The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree).  This year’s number of petitions represents another increase after receiving 233,000 petitions for FY2016, 172,500 for FY2015, and 124,000 for FY2014. On April 12, 2016, the USCIS completed a computer-generated random selection process to select sufficient petitions to meet the 65,000 and 20,000 limits and premium processing will begin on May 12, 2016.

If your petitions were not among the ones who “won” the lottery and were picked, there may be other options for potential employees until the next cap season starts October 1, 2017 with filings that can be made on April 1, 2017.

• An F-1 student who is still in status and has no other options might consider pursuing another level of study in F-1 status.

Students working under the Optional Practical Training (OPT) in science, technology, engineering, and mathematics (STEM) fields may be eligible for an extended (now 24 month) period of OPT. The longer period of STEM OPT will allow some former students another chance to be sponsored for “capped” H-1B employment next year, but it comes with increased reporting, training, and monitoring obligations for the employer and student. For more information regarding the new STEM OPT Rules, click here.

SEVP is likely to expand the list of STEM majors that can be used for STEM OPT.

• L-1B or L-1A status may be available for individuals who have qualifying experience in a specialized knowledge or managerial position with a related entity. Employers could pursue a strategy in transferring an employee abroad for one year and then back to the U.S. as a multinational business transferee.
• H-4 dependent spouses of H-1B workers may be eligible for work authorization if the H-1B spouse is the principal beneficiary of an approved I-140 immigrant petition or is in H-1B status beyond the normal six-year maximum under the “AC21” law. For more information regarding H-4 work authorization, see our blog post here.

Country specific options include:

• Canadian or Mexican nationals may be able to pursue TN, or non-immigrant, classification:
• Australians can pursue E-3 classification for specialized occupations requiring a bachelor’s degree:

Other options may be available for individuals with extraordinary ability under an O classification, or under an E classification for investors or foreign companies from countries covered by a treaty of commerce and navigation with the U.S. that engage in a substantial amount of business in the U.S.