Articles in this section
This article is intended for employers in Envoy Global who are reviewing their company's employee population to determine who should be considered for enrollment in the H-1B Cap lottery.
This is a high level overview intended for employers sponsoring beneficiaries in the H-1B Cap lottery. Circumstances may vary from case to case and questions about cases opened in your Envoy Global account should be directed to the legal team at CIP in the Communication Center. This information may be outdated and will be updated as new information is provided pertaining to the upcoming Cap lottery.
Enrollment considerations by visa type
Sponsoring employers might consider enrolling foreign nationals in the following visa statuses into the H-1B Cap lottery. The legal team at CIP will work with employers to review current employees who are active in the Envoy Global platform to determine eligibility. If the company intends to sponsor additional employees or prospective candidates, we recommend sharing the roster with CIP in December or January.
F-1 CPT, OPT, and STEM OPT - The H-1B Cap lottery has a selection rate of 33% on average. As such, if the company intends to employ an individual in F-1 status on a long term basis, it is best to start enrolling them in the H-1B Cap lottery as early as possible.
L-1A and L-1B - Individuals in L-1 status cannot extend beyond their final non-immigrant visa expiration date (L-1A visa holders are eligible for up to 7 years of status; L-1Bs up to 5 years). As such, if the company intends to sponsor an L-1 visa holder for a green card, we suggest enrolling them in the Cap lottery to try to avoid a gap in work authorization.
O-1 - Individuals in O-1 status can only extend their status in increments of 1 year after the initial 3 years, unlike the H-1B. Depending on which stage the employee is at in the green card process, the company may consider including O-1 employees in the Cap lottery.
TN, E-3, H-1B1 - These visas are "single intent" visas, meaning foreign nationals might be subject to certain restrictions when seeking an immigrant visa while in the United States. As such, if the company intends to sponsor anyone in the statuses for a green card, we suggest enrolling them in the Cap lottery to try to avoid complications with the permanent residence process.
Dependents (H-4, L-2S, E-2S, E-3S, AOS applicants) - Ensure continued work authorization in the instance an issue arises with the primary beneficiary's nonimmigrant and/or immigrant visa process.