone has employment authorization.
A Conversation I Had This Week
I recently spoke with someone whose serious girlfriend lives in the United Kingdom. He wanted to know whether she could simply obtain a work permit so she could move to the United States and begin working while they decided on their long-term plans.Unfortunately, immigration law does not provide such an option.Because she did not have an immigration status or another legal basis that would authorize employment, there was no application she could simply file for an EAD. During our conversation, he also asked whether she could simply obtain a Social Security number so she could work in the United States. The answer was the same. A Social Security number generally follows employment authorization—it does not create it.As we discussed the available options, it became apparent that if they wished to build a life together in the United States, marriage might ultimately provide the most practical immigration path. That is not because marriage "gets you a work permit." Rather, marriage to a U.S. citizen may provide the legal basis for applying for permanent residence, and while the green card application is pending, the foreign national may become eligible to apply for an Employment Authorization Document.
The Right Question to Ask
Perhaps the most common misconception I encounter is that there must be a government office where someone can simply "apply for a work permit."There isn't.Under U.S. immigration law, employment authorization is always tied to an underlying immigration status or immigration benefit.So, the right question is not:"How do I get a work permit?"The right question is:"What immigration category, if any, allows me to work in the United States?"That distinction is often the first step toward identifying realistic immigration options. If you are considering working, studying, investing, or joining family members in the United States, understanding your available immigration pathways is far more important than simply asking how to obtain an EAD.The terminology can sometimes be confusing, but the principle is straightforward: the law first determines whether you are authorized to work. Only then does it determine how that authorization is documented.If you are considering living or working in the United States and are unsure what options may be available, an experienced immigration attorney can help identify the immigration category that best fits your circumstances and guide you through the process.]]>On Behalf of Cayer Law<![CDATA[Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status]]>https://www.cayerimmigration.com/?p=480372026-08-25T15:08:46Z2026-07-02T09:47:03Z1. Make sure your H-1B petition is filed while you are still on F-1 Optional Practical Training (OPT), if possible.
F-1 students can extend their status to cover the gap between their OPT and the start of their H-1B status through a cap-gap extension. To qualify, you must still be in valid F-1 status when your employer files the cap-subject H-1B petition; the petition must request a change of status while you remain in the United States (not through consular processing); and it must request a start date in the new fiscal year, which begins on October 1 and runs through September 30. Filing the H-1B petition (Form I-129) gives you cap-gap protection—not just being selected in the lottery. If the petition is filed while you are still on OPT, your F-1 status and work authorization can continue until April 1 or the date that a decision is made on your H-1B petition, whichever is earlier. If it is filed during your F-1 grace period, you may remain in valid F-1 status during that time, but you cannot continue working
2. Stay within the OPT unemployment limits
You can lose your F-1 status if you are unemployed for too many days. Any days of unemployment continue to count during the cap-gap period if your H-1B petition was filed while you were on OPT.
If you are on regular OPT, you can have up to 90 total days of unemployment.
If you are on STEM OPT, you can have up to 150 total days of unemployment (combined).
Certain employers are not subject to the annual H-1B cap, including:
Universities and colleges
Nonprofit organizations affiliated with universities
Nonprofit or governmental research organizations
If you secure a position with one of these employers, you may obtain an H-1B at any time of year, without going through the lottery.
The Key Strategy: Concurrent H-1B Employment
Once you are working for a cap-exempt employer in valid H-1B status, a private employer can also sponsor you for concurrent H-1B employment.This means:
You maintain your primary H-1B with the cap-exempt employer
A private company files a concurrent H-1B petition
You can legally work for both employers at the same time
What This Looks Like in Practice
A typical structure involves:
A part-time role with a university or affiliated nonprofit
A full-time role with a private employer
As long as the cap-exempt employment remains active, the concurrent H-1B allows you to work in the private sector—without ever being selected in the H-1B lottery
Real-World Case Example
Profile:
Software engineer on STEM OPT
Not selected in the H-1B lottery
Working for a startup that wants to retain them
Strategy Implemented:
Secured a part-time research affiliate role with a university lab (approximately 10 hours per week)
The university filed a cap-exempt H-1B petition
The startup filed a concurrent H-1B petition for full-time employment
Outcome:
Continued working full-time at the startup
Maintained valid H-1B status
Employer later initiated a green card process
Key takeaway: The individual was able to remain employed in the private sector without relying on lottery selection.
