Next Steps After the H-1B Lottery: What HR Managers Need to Know

If one of your employees was recently selected in the H-1B lottery, congratulations! That’s a major milestone in their immigration journey—and an important moment for your organization as well.

But selection in the lottery is just the beginning. Filing a successful H-1B petition involves several important decisions around work authorization, job descriptions, travel plans, and timing. This guide walks HR managers through the next steps after the H-1B lottery selection and answers some of the most frequently asked questions, especially when the employee is transitioning from CPT, OPT, or STEM OPT to full-time employment.

Step 1: Understand the Filing Types – Change of Status vs. Consular Processing

Every H-1B petition must indicate how the foreign national plans to activate their H-1B status. There are two options:

1. Change of Status (COS)

This applies when the employee is already in the U.S. in valid status (like F-1 OPT or STEM OPT). If approved, the employee automatically transitions to H-1B status on October 1 without needing to leave the country.

2. Consular Processing

This is typically used if the employee is outside the U.S. or prefers to get an H-1B visa stamp at a U.S. consulate abroad and re-enter the U.S. in H-1B status. This method requires international travel and a consular interview.

Best Practice

If the employee is physically in the U.S. and maintaining valid status, the default approach is to file under Change of Status. However, if the employee has upcoming international travel plans or prefers to activate their H-1B via visa stamping, Consular Processing may be more appropriate—but only after confirming with the employer.

Step 2: Ask About Travel Plans

Here’s where timing matters. If the petition is filed as a Change of Status and the employee travels internationally while it’s pending, USCIS may treat the petition as abandoned. That could delay or jeopardize the employee’s ability to begin work in H-1B status on time.

What HR Teams Should Do:

• Ask employees if they have any international travel planned between now and October 1.

• If the employee prefers Consular Processing and is still in the U.S., be sure to formally approve that approach. Why? Because travel for visa stamping may be perceived by some employees as "work-related travel," potentially leading to reimbursement requests.

Tip: Many employers choose to document their internal policy on whether travel-related expenses for consular processing are covered, especially when it's driven by employee preference rather than company requirement.

Step 3: Submit the Right Job Description

This part is critical. The job description submitted with the H-1B petition helps demonstrate that the role qualifies as a specialty occupation—and that the foreign national is qualified to perform it.

Common HR Question:

“The employee is currently doing one type of work as an intern, but we’re hiring them full-time for a slightly different role. Which job description should we use?”

✅ Use the job description for the full-time role that the employee will begin on October 1—not the role they are doing today.

It’s completely normal for the full-time role to differ from the internship or training role the employee had under CPT, OPT, or STEM OPT. What matters is the future position the employee will hold under H-1B status.

Step 4: How to Write a Strong H-1B Job Description

A strong job description increases the likelihood of H-1B approval. Here’s what to include:

• Detailed Responsibilities Go beyond general terms. List specific tasks, tools used, and how the role contributes to the organization.

• Educational Requirements Clearly indicate that the position requires a bachelor’s degree or higher in a specific field.

• Connection to the Employee’s Degree The job should align with the employee’s academic background.

Weak Example:

"Support various team functions, help with project coordination, attend meetings."

🙅 This doesn’t show that the job needs a specialized degree.

Strong Example:

"Design and maintain relational databases using SQL; develop Python-based data analysis tools to support business intelligence initiatives. Requires a Bachelor's degree in Computer Science, Data Science, or related field."

✅ This demonstrates specialized knowledge and degree alignment.

Step 5: Watch Out for Cap-Gap Issues (For F-1 OPT Holders)

If your employee is currently on F-1 OPT or STEM OPT and their work authorization (EAD card) expires before October 1, they may qualify for a cap-gap extension.

This provision allows eligible F-1 students to continue working while their H-1B petition is pending and until the H-1B status becomes active.

Tip: HR should confirm the employee’s EAD expiration date and ensure that cap-gap eligibility is being tracked during the filing process.

Summary: H-1B Lottery Selection—What HR Should Do As Next Steps

Here's a quick checklist for HR managers:

✅ Confirm whether the employee is currently in the U.S.

✅ Ask about any planned international travel between now and October 1

✅ Decide if consular processing is appropriate for your situation

✅ Provide a future-facing job description for the employee’s full-time role

✅ Track EAD expiration dates for employees on OPT/STEM OPT

✅ Set internal expectations around travel and visa stamping policies

Final Thoughts

Being selected in the H-1B lottery is a significant step—but it’s just the beginning of the process. HR professionals play a crucial role in ensuring the petition is filed accurately, travel plans are considered, and the employee’s transition from student to professional is smooth and compliant.

By staying proactive and informed, you can help your team support international talent while avoiding unnecessary delays or surprises.

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👇 For WayLit Clients: What to Do Next

If you're working with WayLit, here are the immediate next steps:

🔹 Review and approve the employee’s filing typeIf your employee is in the U.S., we will default to filing as a Change of Status unless you let us know otherwise. If the employee has travel plans and you approve Consular Processing, please confirm that in writing.

🔹 Provide a future-facing job descriptionSubmit the job description for the full-time role the employee will begin on October 1, not what they are currently doing on OPT/CPT. We’ll use this in the petition to demonstrate specialty occupation eligibility.

🔹 Ask about travel plansWayLit will reach out to the employee, but you may also want to ask directly. If the employee is traveling internationally after the petition is filed, this can impact eligibility if the case is filed as Change of Status.

🔹 Notify us of any F-1 EAD expiration datesLet us know if the employee's OPT or STEM OPT ends before October 1 so we can include a cap-gap request if eligible.

🔹 Stay in syncYou’ll receive regular updates from us throughout the process. If you have internal policies around travel reimbursements, visa stamping, or consular filing preferences, now is a great time to align with your team.

If you’re ever unsure about which filing type is best, what documents we need, or how to communicate immigration policies internally, we’re here to help.

📩 Questions? Reach out to your WayLit account manager or email support@waylit.com anytime.

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Note: This document provides general information and should not be considered legal advice. Immigration policies change frequently, and individual circumstances vary. Both employers and employees should consult with qualified immigration counsel regarding specific situations.