Cayer Law Cayer Law 2026-05-12T09:11:35Z https://www.cayerimmigration.com/feed/atom/ WordPress /wp-content/uploads/sites/1103996/2024/08/cropped-CayerLaw-site-icon-32x32.png by Cayer Law <![CDATA[A Smarter H-1B Strategy: Cap-Exempt Employment + Concurrent Work]]> https://www.cayerimmigration.com/?p=48007 2026-05-07T06:35:31Z 2026-05-07T06:35:04Z If you weren’t selected in the H-1B lottery, it may feel like your ability to work in the United States is on hold. But there is a powerful—and often overlooked—strategy that can allow you to work in H-1B status anyway, even for a private company: Cap-exempt H-1B employment combined with concurrent H-1B sponsorship.

What Is a Cap-Exempt H-1B?

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 Lottery No selection process and no annual cap limitations. Immediate Continuity Helps avoid gaps in work authorization. Flexibility Allows employment with private companies, including startups. Long-Term Planning Can 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=48002 2026-04-02T05:59:34Z 2026-04-02T05:51:03Z you 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.

10. Nationality-Based Treaty Options (Often Overlooked)

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=47991 2026-03-02T06:26:48Z 2026-03-02T06:14:47Z The 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=47979 2026-02-02T02:45:49Z 2026-02-02T02:42:22Z Registration 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=47923 2025-09-19T19:49:18Z 2025-09-19T19:45:21Z Our 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:  
•

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.
•

Work Visas Based on Nationality

  • There are some nonimmigrant employment visa categories that are available only to citizens of certain
•
H-1B1 visas are available to citizens of Chile and Singapore. The requirements for the category are similar to an H-1B.  
•
E-3 visas are granted only to citizens of Australia who will work in specialty occupations.  
•
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.”]]>