Why This Strategy Is So Powerful
Bypasses the LotteryNo selection process and no annual cap limitations.Immediate ContinuityHelps avoid gaps in work authorization.FlexibilityAllows employment with private companies, including startups.Long-Term PlanningCan serve as a bridge to:
Future H-1B opportunities
Employment-based green card sponsorship
O-1 or other visa strategies
Important Considerations
This strategy must be structured carefully:
The cap-exempt role must be real, ongoing, and compliant
Both positions must independently qualify as specialty occupations
Each employer must file and maintain its own H-1B petition
If the cap-exempt employment ends, the concurrent H-1B may also be affected
Strategic Insight
Many individuals assume that if they are not selected in the H-1B lottery, they cannot work for a private employer in H-1B status.That is not always true.With the right structure, it is possible to create a compliant pathway that allows private-sector employment—without ever being selected in the lottery.The cap-exempt + concurrent H-1B strategy is one of the most effective—and underutilized—tools in U.S. immigration law.But it requires careful planning, proper structuring, and coordination between employers.If you would like to discuss your options, we welcome you to schedule a consultation.]]>On Behalf of Cayer Law<![CDATA[I Wasn’t Selected in the H-1B Lottery—Now What Are My Options?]]>https://www.cayerimmigration.com/?p=480022026-04-02T05:59:34Z2026-04-02T05:51:03Zyou still have options.
The right strategy depends on your current status, long-term goals, and professional background. Below, we outline the most common and effective pathways to consider.
1. Cap-Exempt H-1B Opportunities
Not all H-1B visas are subject to the lottery.
You may still qualify for an H-1B if you secure a position with a cap-exempt employer, such as:
Universities and colleges
Nonprofit organizations affiliated with universities
Nonprofit or governmental research organizations
In some cases, individuals can work for a private employer concurrently with a cap-exempt H-1B.
Strategic insight: This is one of the most underutilized pathways and can provide long-term flexibility.
2. O-1 Visa (Individuals with Extraordinary Ability)
For individuals with strong professional achievements, the O-1 visa can be a powerful alternative.
This option may be viable if you have:
Publications or media recognition
Significant contributions to your field
High salary or critical roles
Industry awards or peer recognition
Unlike the H-1B:
No lottery
No annual cap
Premium processing available
Strategic insight: Many candidates underestimate their eligibility—especially in fields like tech, business, and the arts.
3. F-1 Students: Maximizing OPT and STEM OPT
If you are currently on F-1 status:
You may still have OPT or STEM OPT extension time remaining
STEM graduates can extend work authorization up to 36 months total
This can provide additional chances to re-enter the H-1B lottery in future years.
Key consideration: Careful timing and employer compliance are critical.
4. L-1 Intracompany Transfer
If your employer has operations outside the United States, you may be able to:
Work abroad for one year, and then
Return to the U.S. in L-1 status
This is particularly viable for:
Managers and executives (L-1A)
Employees with specialized knowledge (L-1B)
Strategic insight: This pathway can also lead to a green card without PERM in certain cases.
5. Day 1 CPT Programs (Use With Caution)
Some individuals explore Day 1 CPT programs to maintain work authorization.
However:
These programs carry heightened scrutiny
Improper use can create long-term immigration risks
Our recommendation: This option should only be considered with careful legal guidance.
6. Employment-Based Green Card Options
In some cases, it may be possible to move directly toward permanent residence:
EB-2 / EB-3 (PERM process)
National Interest Waiver (NIW)
EB-1A (Extraordinary Ability)
EB-1B (Outstanding Professor or Researcher)
Strategic insight: For the right candidate, skipping temporary visas altogether can be the most efficient path.
