Not selected for H-1B? Which is Better for You: Relocate or Day 1 CPT?

Relocate and Day 1 CPT are the two most common alternatives for those who didn’t get selected in the H1B lottery. Each path has its scope, characteristics, and risks. This article will explore the differences and similarities between these two options to help you choose the one that suits you best.

Path 1: Relocate → H1B/L1

Path Description

If your employer is a multinational company with operations in the U.S., and you didn’t get selected for an H1B visa, you can apply to relocate to one of the company’s branches in another country and work remotely for a period. Employees preparing for an L1 visa can experience different work environments in various countries, gaining a deeper understanding of the company culture.

During this period, you have two choices:

1. Continue applying for H1B through your employer. If selected, you can activate the H1B and return to the U.S.

2. If not selected, consider applying for an L1 visa to return to the U.S.

About L Visa

According to USCIS, the L visa is a temporary work visa for those in managerial positions or with specialized knowledge. It is filed by the multinational company on behalf of the foreign employee, with the employer submitting Form I-129. There are two types of L-1 visas:

1. L1A Visa: For senior management, allowing a stay of up to 7 years. It’s for companies needing to transfer senior managers to their U.S. offices.

2. L1B Visa: For specialized knowledge employees, allowing a stay of up to 5 years.

Application Requirements

– The company must be a multinational with branches outside the U.S.

– The applicant must have worked at a suitable position in the overseas branch for at least one year.

– The employer can apply for the L1 visa at any time without a lottery.

Suitable Situations for Relocate

– Company Supports Remote Work: If your company has overseas branches and supports remote work, you can either join the local team or continue working remotely. This option has become more common due to the global spread of remote work.

– Career Development in the Company: If you see long-term career prospects within the company, relocating can be a good option. However, be aware of uncertainties such as salary reductions, changes in work environment, and potential delays in returning to the U.S.

– Technical Positions (L1B): Relocation is more suitable for technical roles, with more cases seen in this category. L1B has lower requirements and allows up to 5 years of stay, during which the company can help you apply for a green card.

– Management Positions (L1A): For non-technical roles, check if the company is willing to apply for an L1A visa. You need to work as a manager or higher for a year before applying, which depends on your ability and career progression.

Path 2: Day-1 CPT School

Path Description

If your H1B was not selected and you lack better alternative visa options, but still want to work in the U.S., you can enroll in a school offering a Day 1 CPT program to continue working legally on an F1 student visa.

About Day 1 CPT

Curricular Practical Training (CPT) allows F1 visa holders to work in internships related to their study program. Many master’s programs require practical experience, allowing students to start CPT internships immediately after enrollment. Schools offering Day 1 CPT must ensure their programs meet USCIS standards, proving the relevance of the internship to the course of study.

Suitable Situations for Day-1 CPT

– Company Doesn’t Support Relocate/Remote: If your company lacks overseas branches or suitable remote positions, Day 1 CPT allows you to work without these concerns.

– Committed to Staying in the U.S.: If relocating means significant changes in work groups and personal life, staying in the U.S. via Day 1 CPT avoids these challenges.

– Job Change or Unemployment: If you’re unemployed or dissatisfied with your current job, Day 1 CPT provides a transition period for job hunting, allowing you to start working as soon as you get a new offer.

Summary

Relocate and Day 1 CPT have their pros and cons, each suitable for different circumstances. Consider your personal situation and make a choice that best fits your needs. Hopefully, this article helps you transition smoothly and secure your status! For more personalized advice, you can contact CISI for a free consultation.