Can you get H-1B without lottery? Can I work without H-1B receipt?
No, it is not possible to obtain an H-1B visa without going through the H-1B lottery process. The H-1B visa program is capped at 85,000 visas per fiscal year, which includes 65,000 visas for general category applicants and an additional 20,000 visas for applicants who have earned a master’s degree or higher from a U.S. institution.
When the number of H-1B visa applications received by USCIS exceeds the annual cap, a random lottery is conducted to select the applications that will be processed for adjudication. The lottery is conducted separately for the regular and master’s degree cap exemptions.
Therefore, even if you meet all of the eligibility requirements for the H-1B visa, you will still need to go through the lottery process to have a chance at being selected for one of the available visas.
Can I work without H-1B receipt?
No, you cannot work in the United States without an H-1B visa or at least a receipt notice indicating that your H-1B petition has been filed and is pending with the U.S. Citizenship and Immigration Services (USCIS).
The H-1B visa is a non-immigrant visa that allows foreign workers to come to the United States temporarily to work in specialty occupations. The H-1B visa holder is authorized to work for the specific employer listed on the visa, and only for the duration of the visa validity period.
If you are in the United States and do not have a valid H-1B visa or a receipt notice indicating that your H-1B petition is pending, you cannot legally work for any employer. Unauthorized employment can result in serious consequences, including deportation and being barred from entering the United States in the future.
It’s important to follow all the rules and regulations related to employment authorization in the United States to avoid any legal issues or consequences. If you have questions or concerns about your employment authorization status, you should consult an immigration attorney or a qualified immigration professional.