7. Dependent Visa Options
If your spouse holds valid status (e.g., H-1B, L-1, etc.), you may qualify for:
H-4 or L-2 status
In some cases, work authorization is available (especially for L-2 spouses and certain H-4 holders).
8. J-1 Exchange Visitor Visa
The J-1 visa can be a viable option for certain individuals, particularly in structured training or research environments.
Common J-1 categories include:
Interns and trainees
Research scholars
Professors
Physicians (in specific programs)
However, there are important considerations:
Some J-1 holders are subject to the two-year home residency requirement
Restrictions may apply to changing status in the U.S.
Sponsorship must be through a designated program sponsor
Strategic insight: The J-1 can be an effective bridge—but it must be carefully evaluated to avoid long-term limitations.
9. E-1 and E-2 Treaty Visas (Entrepreneurs & International Businesses)
For individuals from treaty countries, the E visa category can be a powerful alternative to the H-1B—particularly for entrepreneurs and business owners.
E-1 (Treaty Trader):
For individuals engaged in substantial international trade between the U.S. and their home country
E-2 (Treaty Investor):
For individuals who make a substantial investment in a U.S. business
The applicant must direct and develop the enterprise
Key advantages:
No lottery
Renewable indefinitely
Can be structured for founders, consultants, or small business owners
Important considerations:
Requires nationality from a qualifying treaty country
The investment must be “at risk” and the business must be real and operating
Not a direct path to a green card
Strategic insight: For the right candidate, the E-2 can offer faster entry and significantly more control than employer-sponsored visas.
Your nationality alone may open doors to visa categories that bypass the H-1B lottery entirely.
For Chile & Singapore Nationals – H-1B1
Similar to H-1B but not subject to the lottery
Requires a specialty occupation
Issued in one-year increments (renewable)
For Canadian & Mexican Nationals – TN Visa (USMCA/NAFTA)
Available for a list of designated professional occupations
Fast processing (often directly at the border for Canadians)
No lottery and relatively streamlined adjudication
For Australian Nationals – E-3 Visa
Specifically for Australian professionals in specialty occupations
Similar to H-1B but with:
No lottery
Lower demand and higher availability
Strategic insight: These categories are among the most powerful—and underutilized—options available. In many cases, they provide faster, more predictable pathways than the H-1B.
11. Returning Next Year—With a Stronger Strategy
Many individuals ultimately succeed after multiple attempts.
Between now and the next lottery cycle, you can:
Strengthen your resume and profile
Build evidence for O-1 or EB-1 eligibility
Explore alternative employers or roles
Not being selected in the H-1B lottery is disappointing—but it is not the end of the road.
With the right strategy, many individuals not only remain in the United States but ultimately secure stronger, more stable immigration pathways.
If you would like to discuss your options, we welcome you to schedule a consultation.]]>On Behalf of Cayer Law<![CDATA[What Are My Odds in This Year’s H-1B Lottery Under the New Weighted Selection System?]]>https://www.cayerimmigration.com/?p=479912026-03-02T06:26:48Z2026-03-02T06:14:47ZThe H-1B Cap Basics
The annual H-1B cap remains:
65,000 visas under the regular cap
20,000 additional visas for individuals holding a U.S. master’s degree or higher
Because registrations typically exceed the 85,000 available visas, USCIS conducts a selection process.
In the most recent completed lottery (FY 2026), USCIS received approximately 343,981 eligible registrations and selected 118,660 beneficiaries. This resulted in an overall selection rate of roughly 35% — about 1 in 3 applicants.
How the System Used to Work
Under the prior system, selection was largely random.
In recent years, overall selection rates generally ranged between 25% and 35%, depending on total registration volume. All properly submitted registrations had roughly equal odds.
The New Weighted Selection System
Beginning with the FY 2027 cap season, USCIS implemented a weighted selection system based on the prevailing wage level of the offered position.
Under the new system, registrations receive multiple entries depending on wage level:
Level I (Entry Wage) – 1 entry → approximately 15% estimated selection probability
Level II – 2 entries → approximately 31% estimated selection probability
Level III – 3 entries → approximately 46% estimated selection probability
Level IV (Highest Wage Level) – 4 entries → approximately 61% estimated selection probability
Higher wage levels now receive proportionally greater odds of selection.
