If you lost the H-1B lottery
Each year the H-1B cap is far smaller than the number of registrations, so most applicants are not selected. A rejection is common and it is not the end of the road. This page explains the two legal routes most people in this position look into next. It is informational, not legal advice — for your specific case, talk to an immigration attorney.
Cap-exempt employers
Some employers can file an H-1B petition outside the annual lottery, at any time of year. Under INA 214(g)(5), the cap does not apply to institutions of higher education, nonprofit organizations affiliated with them, and nonprofit or governmental research organizations. In practice that means universities, university-affiliated hospitals and research centers, and federal labs can sponsor an H-1B without entering the lottery.
If you work for a cap-exempt employer, you can hold H-1B status even though you were never selected in the cap. Some people use a cap-exempt role to maintain status while re-entering the lottery in a later year.
We maintain a searchable list of likely cap-exempt employers, classified from public signals (employer name, web domain, and industry). Always confirm cap-exempt status with the specific employer before relying on it.
STEM OPT and E-Verify
If you are an F-1 student with a degree in an eligible STEM field, you may qualify for a 24-month extension of your Optional Practical Training (OPT). A condition of the STEM OPT extension is that your employer must be enrolled in E-Verify, the federal employment-eligibility program. A STEM OPT extension buys additional time to be selected in a future H-1B lottery.
Before accepting an offer that you are counting on for STEM OPT, confirm the employer is enrolled in E-Verify. You can check any employer directly in the USCIS E-Verify employer search.
Other timelines worth knowing
- Standard OPT gives 12 months of work authorization after graduation; the STEM extension adds 24 more.
- Cap-exempt H-1B petitions can be filed year-round, not just during the spring registration window.
- Employers can re-register you for the cap in a future year while you hold another status.
Sources: USCIS H-1B specialty occupations (INA 214(g)(5)); USCIS STEM OPT extension; USCIS E-Verify employer search. This page is informational and not a substitute for advice from a licensed immigration attorney.