The Final Checks (Before March 31)
Right now, you are likely finalizing wage levels for the registration window. But before the results drop at the end of March, you should take three specific actions to ensure you are ready to move fast:
- Audit Your Roster: Confirm you have the correct expiration dates for every F-1 student's OPT. You will need this data immediately if they are selected.
- Verify Registration Data: Double-check that the job titles and salaries listed in your registration account match your internal records.
- Prepare the "Hold" List: Identify which employees need to pause international travel plans immediately if their status changes to "Pending."
Part 1: If They Are Selected
Getting selected triggers a strict compliance timeline. Because the FY 2027 lottery uses the new Wage-Weighted Selection system, the data you used to win is now binding.
1. The Consistency Check
In the past, you could register an employee and figure out the details later. This year, because the lottery selection was weighted based on the Wage Level and SOC Code, those details are locked.
- The Rule: If you registered an employee at Level 3 to improve their odds, you must file the petition at Level 3. You cannot downgrade them to Level 2 in the actual filing to save budget. USCIS will view this as misrepresentation.
- Your Action: Before handing the case to legal, verify that the salary in the petition matches the registration data exactly.
2. The "Cap-Gap" Timeline & Hard Stop
Filing a petition can extend work authorization, but there are strict limits.
- The Rule: If you file the H-1B petition before the student's current OPT/STEM OPT expires, their work authorization is automatically extended.
- The "Sept 30" Hard Stop: This extension is valid only through September 30. If the H-1B petition is still pending on October 1, the employee must stop working until the approval comes through. They can remain in the U.S., but they must go on unpaid leave.
- Action: File these cases ASAP (April 1) to ensure approval before the September deadline.
3. Warning Employees About Travel
Once you file a "Change of Status" petition (switching them from F-1 to H-1B without leaving the U.S.), the employee essentially cannot travel internationally.
- The Issue: If they leave the U.S. while the case is pending, the "Change of Status" request is considered abandoned.
- The Consequence: They may have to stay abroad for months and get a visa stamp at a consulate (which triggers the new $100k fee applicability).
- Recommendation: Advise selected employees to stay in the U.S. until their H-1B is fully approved and active.
Part 2: If They Are Not Selected
Statistically, this will be the larger group. Do not rely on a "Second Lottery" later in the year. It is safer to assume this is the final result and move to your backup plans immediately.
1. STEM OPT Extension
For F-1 students with a STEM degree who are in their first year of OPT, this is the immediate fix.
- The Step: File for the 24-month STEM OPT extension immediately.
- The Value: This buys you two more attempts at the lottery (FY 2028 and FY 2029) for the same employee without interrupting their work.
2. Assess O-1A Eligibility
If you have senior engineers or researchers who were not selected, ask your attorney to screen them for an O-1A visa.
- The Context: The O-1A is for individuals with "extraordinary ability." It has no cap and no lottery.
- The Update: Recent guidance has made it slightly easier for individuals with STEM degrees and high salaries to qualify. It is a high bar, but worth checking for your top talent.
3. International Transfers (L-1)
If you have an office in Canada, the UK, or another country, you can transfer the employee there for one year.
- The Strategy: After they work for your foreign entity for 365 days, you can bring them back to the U.S. on an L-1 visa.
- The Benefit: The L-1 has no lottery. It is the most reliable way to retain a key employee if you have a global footprint.
4. Day 1 CPT (Proceed with Caution)
Employees will inevitably ask about enrolling in a second Master's program that allows "Day 1 CPT" to keep working.
- The Context: This involves enrolling in a new degree program solely to get a new period of work authorization.
- The Risk: SEVP (Student and Exchange Visitor Program) has increased oversight of these schools. If an audit determines the program is not legitimate or the student is not attending classes, it can create "Maintenance of Status" issues that risk future Green Card applications.
- HR Stance: Consult with your immigration counsel before approving this path.
5. The Hard Conversation
If an employee has no STEM extension remaining, does not qualify for an O-1, and you cannot transfer them abroad, their U.S. work authorization will eventually end.
- Be Transparent: It is better to have this conversation in April than in July. Giving them advance notice allows them to make life plans or look for a "Cap-Exempt" employer (like a university or non-profit research organization) that can sponsor an H-1B without a lottery.
HR Checklist: April 1 Action Plan
- ✅ Verify Data: Ensure petition salaries match the registration data (Wage Level check).
- ✅ Prioritize OPT: File cases for employees with expiring OPT first to secure Cap-Gap.
- ✅ Freeze Travel: Notify selected employees to pause international travel.
- ✅ File Extensions: Submit STEM OPT extensions for those not selected.
- ✅ Screen Alternatives: Send resumes of top talent to counsel for O-1/L-1 assessment.
- ✅ Communicate: Send the "Next Steps" email to all employees by April 5.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Immigration options like O-1 and L-1 are highly fact-specific. We strongly recommend consulting with qualified immigration counsel regarding your specific employees' eligibility.
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