What This Means for Employers and Candidates
Selection is no longer purely random.
The wage level assigned to the position now plays a critical role in determining the likelihood of selection. Other factors still matter, including qualification under the U.S. master’s cap and overall registration volume.
Bottom Line
Under the old system:
Selection odds were generally 25%–35%.
Under the new weighted system:
Selection odds may range from approximately 15% to over 60%, depending largely on the wage level of the position.
If you would like to evaluate a specific role and estimate its likely selection probability under the new system, please contact our office to discuss your H-1B strategy for this cap season.]]>On Behalf of Cayer Law<![CDATA[Fiscal Year 2027 H-1B Lottery]]>https://www.cayerimmigration.com/?p=479792026-02-02T02:45:49Z2026-02-02T02:42:22ZRegistration Process and Fee
If an employer wants to apply for an H-1B visa for a foreign worker, there are a few steps to follow. First, employers and their attorneys need to create accounts on myUSCIS.gov to participate in this process. Then the employer must register electronically and pay a $215 fee for each person being registered. This fee is nonrefundable and must be paid online through the pay. gov portal. It is separate from any other fees that might need to be paid later if the registration is selected in the H-1B lottery. If working with an attorney, the employer will need to coordinate electronically with the attorney.
Information required for registration includes:
Employer’s name, employer identification number (FEIN), and address.
Employer’s representative contact
Employer’s attorney
Foreign worker’s full name, date of birth, country of birth, country of citizenship, gender, and passport
Whether the foreign worker has a master’s degree from a U.S. higher education institution.
Foreign worker’s wage level information (wage level I, II, III or IV). Speak to your immigration attorney to determine the appropriate wage level for each registrant.
Additional Considerations:
USCIS may deny or revoke H-1B visas if the registration contains false information or if the registration fee is not properly paid.
If selected, USCIS now permits a start date on or after October 1, as long as it is within 6 months of the petition filing.
Selection Process
Beneficiary-Centric Selection Process:
Each foreign worker will only have one chance in the lottery, even if multiple employers submit registrations on their behalf. USCIS will ensure that each registrant is only entered into the lottery once based on their passport information or travel document information.
Weighted Selection Process:
USCIS has finalized a new selection process for the fiscal year 2027 H-1B cap lottery. Under the new rules, the lottery would no longer be completely random. Instead, registrations for jobs with higher wage levels will have a better chance of being selected than those with lower wage levels. The government groups salaries for each job and location into four wage levels, from lowest to highest. Wage level one is typically tied to entry level positions, while wage level four is for senior level positions. As a result, the salary offered for a position could affect the odds of being selected.]]>On Behalf of Cayer Law<![CDATA[MY H-1B REGISTRATION WASN’T SELECTED THIS YEAR — NOW WHAT?]]>https://www.cayerimmigration.com/?p=479232025-09-19T19:49:18Z2025-09-19T19:45:21ZOur company registered one or more candidates who weren’t selected in the lottery. Are there any other options to employ them?
In short – maybe! Here are some alternative nonimmigrant visa categories your company may consider:
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Optional Practical Training/Curricular Practical Training
International students who graduate from a S. post-secondary institution may be eligible for a
12-month period of Optional Practical Training (OPT) and employment in a field related to their degree.
Those who have graduated with a degree in a STEM field may extend the initial period of OPT for an additional 24 months. Students still enrolled in school may qualify for employment authorization through a period of Curricular Practical Training (CPT). Qualifying students should coordinate with their school’s Designated School Official to seek OPT or CPT work authorization.
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Work Visas Based on Nationality
There are some nonimmigrant employment visa categories that are available only to citizens of certain
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H-1B1 visas are available to citizens of Chile and Singapore. The requirements for the category are similar to an H-1B.
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E-3 visas are granted only to citizens of Australia who will work in specialty occupations.
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TN employment sponsorship is an option for citizens of Mexico and Canada, who are coming to the United States to perform work in certain “Professional Occupations.”]]>